HomeMy WebLinkAbout17-97 RESOLUTION NO. q 7-97
A RESOLUTION of the City Council of the City of
Port Angeles, Washington, amending the Personnel
Policy and Procedures Manual by revising several
sections to update the manual, in compliance with
current laws, rules, regulations, and practices.
WHEREAS, the City of Port Angeles desires to update its personnel
policies and procedures manual to comply with various employment law changes
and changes to City policy and procedures;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Port Angeles as follows:
Section 1: The City of Port Angeles Personnel Policy and Procedures
Manual is hereby amended by revising the chapters noted below, as set forth in
the attached Exhibit "A":
A. Chapter 1: Purpose, Applicability, and Definitions (language
changes plus add Customer Commitment Process);
B. Chapter 2: General Work Rules (EEO, Workplace Harassment,
Nepotism, Class Specifications, City Property, Ethical Rules, E-Mail
and Internet Usage, Whistle-Blower Protection, City Loci<ers, and
Inclement Weather);
C. Chapter 3: Employment (Pre-Employment Procedures);
D. Chapter 4: Personnel Actions (Transfers, Lay-Offs, and Termination
Procedures);
E. Chapter 5: Salary Administration (Work on a Holiday,
Administrative Time Off, Vacation Cash-Out);
F. Chapter 6: Attendance and Hours of Work (Rest Periods and Meal
Periods);
G. Chapter 7: Leave of Absence (Sick Leave, Maternity Leave, FMLA,
Leave of Absence, Donation of Paid Leave);
H. Chapter $: Employee Safety (Workplace Threat or Violence);
I. Chapter 9: Standards of Employee Conduct (Disciplinary Actions);
J. Chapter 10: Employee Grievance Procedures;
K. Chapter 1 1: Travel, Vehicle Use, and Reimbursement Procedures.
PASSED by the City Council of the City of Port Angeles at a regular
meeting of said Council held on the.lfitk,day of December, 1997.
ATTEST:
Becky J'. E~{~nSJCi{y- clerk -
APPRQSfED AS TO FORM:
Craig D. IT, nutson, City Attorney
CITY OF PORT ANGELES
PERSONNEL POLICY AND PROCEDURES
MANUAL
PREPARED BY THE HUMAN RESOURCES OFFICE
JANUARY, 1998
CITY OF PORT ANGELES
321 Ea~,t Fifth Street. PO Box 1150 Phone ~36()} 41 ,--1.501)TTY Phone 1360~ 417-4645
CITY MANAGER Port Angeles. Washington 98362-1150 Fax ~360~ 417--i509 mternet address citym@olympus.net
TO ALL CITY EMPLOYEES:
This document is vour personal copy of the Ciw of Port Angeles Personnel Policy and Procedures
manual. I encourage you to read this throughly, as it describes your rights and obligations as a Ci.ty
employee. Please note that for employees covered bv a labor contract, the contract supersedes this
poli%' manual.
Let me take this opportuniky to emphasize the importance xve all place on quality customer service,
whether we are ser~dng external customers (the public and citizens), or internal customers, our
fellow employees. Whether you are a ne~v employee or a long-term employee, as you gain
knoxvledge about our Customer Commitment process you will more fully understand our unique
commitment to sen-ice. In meeting the requests and needs of our "customers", xve strive to go
bevond their expectations. You are encouraged to get involved in the Customer Commitment
process within your department or in one of the Ciw-wide committees. It xvill be a rewarding
experience xvith considerable personal growth and vou xvill gain knowledge that will be used
throughout the year.
Bv xvav of backgrotmd, we began our Customer Commitment process in 1996 as a City Council
goal. ~'earlv all employees xvere involved in developing our City Values Statement, which follows
this letter in the manual and is displayed throughout the Ciw. We 'MI are expected to uphold these
values in our dealings with each other and the public. You will find them easy to tbllow and use,
as they are positive statements that enhance the quail.tX of our xvork life. We believe the Ci,ty of
Port Angeles is a special place to live and work.
X,Ve encourage your participation in our Customer Commitment process and consider this program
a regular part of each employee's job as we deliver quail .ty customer service.
Please take the time to know your Customer Commitment Steering Committee members, as they
provide the guidance for the Customer Commitment process. They will be happy to answer any
questions you may have. You are also welcome and encouraged to stop bv mv office anytime if I
can assist you or answer questions for you.
truly,
CITY OF PORT ANGELES
STATEMENT OF VALUE5
We the employees of the City of Port Angeles share
a dedication and commitment to providing
QUALITY CUSTOMER SERVICE with HONESTY,
INTEGRITY and FLEXIBILITY.
Working as a team, we take PRIDE in providing
EFFICIENT and EFFECTIVE services for which we
are RESPONSIBLE and~ FISCALLY ACCOUNTABLE.
We value a POSITIVE A-I-I i-fLIDE, TRUST,
INITIATIVE. and COMPASSION with a high
standard of PROF.ESSIONA~SM and OPEN
COMMUNICATION...: ~e':respect DIVERSITY and
foster a SAFE environment.
In PARTNERSHIP with the community, we are
STEWARDS of our unique environment and
QUALITY OF LIFE.
CITY OF PORT ANGELES
PERSONNEL POLICY AND PROCEDURES MANUAL
TABLE OF CONTENTS
CHAPTER 1 - PURPOSE, APPLICABILITY, AND DEFINITIONS
1.00 Purpose 1
1.01 Application 1
1.02 Conflicts with Labor Agreements 1
1.03 City's Right to Establish, Amend or Repeal 1
1.04 Customer Commitment Process 1 - 2
1.05 Definitions 2 - 4
CHAPTER 2 - GENERAL WORK RULES
2.00 Equal Employment Opportunity 5
2.01 Workplace Harassment 5.6
2.02 Nepotism 6
2.03 Department Work Rules 7
2.04 Classification Plan 7
2.05 Class Specifications 7
2.06 Smoking in the Work Place 7
2.07 Bulletin Boards 7
2.08 Political Activity 8
2.09 Receipt of Gifts 8
2.10 Care of City Property 8
2.11 Return of City Property 8
2.12 City Dress Code 8 - 9
2.13 Ethical Rules 9
2.14 Electronic Mail & Internet Use 9 - 11
2.15 Reporting Improper Governmental Action and
Protecting Employees Against Retaliation 12 - 14
2.16 Purchase of Surplus Property/Equipment 15
2.17 City Sponsored Activities and Programs
For Employees 15
2.18 City-Owned Cellular Phones 15 - 16
2.19 City Lockers 16
2.20 Inclement Weather Policy 16 - 17
CHAPTER 3 - EMPLOYMENT
3.00 Notification of Vacancies 18
3.01 Promotional Opportunities 18
3.02 City Applications 18
3.03 Status of New Employees 18 - 19
3.04 Verification of Lawful Employment in the USA 19
3.05 Pre-Employment Procedures 19
CHAPTER 3 - EMPLOYMENT (Con't)
3.06 Starting Salary for New Employees 20
3.07 Written Job Offers 20
3.08 New Employee Orientation 20
3.09 Performance Evaluations 20 - 21
3.10 Hiring of Former Employees 21
3.11 Adjustment of Hire Date 21
3.12 Personnel Record 21 - 22
3.13 Other Employment 22
CHAPTER 4 - PERSONNEL ACTIONS
4.00 Personnel Action Forms 23
4.01 Promotions 23
4.02 Resignation in Good Standing 23
4.03 Transfer 23
4.04 Reclassification 24
4.05 Lay-OffProcedures 24 - 25
4.06 Retirement 25
4.07 Termination Procedures 26
CHAPTER 5 - SALARY ADMINISTRATION
5.00 Salary Structure 27
5.01 Salary Steps 27
5.02 Eligibility for Salary Increases 27
5.03 Payroll Deductions 27
5.04 Pay Days 28
5.05 Overtime 28
5.06 Work on a Holiday 28
5.07 Stand-By Assignment 28
5.08 Call Back 28 - 29
5.09 Higher ClasSification Pay and Assignment 29
5.10 Compensatory Time Off (Comp. Time) 29
5.11 Administrative Time Off 29 - 30
5.12 Vacation Cash-Out 30
CHAPTER 6 - ATTENDANCE AND HOURS OF WORK
6.00 Hours of Work 31
6.01 Attendance 31
6.02 Rest Periods/Meal Periods 31 - 32
6.03 Reporting of Work Hours 32
CHAPTER 7 - LEAVES OF ABSENCE
7.00 Vacation 33
7.01 Sick Leave 33 - 34
7.02 Military. Leave 34
7.03 Jury Duty 34
7.04 Holidays 34 - 35
7.05 Maternity Leave 35
7.06 Family Leave 35 - 37
7.07 Leave of Absence Without Pay 38
7.08 Leave of Absence WithPay 38
7.09 Voting During Work Hours 39
7.10 Time Off for Union Business 39
7.11 Donation of Paid Leave 39 - 40
CHAPTER 8 - EMPLOYEE SAFETY AND LOSS CONTROL
8.00 Purpose 41
8.01 Reporting of Injuries/Accidents 41 - 42
8.02 Employee Safety Responsibility 42
8.03 Workers' Compensation 42
8.04 Workplace Threat or Violence 42 - 43
CHAPTER 9 - STANDARDS OF EMPLOYEE CONDUCT AND DISCIPLINE
9.00 Purpose 44
9.01 Representation 44
9.02 Right of Appeal 44 - 45
9.03 Causes for Disciplinary Action 45 - 46
CHAPTER 10 - EMPLOYEE GRIEVANCE PROCEDURE
10.00 Purpose 47
10.01 Exclusions from the Grievance Procedures 47
10.02 Time Limits 47
10.03 Right of Representation 48
10.04 Informal Grievance Process 48
10.05 Formal Grievance Procedure 48 - 49
CHAPTER 11 - TUITION REIMBURSEMENT, TRAVEL & VEHICLE USE POLICY
11.00 Tuition Reimbursement 50
11.01 City Travel Vehicle Use and
Reimbursement Policy 50
A. Travel Policy 50 - 52
B. Vehicle Use Policy 52 - 54
C. Recruitment Expense 54
D. Business Meals 54
CITY OF PORT ANGELES
PERSONNEL POLICIES AND PROCEDURES MANUAL
CHAPTER 1 - PURPOSE, ,~PPLICABILITY, )d'¢D DEFINITIONS
1.00 PURPOSE 1.02 CONFLICTS WITH LABOR
AGREEMENTS
The Personnel Policies and Procedures
Manual for the City of Port Angeles is In specific instances where these
established by the City to: Policies and Procedures may conflict
with terms or conditions of the labor
A. Provide a uniform system of agreements, the labor agreements shall
personnel administration prevail over these Policies and
throughout City service; Procedures. These Policies/Procedures
supersede any previous personnel
B. Ensure a fair and equitable resolutions, policies, ahd procedures.
process for recruitment,
selection, placement, 1.03 CITY'S RIGHT TO ESTABLISH,
promotion, and separation of AMEND, OR REPEAL
City employees in compliance
with applicable State and The City reserves the exclusive fight to
Federal laws and regulations; repeal, modify, or amend any portion
or all of these Personnel Policies and
C. Assist supervisors and Procedures at any time and with any
managers in the development such changes to take effect
and implementation of proper immediately, with or without notice,
practices and procedures subject to approval of the City Council
concerning the administration by Resolution. The Human Resources
of humanresourceswithinthe Manager shall be responsible for
respective Departments; interpretation of these Policies and
Procedures. Portions of these policies
D. Ensure and protect certain that are subject to wages, hours and
rights and responsibilities of conditions of employment are subject
City employees, to collective bargaining, where
applicable.
1.01 APPLICATION
1.04 CUSTOMER COMMITMENT
Except where specifically indicated,
these Policies and Procedures apply to The City of Port Angeles began its
all regular full-time and regular part- City-wide Customer Commitment
time employees of the City. of Port Program in January, 1996. The City
Angeles, as well as to probationary and all employees are dedicated to
employees, uphold and support the Customer
Commitment process and Values
Statement in our work environment.
1 Eft. 1/98
We strive for excellence in providing City Service: The amount of time
the best possible customer service to employed by the City in a regular full-
the public and our fellow employees, time or regular part-time position (e.g.,
We have a unique opportunity within total City service used for computing
our Customer Commitment process vacation accrual).
for individual employees to determine
how we meet the needs of the public. Classification: A group of positions
sufficiently similar in nature, duties and
In order for the Customer responsibilities, knowledge, abilities
Commitment process to be effective, and skills, and qualifications to permit
we encourage employees to learn combining them within a single job title
about the various committees and for purposesofwagesand selection.
become actively involved. While some
take on leadership roles, others may Classification Seniority: The amount
choose to participate in other equally of time employed by the City in a
important activities and projects. All regular full-time or regular part-time
employees are evaluated on their position within a classification (e.g.,
performance and commitment to class seniority used for lay-off
customer service through the City's procedures).
performance evaluation process.
Cost of Living Adjustment (C.O.L.A.):
In the application of these policies and An across-the-board change in the
procedures, customer service is of salary range of a classification,
utmost importance, with the City's authorized bv the City Council and
Values Statement ever present in our negotiated through the collective
daily work. The Values Statement is bargaining process. This excludes
to be adhered to in the interpretation salary changes resulting from merit
of these Personnel Policies and increases, decreases from disciplinary
Procedures. actions, or other similar salary
changes.
1.05 DEFINITIONS
Demotion: The assignment of an
Anniversary Date: The original date of employee, voluntarily or involuntarily,
hire with the City in a regular full-time to a classification having a lower
or regular part-time position, including maximum salary.
the employee's probationary period.
Disciplina~_ Action: The action taken
Appointing Authority: The City by the City relative to negative
Manager or Department Head performance or resulting from action
empowered to hire or remove an by an employee in violation of an
employee from City employment, established standard, rule, procedure,
law, or other legitimate reason,
Bargaining Unit: A group of including, but not limited to, verbal
classifications represented by a labor reprimand, written reprimand,
union, suspension, demotion, or dismissal.
2 Eft. 1/98
Dismissal: The termination by the City Non-Represented Employees:
of an employee from employment for Employees of the City not represented
cause, by a labor union for purposes of
establishing wages, hours, and
Employer: The City of Port Angeles, a conditions of employment (i.e.,
municipal corporation of the State of management and confidential
Washington. employees).
Employment Status: The period of Personnel File: The official record,
service with the City, including the maintained in the City Human
probationary period. Resources Office, of each employee's
personnel actions while employed.
A. Probationary Status: The
initial period of employment Position: A singlejob of various tasks,
which is considered a duties and responsibilities assigned to
continuation of the selection an employee.
process, in which the
employee's work is evaluated. Promotion: The assignment of an
During this period, the employee from a position in one class
employee may be dismissed at to a position in another class having a
any time, with or without higher salary range.
cause, and is not subject to an
appeal procedure. Represented Employees: Employees
of the City who are lawfully
B. Regular Status: The period of represented by a labor union,
employment after completion recognized by the City, to establish
of the probationary period, wages, hours, and working conditions
through collective bargaining.
Grievance: A complaint by an
employee based on an allegation that Salary_: Base wages, either monthly,
an injustice was done upon an bi-weekly, or hourly, paid to an
employee or group of employees; employee.
unfair application of an adopted rule,
regulation, or proce~lure; or violation Salary_ Range: The approved pay for
of a term or condition of a valid labor each classification, starting with a
agreement, minimum pay with equal step
increments up to a maximum rate of
Merit Salary Increases: An pay.
incremental step(s) increase based
upon satisfactory or better Salary_ Step: An established increment
performance, as recommended by the of pay within the salary range for a
Department Head and approved by the classification.
City Manager.
3 Eft. 1/98
Suspension: Temporary removal of an
employee, with or without pay, from
employment.
Transfer: The assignment of an
employee from one position to a
different position within the same
classification or similar classification
with the same salary range and having
similar qualifications.
Type of Emplo_wnent Status:
A. Regular Full-Time: A position
authorized to work 2,080
hours per year on a regular
basis.
B. Regular Part-Time: A position
authorized to work over 20 but
less than 40 hours per week on
a regular basis.
C. Temporary_: A position
authorized to work on a
seasonal program, a special
project, during peak
workloads, or other similar
work. Employment may be for
40 hours per work-week for
temporary periods or "on call"
as needed. Employees in this
category do not accrue any
benefits or. en:~ployment status
with the CiW and may be
dismissed at any time, with or
without cause of appeal
procedures.
4 Eft'. 1/98
CHAPTER 2 - GENERAL WORK RULES
2.00 EQUAL EMPLOYMENT Resources Manager for investigation
OPPORTUNITY and appropriate action.
It is the policy of the City to treat all 2.01 WORKPLACE HARASSMENT
applicants and employees equally and
without regard to race, religion, creed, Harassment includes unsolicited
color, national origin, sex, age, marital remarks, gestures, or physical contact;
status, veteran status, disability, or display or circulation of written
other basis prohibited by State or materials or pictures derogatory to
Federal law. either gender or to racial, ethnic, or
religious groups; or basing personnel
The City shall make positive effort to decisions on a employee's response to
attract, hire, and retain qualified sexually-orientedrequests.
candidates who are within recognized
minority groups, females, veterans, The City will not tolerate any act that
disabled persons, or candidates within discriminates against another employee
other protected status through Federal because of race, color, national origin,
and/or State law. This process sex, religion, creed, marital or
includes providing recruitment notices veteran's status, age, or the presence of
to State veterans' offices, vocational a physical, mental or sensory disability,
rehabilitation, Employment Security, or any other basis prohibited by local,
as well as to local Indian tribes, to state or federal laws.
recruit candidates. The City shall also
promote advancement of qualified The City prohibits sexual harassment
employees within these groups through, of its employees by other employees or
internal efforts when possible, outside parties. Sexual harassment
negatively affects morale, motivation,
It is also the City's policy to foster and and job performance. It is
maintain a nondiscriminatory, work inappropriate, offensive, and illegal
environment for all e_mployees, and will not be tolerated.
Violations of this Policy will be cause "Sexual harassment" means
for disciplinary action, including unwelcome sexual advances, requests
termination, for favors, and other offensive verbal
or physical conduct of a sexual nature
Any employee who believes he/she has when: a) submission to such conduct is
been or is the victim of discriminatory made either explicitly or implicitly a
treatment shall bring this concern term or condition of an individual's
immediately to the attention of the employment; b)submission to, or
Department Head and/or the Human
5 Eft'. 1/98
2.01 Workplace Harassment (Con't) possible, as determined by the City,
one of the employees may be
rejection of. such conduct by an requested to resign from City service.
individual is used as the basis for If such a resignation or transfer does
employment decisions affecting such not occur within 180 days of notice by
individuals; or c)such conduct has the the City, the City shall select and
purpose or effect of unreasonably terminate one of the employees.
interfering with the individual's work During the 6-month transition, the
performance or creating an subordinate employee will be
intimidating, hostile, or offensive supervised by another management-
working environment, level person who will be responsible
for all personnel actions of the affected
Sexual harassment includes employee.
unwelcome verbal behavior such as
comments, suggestions, jokes, or Other situations in which this nepotism
derogatory remarks based on sex, policy will be applied are (as
physical behavior such as pats, determined by the City):
squeezes, repeatedly brushing against
someone's body, or impeding or A. One family member would be
blocking normal work or movement; responsible to financially affect
visual harassment such as posting of the other, or financially audit
sexually suggestive or derogatory the other family member.
pictures, cartoons or drawings, even at
one's work station. It also includes B. One family member would
unwanted sexual advances, pressure handle confidential information
for sexual favors and/or basing affecting the other family
employment decisions (such as an member.
employee's performance evaluations,
work assignments, or advancement) Immediate family member for
upon the employee's acquiescence to application of this policy includes:
sexually harassing behavior in the parent, spouse, brother, sister, brother/
workplace, sister-in-law, children, mother/father-
in-law, cohabitation relationships,
2.02 NEPOTISM grandparents and grandchildren.
It shall be the policy of the City to Any appeals involving the nepotism
disallow employment of relatives in a policy shall be to the City Manager,
supervisor/subordinate relationship. If whose decision shall be final upon the
members of a person's immediate parties.
family become employed in such a
relationship, one shall be transferred, if
possible, to remove the supervisor/
subordinate relationship. If this is not
6 Eft. 1/98
2.03 DEPARTMENT WORK RULES 2.06 SMOKING IN THE WORK PLACE
Each Department Head is responsible Smoking is prohibited in City Hall and
for establishing and distributing other public work locations. Smoking
department work rules and regulations, is permitted only in outdoor areas or
Such work rules and regulations shall areas designated as smoking areas, as
be in conformity and consistent with determined by the Department Head.
these Policies and Procedures, the
collective bargaining agreements, and This policy extends to all work areas,
Civil Service Rules/Regulations, if including public areas, lobbies,
applicable, restrooms, stairways, elevators,
employee lounges, and hallways.
2.04 CLASSIFICATION PLAN Smoking areas may be designated by
the Department Heads which are
The Human Resources Office shall consistent with the intent of this
establish and maintain the policy.
Classification Plan for the City. The
Classification Plan shall consist of class Smoking in City vehicles used for local
specifications for each classification, and out-of-town travel as "pool cars"
together with established salary ranges is prohibited. Smoking may be
as adopted by the City Council. permitted in other City vehicles or
equipment, provided the smoker first
2.05 CLASS SPECIFICATIONS checks with all other occupants in the
vehicle prior to smoking. If any
The Human Resources Office shall occupant objects to another person
develop and maintain a class smoking while present in the vehicle,
specification (also called a job then smoking is prohibited. It shall be
description) for each classification in the responsibility of the smoker to
the City, which shall include the nature discontinue smoking in the vehicle
of work, the essential functions of the while the objecting person is present.
job, illustrative examples of assigned
duties and responsibilities, educational/ Failure to comply with this policy is
experience quaii_fications, and grounds for disciplinary action.
knowledge, abilities, and skills.
2.07 BULLETIN BOARDS
Prior to the adoption of a new
classification, if applicable, the City Each City Department and major
shall notify the appropriate bargaining Division (if in a different work
unit for negotiation of the salary, for location) shall maintain an employee
the classification, bulletin board for official City notices.
This bulletin board shall be used for
job postings, safety notices and other
information of City business.
7 Eft. 1/98
2.08 POLITICAL ACTIVITY employer at the time the employee
terminates employment or upon
Solicitations for political contributions request of the employee's immediate
is strictly prohibited on City property supervisor or Department Head. This
by City employees during working includes, but is not limited to, keys,
hours, personal computers, tools, workbooks
or training materials, uniforms,
2.09 RECEIPT OF GIFTS calculators, or any other equipment or
property of the City. In each instance,
No employee shall solicit or receive a the employee's Department Head shall
gift, compensation, or other item of so instruct the Director of Finance in
value fi.om anyone doing business with writing of such payroll deduction as
the City. Unsolicited gifts not soon aspracticable.
returnable will be donated to a non- -
profit orga~i?ation to be determined by 2.12 CITY DRESS CODE
the City Manager or Department
Head. Questions regarding application All employees shall maintain their
of this policy should be directed to the personal grooming and wear proper
respective Department Head and/or to work clothes to adequately perform
the City Attorney. their work in a safe manner, as well as
present a favorable image to the public
2.10 CARE OF CITY PROPERTY concerning City employees. To meet
this objective, and recognizing that
An employee is expected to exercise dress standards varv depending on the
proper care in the use of City property location and type of work, Department
and to utilize City-owned property Heads are responsible for ensuring that
only for authorized official City these guidelines are implemented and
business. Negligence in the care and followed in their operational areas, in
use of any City-owned property may accordance with the specific policies
be considered cause for disciplinary below:
action, including suspension and/or
dismissal from City employment. 1. Work clothes and grooming
shall meet required safety rules
Unauthorized remox3al of City-owned and regulations.
property fi.om the City's premises or its
conversion to personal use is 2. Work clothes and grooming
prohibited and is cause for disciplinary shall not be overly faddish or
action, extreme, based on community
and social acceptability, as
2.11 RETURN OF CITY PROPERTY determined by supervisors on a
case-by-case basis.
City-owned property issued to an
employee shall be returned to the
8 Eft. 1/98
2.12 CityDress Code (Con't) 2. Offensive Messages
3. Work clothes and grooming The City of Port Angeles prohibits the display
must be clean and well or transmission of sexually explicit images,
maintained, offensive or disruptive messages and cartoons,
gender-specific comments, as well as the use
4. Work clothes and grooming of ethnic slurs, racial epithets, any comment
must be appropriate for the that offensively addresses someone's age,
working conditions of the job. sexual orientation, religious or political beliefs,
national ohgin, disability, or anything that may
2.13 ETHICAL RULES be construed as harassment.
In addition to those set forth in these 3. User Accountability
Policies and Procedures, State statutes
provide certain ethical rules which are Employees are expected to not divulge their
attached for easy reference and are individual passwords. If users need to share
considered a part of these Policies and computer resident data, they should utilize
Procedures. See Chapter 42.20 and message forwarding facilities, public
42.23 RCW (attached). directories on local area network servers, and
other authorized information sharing
2.14 ELECTRONIC MAIL & INTERNET mechanisms. To prevent unauthorized parties
USE from obtaining access to electronic
communications, users shall choose passwords
1. Electronic Mail Security Policy which are difficult to guess. Passwords to
avoid are family member names or pet names,
Electronic messages generated on or or obvious work-related words.
handled by electronic communications
systems are the property of the City. 4. Employee Responsibilities
and are not the private property of any
users of the electronic communications Except as otherwise specifically provided,
services, employees may not intercept, disclose, or
assist in intercepting or disclosing electronic
The City of Port Ap_ geles electronic communications that are not sent to them or
communications systems shall be used they are not the intended recipient.
for authorized City business only. Information Services is responsible for
Users are forbidden to intentionally use servicing and protecting the electronic
electronic communications systems for communications networks. To accomplish
unauthorized, non-City related this, it occasionally may be necessary to
charitable endeavors, religious or intercept or disclose electronic
political causes, private business communications. Management reserves the
activities, personal activities, right to enter an employee's E-mail file for
amusement/entertainment purposes, or business purposes. To this end, employees are
other non job-related communications, required to make their computer passwords
9 Eft'. 1/98
2.14 Electronic Mail & Intemet Use (Con't) concerns about specific policy applications
should be directed to the Information Services
Division.
available to IS and their Department Head.
Management may examine E-mail 8a. Information Movement
communications at any time without prior
notice. All software down-loaded from non-City
sources via the Internet must be screened with
5. Retrieval of Information virus detection software prior to being
invoked. Down-loaded software should be
Employees shall not use a code, access a file, tested on a stand-alone, non-networked, non-
or retrieve any stored information, unless production computer. If the down-loaded
authorized to do so. Employees should not sot~ware contains a virus, worm, or Trojan
attempt to gain access to other employee's horse, then the damage will be restricted to the
computers without their permission. All involved machine.
computer pass codes must be provided to
supervisors. Contacts made over the Internet should not be
entrusted with confidential City information
6. Purging Electronic Messages unless a due diligence process has first been
performed. Users shall not place City material
Messages no longer needed for business (software, internal memos, etc.) on any
purposes must be periodically purged by users publicly-accessible Internet computer unless
from their personal electronic storage areas, the posting of these materials has first been
After a certain period (generally 6 months) approved by the appropriate Department
electronic messages backed-up to a separate Head.
data storage media (tape, disk, CD-ROM, etc.)
will bedeleted. All publicly-writable directohes on City
Internet-connected computers shall be
7. Policy Violation reviewed and cleared each evening. This
process is necessary, to prevent the anonymous
Any employee who discovers a violation of exchange of information. Examples include
this poli~ shall mediately notify the Finance pirated software, purloined passwords, stolen
Director, who shall inform the City Manager. credit card numbers, and inappropriate written
An employee who violates this policy or uses or graphic material.
the electronic communications for improper
purposes shall be subject to disciplinary action. Bb. Information Protection
8. Internet Securit3,_ Policy Wiretapping and message interception is
straightforward and frequently encountered on
This policy describes the City of Port Angeles the Internet. Confidential, proprietary, or
policy regarding Internet use and security. All private information of the City must not be
Internet users shall be familiar with and sent over the Internet unless it has first been
comply with these policies. Questions and
10 Eft'. 1/98
2.14 Electronic Mail & Internet Use (Con't) 8d. Access Control
encrypted by methods approved by the I.S. City employees or volunteers shall not
Division. establish Internet or other external network
connections that could allow non-City users to
Credit card numbers, SCAN numbers, gain access to City of Port Angeles systems
telephone calling card numbers, log-in and information.
passwords, and other parameters that can be
used to gain access to goods or services, shall 8e. Reporting Security Problems
not be sent over the Internet in readable form.
Whenever passwords or other system access
Exchanges of sof~ware between the City and control mechanisms are lost or suspected of
any third party shall not proceed unless a being stolen or disclosed, the I.S. Manager
written agreement has first been signed by the must be notified immediately_ All unusual
Department Head and I.S. Such an agreement behavior, such as missing files, frequent system
shall specify the terms of the exchange, as well crashes, misrouted messages, etc. shall be
as the ways in which the software is to be immediately reported to the IS Division.
handled and protected.
Copying of software in a manner that is not
consistent with the software vendor's license
is strictly forbidden. Likewise, off-hours
participation in pirate software bulletin boards
and similar activities is prohibited.
Reproduction of words posted or otherwise
available over the Internet shall be done only
xvith the permission of the author/owner.
8c. Expectation of Privacy
City employees or volunteers using City
information systems and/or the Internet should
realize that their communications are not
automatically protected from viewing by third
parties.
At any time and without prior notice, the City
reserves the fight to examine E-mail, personal
file directories, and other information stored
on City computers.
11 Eft. 1/98
2.15 REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING
EMPLOYEES AGAINST RETALIATION
The Washington State Whistleblower Act is the employee's employment; and
intended to protect local government
employees who raise issues of improper b. That (I) is in violation of any
governmental actions with their supervisors federal, state, or local law or rule, (ii)
and with appropriate governmental agencies, is an abuse of authority, (iii) is of
The City of Port Angeles respects the rights of substantial and specific danger to the
reporting employees and has adopted this public health or safety or (iv) is a gross
policy to insure compliance with the law. waste of public funds.
It is unlawful for a local government to take "Improper governmental
retaliatory, action because an employee, in action" does not include personnel
good faith and in conformance with the local actions, including employee
government's procedures, provides information grievances, complaints, appointments,
that improper governmental action may have promotions, transfers, assignments,
occurred, reassignments, reinstatements,
restorations, reemployment,
POLICY STATEMENT performance evaluations, reductions in
pay, dismissals, suspensions,
It is the policy of the City of Port Angeles (1) demotions, violations of collective
to encourage reporting by its employees of bargaining or civil service laws, alleged
improper governmental action taken by the violations of labor agreements or
City of Port Angeles officers or employees and reprimands.
(2) to protect the City of Port Angeles
employees who have reported improper 2. "Retaliatory action" means any adverse
governmental actions in accordance with the change in the terms and conditions of
City of Port Angeles' policies and procedures, a City of Port Angeles employee's
employment.
DEFINITIONS
3. "Emergency" means a circumstance
As used in this policy, the _following terms that if not immediately changed may
shall have the meanings indicated: cause damage to persons or property.
1. "Improper governmental action" PROCEDURES FOR REPORTING
means any action by a City of Port
Angeles officer or employee: The City of Port Angeles employees who
become aware of improper governmental
a. That is undertaken in the actions should raise the issue first with their
performance of the officer's or supervisor. If requested by the supervisor, the
employee's official duties, whether or employee shall submit a written report to the
not the action is within the scope of supervisor, or to some person designated by
12 Eft.. 1/98
Procedures for Reporting (Con't) Port Angeles employee reasonably believes
that an adequate investigation was not
the supervisor, stating in detail the basis for undertaken by the City of Port Angeles to
the employee's belief that an improper determine whether an improper governmental
governmental action has occurred. Where the action occurred, or that insufficient action has
employee reasonably believes the improper been taken by the City of Port Angeles to
governmental action involves his or her address the improper governmental action or
supervisor, the employee may raise the issue that for other reasons the improper
directly with the City Manager or such other governmental action is likely to recur.
person as may be designated by the City
Manager to receive reports of improper City of Port Angeles employees who fail to
governmental action, make a good-faith attempt to follow the City
of Port Angeles' procedures in reporting
In the case of an emergency, where the improper govemmentalaction shall not receive
employee believes that damage to persons or the protection provided by the City of Port
property may result if action is not taken Angeles in these procedures.
immediately, the employee may report the
improper governmental action directly to the PROTECTION AGAINST RETALIATORY
appropriate government agency with ACTIONS
responsibility for investigating the improper
action. City of Port Angeles officials and employees
are prohibited from taking retaliatory action
The supervisor, the City Manager, or the City against a City of Port Angeles employee
Manager's designee, as the case may be, shall because he or she has in good faith reported an
take prompt action to assist the City of Port improper governmental action in accordance
Angeles in properly investigating the report of with these policies and procedures.
improper governmental action. The City of
Port Angeles' officers and employees involved Employees who believe that they have been
in the investigation shall keep the identity of retaliated against for reporting an improper
reporting employees confidential to the extent governmental action should advise their
possible under law, unless the employee supervisor, the City of Port Angeles Manager
authorizes the disclosure of his or her identity or the City of Port Angeles Manager's
in writing. After an investigation has been designee. The City of Port Angeles officials
completed, the employee reporting the and supervisors shall take appropriate action
improper governmental action shall be advised to investigate and address complaints of
of a summary of the results of the retaliation.
investigation, except that personnel actions
taken as a result of the investigation may be If the employee's supervisor, the City
kept confidential. Manager, or the City Manager's designee, as
the case may be, does not satisfactorily resolve
The City of Port Angeles employees may a City of Port Angeles employee's complaint
report information about improper that he or she has been retaliated against in
governmental action directly to the appropriate violation of this policy, the City of Port
government agency with responsibility for Angeles employee may obtain protection under
investigating the improper action if the City of this policy and pursuant to state law by
13 Eft. 1/98
Protection Against Retaliatory_ Actions (Con't) Office of Administrative Hearings
P.O. Box 42488, 4224 Sixth S.E.
providing a written notice to the City of Port Rowe Six, Bldg. 1
Angeles City Council no later than thirty days Lacey, WA 98504-2488
after the occurrence of the alleged retaliatory (206) 459-6353
action that:
The City of Port Angeles will consider any
a. Specifies the alleged retaliatory action; recommendation provided by the
and administrative law judge that the retaliator be
suspended with or without pay, or dismissed.
b. Specifies the relief requested.
RESPONSIBILITIES
The City of Port Angeles employees shall
provide a copy of their written charge to the The Human Resources Manage_r, as designated
City of Port Angeles Manager no later than by the City Manager, is responsible for
thirty (30) days after the occurrence of the implementing the City of Port Angeles'
alleged retaliatory action. The City of Port policies and procedures (1) for reporting
Angeles shall respond within thirty (30) days improper governmental action and (2) for
to the charge of retaliatory action, protecting employees against retaliatory
actions. This includes ensuring that this policy
After receiving either the response of the City and these procedures (1) are permanently
of Port Angeles or thirty days after the posted where all employees will have
delivery of the charge to the City of Port reasonable access to them, (2) are made
.Angeles, the City of Port Angeles employee available to any employee upon request and
may request a hearing before a state (3) are provided to all newly-hired employees.
administrative law judge to establish that a Officers, managers and supervisors are
retaliatory action occurred and to obtain responsible for ensuring the procedures are
appropriate relief provided by law. An fully implemented within their areas of
employee seeking a hearing should deliver the responsibility. Violations of this policy and
request for hearing to the City of Port Angeles these procedures may result in appropriate
Manager within the earlier of either fifteen disciplinary action, up to and including
(15) days of delivery to the City of Port dismissal.
Angeles' response to the charge of retaliatory
action, or forty-five (45) d~ys of delivery of In order to insure reporting options for the
the charge of retaliation to the City of Port employee, the City Managex~s designee will be:
Angeles for response. (1) Human Resources Manager, (2) City
Attorney/Senior Assistant City Attorney.
Upon receipt of request for hearing, the City
of Port Angeles shall apply within five (5)
working days to the State Office of
Administrative hearings for an adjudicative
proceeding before an administrative law judge:
14 Eft'. 1/98
2.16 PURCHASE OF SURPLUS communication for employees. To this
PROPERTY/EQUIPMENT end, the City sponsors certain activities
and programs such as periodic
Employees may participate in bidding employee breakfasts, the Safety and
for surplus City, equipment and/or Wellness programs, and annual awards
property, provided no special luncheons. The City Council
privileges or conflict of interest arises authorizes the City Manager to
from such action. A conflict of provide necessary funding for these
interest for the purposes of this employee programs. However,
Section is defined by Chapter 42.23 funding is limited to budgetary
RCW, "Code of Ethics for Municipal limitations.
Officers - contract Interests".
2.18 CITY OWNED CELLULAR
Generally speaking, the following PHONES
employees may not participate in
bidding for or purchase of surplus The acquisition and use of cellular
property/equipment: (1) City Council phones by City departments shall be in
members; (2) City Manager; (3) accordance with this policy. The
Department Heads; and (4) any purpose of this policy is to ensure
employee responsible for surplusing cellular phones are used in the most
and sale of the property and/or expeditious manner and to provide
equipment, guidelines in the acquisition and use of
such equipment.
Employees electing to bid on or
purchase surplus property/equipment The purchase and/or installation of
for which no conflict of interest arises cellular phones shall be approved by
shall participate in the public bidding the Department Head. It shall be the
process stipulated by City of Port responsibility of the Department Head
Angeles Ordinance No. 2168. In to ensure that sufficient funds are
addition, such employee shall declare budgeted for the purchase and monthly
his/her interest in participating in the operational costs associated with such
bidding process to his/her Department equipment prior to its use.
Head in advance, or as soon as
possible after the ~ublic notice of Cellular phones owned by the City
sealed bids or auction is released, shall be used only for authorized City
business as determined by the
2.17 CITY SPONSORED ACTIVITIES Department Head and the individual
AND PROGRAMS FOR employee's job requirements. The
EMPLOYEES general use of cellular phones shall not
be in lieu of more cost effective,
The City of Port Angeles endeavors to practical and available means of
create a harmonious and productive communication.
work environment and improve
15 Eft. 1/98
2.18 City Owned Cellular Phones (Con't) garbage collection. The City will make
reasonable efforts to notify affected
Cellular phones may be used for employees that a facility will be closed,
personal reasons only in an emergency such as announcements over the radio
situation when no other immediate and phone calls, if appropriate, as
means of communication is available to determined by the City.
the employee. In such event, the
employee shall reimburse the City for Administering Pay:
the cellular phone charge incurred.
Should conditions prevail which would
It is the responsibility of the prohibit City employees from reporting
Department Head or his/her designee to work as scheduled, the following
to provide for a routine examination of shall apply relative to the
cellular phone billing summaries to administration of pay for affected
ensure proper use of such equipment, employees:
2.19 CITY LOCKERS Normal Situation: Employees who
are normally scheduled to work and do
The City may furnish lockers for report to work shall receive their
certain employees for security of normal rate of pay for the hours
employee possessions. The City does worked.
not assume responsibility for any thet~
or damage to the personal belongings Leave Work Early: If an employee is
of employees, and the City reserves the authorized by his/her supervisor to
right to search these lockers at any leave work before the designated shffi
time. ends, such time will be charged to first
accrued comp time and then accrued
2.20 INCLEMENT WEATHER POLICY vacation or leave without pay.
Curtailing Services and Closing Unable to Report: Employees who
Facilities: are normally scheduled to work but are
unable to report to work because of
In the event of an emergency or during the weather conditions shall charge
severe weather conditions, as declared such time to first accrued comp time
by the City Manager, certain City and then accrued vacation or leave
services and/or facilities may be closed without pay. It will be the
or services curtailed. Under such responsibility of the employee to
emergency or severe weather contact his/her supervisor or
conditions, only primary services, as Department Head by telephone if the
determined by the Department Head, employee is scheduled but is unable to
shall be provided, i.e., electric services report for work during the emergency
and Public Works activities such as or inclement weather conditions.
water, sewer, street maintenance, and
16 Eft. 1/98
2.20 Inclement Weather Policy (Con't)
City Facility Closed:
Employees who are normally
scheduled to work but are unable to
report to work because the City facility
is closed shall charge time to first
accrued comp time and then accrued
vacation or leave without pay.
A second option, on an individual
basis, with Department Head approval,
is for the employee to report to the
closed facility and work.
A third option, with Department Head
approval, is for the employee to
receive his/her normal pay as if he/she
had worked and later make up the
hours scheduled but not worked. This
make-up time shall be arranged within
a reasonable time between the
employee and the Department Head
and shall not result in overtime
compensation.
Employees on Leave
Employees who are scheduled to be on
paid leave, such as vacation, comp
time, or holidays, shall have such time
charged to the leave allotments as
originally scheduled.
17 Eft. 1/98
CHAPTER 3 - EMPLOYMENT
3.00 NOTIFICATION OF VACANCIES The City shall provide notice to City
employees of job openings prior to or
When a vacant position occurs in a in conjunction with public notice. This
Department, the Department Head procedure is established to encourage
shall notify the Human Resources promotional opportunities and
Office in writing of the vacancy, and determine whether qualified employees
shall designate a contact person in the exist within the workforce. However,
Department with whom the Human this does not restrict the City from
Resources Office will coordinate the hiring outside the workf'orce or
selection activity, seeking other sources of applicants to
fill job openings. _
In working with the Department, the
Human Resources Office will assist in The Human Resources Office will
determining the necessary recruitment prepare the job posting and distribute
period, develop job posting/ it to City Departments for posting on
advertisements, screen applications, bulletin boards. Such internal posting
test qualified applicants, monitor the shall be for a minimum of five working
selection process for compliance with days and shall include the job title,
lawful requirements, and/or assist the salary, general duties and
Department with the appropriate pre- responsibilities, qualifications, and
employment procedures, such as closing date to receive applications/
medical examination, reference checks, resumes.
psychological evaluations, and
employee orientation once the 3.02 CITY APPLICATIONS
selection is made by the Department
Head. All Departments will use the City of
Port Angeles Employment Application
3.01 PROMOTIONAL OPPORTUNITIES as approved and adopted by the
(Excluding City Manager) Human Resources Office when
_ recruiting for vacancies. This is to
The City shall attempt to fill vacant ensure uniformity and compliance with
positions with the most qualified applicable Federal/State requirements
individual as determined through the relative to the selection process.
selection process and to fill positions
from within the City as appropriate by 3.03 PROBATIONARY §TATUg OF
providing promotional career NEW EMPLOYEES
opportunities for regular full-time and
regular part-time employees. Except as otherwise determined by the
City Manager, all newly hired regular
full-time or regular part-time
18 Eft. 1/98
3.03 Probationary_ Status (Con't) 3.04 VERIFICATION OF LAWFUL
EMPLOYMENT IN THE U.S.A.
employees shall be hired for a
probationary, period of six (6) months Federal law requires the employer to
(twelve months for law enforcement or ensure that newly hired employees are
Fire Department positions). The lawfully employable in the United
Department Head shall use this States. Failure to do so is punishable
probationary period as an extension of by fines and/or imprisonment. To
the selection process to evaluate the comply with this requirement, each
employee's work performance. Each Department must provide to the
employee shall receive a performance Human Resources Office a copy of the
evaluation during the probationary employee's driver's license and Social
period, generally at three (3) and six Security card prior to employment or
(6) month intervals, or more frequent, other proof of identification allowable
as determined by the Department under the law. Check with the Human
Head. Resources Office for other
identification.
Probationers may be terminated during
this period at anytime, with or without 3.05 P R E - E M P L O Y M E N T
cause, and without right of appeal. PROCEDURES
A probationary period shall not be Applicants who have received a
extended except in the instance of an conditional offer of employment may
employee on an extended leave of be required to complete a pre-
absence, so that the Department has employment medical examination
the full term of the probationary period scheduled by the Human Resources
to evaluate the employee. Extensions Office prior to employment. The
of this period are not permitted to Human Resources Office will
continue evaluation of a probationer coordinate the examination with the
who has marginal performance. Department and the potential new hire.
Probationary employees shall be either Failure of the candidate to pass the
terminated or retained by the end of pre-employment medical (i.e., as
the probationary period, as determined determined by the City physician) (plus
by the Department Head. polygraph and psychological
evaluations for law enforcement
In the event an employee is promoted positions) or other required
to a higher classification and serves a procedures, will result in
promotional probation period and fails disqualification from employment.
to complete the probation, the
employee shall revert back to the
classification previously held if the
higher class is within the normal line of
promotion.
19 Eft. 1/98
3.06 STARTING SALARY FOR NEW signature when such orientation is
EMPLOYEES (Excluding City completed. A copy of the checklist
Manager and Department Heads) will be placed in the employee's
personnel file.
Employees shall be hired at the
beginning step of the salary range of Any orientation relative to specific
the classification. If the Department Department concerns is the
Head wishes to start the employee responsibility of the respective
above the first step of the salary range, Department Head.
such a request must be in writing and
reviewed by the Human Resources 3.09 PERFORMANCE EVALUATIONS
Manager and approved by the City
Manager prior to offering the salary to Performance evaluations are
the new employee, recognized as an integral part of a
supervisor's responsibilities toward
As a guideline, a new employee shall effective employer-employee relations.
begin at the starting range~step unless To this end, an employee shall receive
the person exceeds the qualifications his/her performance evaluation which
for the job with additional experience shall be processed in a timely manner.
and/or education, or other reasons as The completed performance evaluation
approved by the City Manager. becomes part of the employee's
permanent record.
3.07 X~RITTEN JOB OFFERS (Excluding
Seasonal or Temporary Personnel) New Hires: Performance evaluations
shall generally be completed at three
The HumanResourcesOffice will send (3) month, and at six (6) month
written confirmation of a job intervals. For Police and Fire
appointment (atter acceptance by the classifications, such evaluations shall
new employee) to the new employee, be completed at three (3) month, six
Such a letter will include the starting (6) month, and twelve (12) month
salary, the probationary period, the intervals. More frequent evaluations
start date, and any other conditions of may generally be conducted at the
employment which are applicable, discretion of the Department Head.
3.08 NEW EMPLOYEE ORIENTATION Annual Review: Each employee shall
receive an annual performance
The Department Head or his designee evaluation, generally on his/her
will make arrangements with the anniversary date, regardless of what
Human Resources Office for employee step in the salary range the employee is
orientation within the first week of assigned.
employment for new employees. The
orientation will include a checklist of Special Evaluations: A Department
items covered with the employee's Head or supervisor may conduct a
20 Eft'. 1/98
3.09 Performance Evaluations (Con't) specifically provided for by State or
Federal Law. With the exception ora
special performance evaluation at any person on a valid re-employment list,
time to evaluate the employee's job the employment of former employees
performance over a given period, shall follow procedures per Section
Such evaluations may be used relative 3.01 of these Policies.
to a specific problem which needs to
be corrected within a certain time 3.11 ADJUSTMENT OF HIRE DATE
period.
An employee who is on a leave of
Exit Performance Evaluation: Upon absence without pay fi.om City service
separation from City service for any for a period of thirty (30) days or
employee, whether full-time, part-time, more, shall have his/her City
or seasonal, the Department Head shall anniversary date (for £ity seniority)
initiate an exit performance evaluation adjusted for the period of such leave.
for placement in the personnel file,
which will include a statement as to 3.12 PERSONNEL RECORD
whether or not the employee is subject
to rehire. The exit performance Personnel records are maintained by
evaluation forms are available from the the Human Resources Office for each
Human Resources Office upon City employee. Such records are
request, property of the City. The records
include, but are not limited to, the
3.10 HIRING OF FORMER EMPLOYEES employee's application, a record of all
personnel actions affecting the
Employees who have resigned their employee such as pay changes,
employment in good standing and who promotions, title changes, leaves of
the Department Head is willing to absences, transfers, accidents,
rehire, or who are on a valid layoff list disciplinary actions, and other related
for re-employment, may be eligible for information.
rehire. If such an employee is rehired
in his/her former classification within An employee's record shall be
one (1) year fi.om the date of confidential to the extent allowable by
separation, the employee may be law. Employees of the City having
credited for his/her previous work time access to the file include the employee,
only for purposes of determining Human Resources Office staff, the
his/her wage. Such wage employee's Department Head, the
determination is subject to review by employee's supervisor(s), the City
the Human Resources Manager and Attorney, and the City Manager. The
approval by the Department Head and employee's representative or legal
City Manager. Prior service credit counsel may have access to the
does not apply to any other employee's file upon written
employment purpose, unless authorization by the employee, with a
21 Eft. 1/98
3.12 Personnel Record (Con't) notice and review for compliance with
this policy is required by the
copy of such authorization placed in Department Head or, in the case of
the file. other employment for Department
Heads, the City Manager's approval.
The personnel file may also be
obtained by a valid court order. Additionally, outside employment will
be prohibited which, in the judgment
If the employee is disciplined resulting of the City Attorney, is in violation of
in documentation being placed in his/ or conflicts with any Federal or State
her personnel file, the employee may law or regulation.
submit a rebuttal to the information.
Such rebuttal must be submitted within
thirty (30) days of receipt of the
discipline action.
The employee may review his
personnel file and obtain a copy of any
information so contained with advance
notice to the Human Resources Office.
The City reserves the fight, as
provided for by City Ordinance, to
charge a copy fee for providing copies
of such information from the file.
3.13 OTHER EMPLOYMENT
If an employee wishes to obtain
employment in addition to his/her City
job, the employee shall provide written
notice to the Department Head prior to
beginning the other job. Such notice
and related correspondence from the
Department Head sh~ll be placed in the
employee's personnel file.
Outside employment which results in a
conflict of interest with City
employment, or which interferes with
the employee's work performance, as
determined by the Department Head
and subsequent verification by the City
Attorney, will be prohibited. Advance
22 Eft. 1/98
CHAPTER 4 - PERSONNEL ACTIONS
4.00 PERSONNEL ACTION FORMS 4.02 RESIGNATION IN GOOD
STANDING
Any personnel action affecting an
employee shall be implemented by the An employee who leaves City service
operating Department processing a shall provide a written resignation to
Personnel Action Form. Such the employee's supervisor with a
personnel actions include, but are not minimum of two (2) weeks advance
limited to, new hires, promotions, notice. Resignations with less than this
demotions, changes in compensation, notice shall be deemed resignations not
leaves of absence, title changes, in good standing, unless authorized by
reclassifications, transfers, the City Manager. _
terminations, resignations, or other
personnel actions. 4.03 TRANSFER (Excluding City Manager
and Department Heads)
The Personnel Action Form is in
triplicate with the white (original) A regular full-time employee who has
placed in the employee's personnel file, completed his/her probationary period
the yellow returned to the Departmem may request a transfer from one
for retention, and the pink copy given position to another position within the
to the employee for his/her records, same classification. Before such a
transfer can occur, it must be approved
4.01 PROMOTIONS (Excluding Civil in advance by the affected Department
Service Positions and City Manager) Heads and City Manager. The
transferring employee will be required
As set forth in Section 3.01, it is the to serve another probationary period if
policy of the City to encourage transferring to a different Department.
promotional opportunities to fill job
vacancies. However, the City reserves If an employee is granted a transfer
the right to determine the method of and subsequently falls the probationary
filling job vacancies, whether open or period, the employee may be placed
promotional, back in his/her prior position if the
position is vacant. If the position is
Notices of City job openings are not vacant the employee shall be
posted on City bulletin boards. Any terminated and placed in a lay-off
current employee who meets the status on the lay-off list for re-
qualifications for the position and who employment (See 4.05, Lay-Off
received a satisfactory or higher rating Procedures.)
on their last performance evaluation
may compete for a City job.
23 Eft. 1/98
4.04 RECLASSIFICATION (Excluding his/ her present level until the salary
City Manager and Department Heads) range for the classification catches up
with the higher salary range).
Because of changes in service Downward reclassifications shall not
demands, job requirements, assigned be considered a demotion.
duties/responsibilities, technology, or
other reasons, a position may be 4.05 LAY-OFF PROCEDURES (Excluding
reclassified. Such changes in a job City Manager, Department Heads, and
may necessitate a classification review Police and Fire classifications under
conducted by the Human Resources authority of Civil Service)
Office, which may affect the wages of
the class (increase or decrease), The City may lay off employees where
change in qualifications, or amending there are changes in service levels,
of the class specifications. A request reorganization, a position is abolished,
for a classification review may only be lack of funding, or other appropriate
initiated by a Department Head, the reason requiring a reduction in the
City Manager, or such review by the work force as determined by the City.
Human Resources Manager. The City shall make efforts to keep
such lay-offs to a minimum by attrition
A Department Head may initiate a or integrating affected employees into
request for a classification review for a other positions. Any employee laid off
newly created position or for an shall receive a minimum of two weeks
existing position, if the duties/ written notice prior to the effective
responsibilities have significantly date of the lay-off
changed. A classification review will
not be undertaken solely to support a Employees having rights to layoff
pay increase. Any request for a procedures include regular full-time
classification review should be in and regular part-time employees.
writing to the Human Resources Seasonal employees or temporary
Office, with a copy to the City employees do not have fights to the
Manager. Any reclassification is layoff procedures or re-employment
subject to appropriate funding within rights.
the respective Depar[ment.
Lay-off will generally be in inverse
If the classification review results in an order of hire by classification seniority
up-grade of the salary range, the within eachDepartment. However, in
incumbent shall be placed within the considering which employees are laid
new range at the step nearest his/her off, the City shall retain the most
present salary, but in no event lower, qualified and job performance shall be
If the classification review results in a a factor in such retention. If a
dom-grade of the position, the particular skill is needed by the City,
incumbent's salary shall be "Y" rated the City maintains the right to retain
(i.e., the employee's salary is frozen at such an employee. Qualifications will
24 Eft. 1/98
4.05 Lay-Off Procedures (Con't) valid reason as determined by the City
exists for such failure to respond.
be determined by the knowledge,
abilities and skills for the classification. 4.06 RETIREMENT
"Bumping procedures" shall apply to Employees covered by the Public
class seniority for positions holding Employees Retirement System (PERS
prior status in a lower class within an I or II) or the Law Enforcement
occupational series. Such procedures Officers and Firefighters Retirement
are defined as employment status held System (LEOFF I or II) wishing
in a lower classification within the information concerning retirement
same occupational series; i.e., a should contact the Department of
maintenance worker may be "bumped" Retirement Systems in Olympia,
by a leadworker with greater seniority Washington. If an emplgyee wishes to
and who has held status in the lower retire, the employee must send an
classification, application for retirement to the
Retirement System Office at least
Lay-Off List ninety (90) days prior to his/her
retirement effective date. The
For a period of eighteen (18) months Department of Retirement Systems
from the date of lay-off, regular full- will provide the employee with the
time employees who were laid off, estimates of benefits due the retiring
followed by regular part-time employee. ,An employee shall provide
employees, shall have re-employment as much notice as possible to the
rights to a position in the classification affected Department Head prior to the
they held prior to such lay-off and shall retirement effective date, preferably six
have first opportunity to fill a position months' notice.
when one becomes available. An
employee re-hired from the lay-off list The respective City Department,
shall be placed at the salary range and within two weeks prior to the effective
step held by the employee prior to date of retirement, shall submit a
being laid off. However, the salary Personnel Action Form to the Human
schedule shall be the rate of pay at the Resources Office for processing,
time ofre-employme-nt, together with a letter from the
employee notifying the City of his/her
It shall be the responsibility of the laid retirement effective date. The Human
off employee to keep his address Resources Office will coordinate the
current with the City. If a position necessary employee separation
becomes available, the City will send procedures with the payroll clerk
notice to the employee at the last relative to the employee's final
address of record, and if the employee paycheck, pay-off of vacation, and
fails to respond to such notice within other applicable compensation.
ten (10) calendar days, the employee's
name will be removed from the lay-off
list for future consideration, unless a
25 Eft. 1/98
4.07 TERMINATION PROCEDURES
(Excluding the City Manager)
Termination of employment shall be
based on either (1) resignation by the
employee, (2) disciplinary action of the
employer, or (3) reduction in force by
the employer.
Whenever an employee's service with
the City terminates, it is the
responsibility of the Department Head
to ensure that the Personnel Action
Form is processed in a timely manner
and that all City keys and other City
property is returned.
26 Eft. 1/98
CHAPTER 5 - SALARY ADMINISTRATION
5.00 SALARY STRUCTURE Regular part-time employees are
eligible for a salary increase based
Salaries for union employees are upon the number of hours budgeted to
established through the collective work in relation to when full-time
bargaining process and adopted by the employee would be eligible for a salary
City Council. Salaries for increase (i.e., one-half or three-quarter
Management, Confidential, and time position). For example, a one-
Unrepresented classifications are half time employee who works 1,040
established by the City Council. All hours/year (i.e., half time) is eligible
salaries are contained in salary for a salary increase upon completion
ordinance(s) adopted by the City of 2,080 authorized work hours, or
Council on an annual basis, two years. _
5.01 SALARY STEPS In order for any merit salary increase
to be effective, the employee must
Each classification has a salary range receive a satisfactory performance
with several steps, a flat rate, either evaluation by the employee's
hourly or monthly. An employee is supervisor, with approval by the
generally hired at the starting step Department Head and City Manager.
within the salary range with annual Annual salary increases are not
progression through the steps based automatic and may be withheld in the
upon satisfactory performance, event of unsatisfactory performance,
However, an employee may be hired excessive absenteeism, unsafe work
up to the mid-point of the salary range, record, because of disciplinary actions
based upon experience and/or within the evaluation period, or as
qualifications, with approval by the determined by the Department Head
Department Head. Starting salary and substantiated through
above the mid-point of the salary range documentation.
requires advanced approval of the City
Manager together with written 5.03 PAYROLL DEDUCTIONS
justification.
As required by law, the City deducts
5.02 ELIGIBILITY FOR SALARY applicable payroll withholdings for
INCREASES Social Security, Federal taxes and
Retirement. Other payroll deductions
Regular, full-time employees are on a voluntary basis are provided for
eligible for a salary step increase(s) through payroll authorization
(increment advance) upon completion procedures, such as union dues,
of the initial probationary period and deferred compensation, United Way,
annually thereat~er, to the maximum of etc.
the established salary range.
27 Eft'. 1/98
5.04 PAY DAYS 5.06 WORK ON A HOLIDAY (Excluding
exempt employees)
The City issues a pay check to eligible
employees eveD' other Friday on a bi- If a regular full-time employee
weekly basis. The pay period for full (designated as non-exempt per FLSA)
time positions, covers 80 hours. The works on a scheduled holiday, the
pay check covers the two-week (80- employee shall be paid the overtime
hour) work period ending Sunday rate for the shift and shall receive an in
before the pay day. Requests for pay lieu holiday to be taken at a later date,
on a day other than the normal payday subject to supervisory approval, or the
must be submitted in writing at least City may pay in cash the equivalent;
seven (7) days in advance to the City i.e., 2-1/2 times the employee's hourly
Manager for approval, rate. Regular part-time employees do
not receive overtime f~or work on a
5.05 OVERTIME(Non-Exempt Employee) holiday, unless they exceed forty (40)
hours per work week. The regular
Overtime hours for regular full-time part-time employee shall receive an in
employees are authorized hours lieu holiday based upon a pro-ration of
worked in excess of eight (8) hours in their annual authorized work hours.
a work day or forty (40) hours in a
work week. For regular part-time 5.07 STAND-BY ASSIGNMENT
employees, the non-overtime work
week is 40 hours/week, which may If an employee is needed to work
include work in excess of 8 hrs/day, during off-duty hours, as determined
by the City, the employee may be
Overtime compensation will be paid placed on stand-by assignment. Stand-
for authorized overtime hours worked by status includes situations where the
at the rate of time and one-half the employee is provided a paging device
employees regular rate of pay. or portable radio so he may respond to
Assignment of overtime hours is a work when called.
management prerogative and is not
voluntary. 5.08 CALL.______.:BACK (Non-Exempt Emp.)
To be eligible - for overtime If an employee is called back to work
compensation, and employee must be other than Ms/her normal work shit~,
in a classification designated as non- the employee shall receive
exempt per Fair Labor Standards Act compensation at the rate of two (2)
(FLSA) requirements. Classes exempt hours minimum at time and one-half
from overtime include executive, the employer's regular rate of pay.
professional, and certain administrative Hours worked on a call-back situation
positions. The Human Resources
Office maintains a list of exempt and
non-exempt classes.
28 Eft'. 1/98
5.08 Call-Back (Con't) for overtime hours worked, and an
employee elects to take comp time in
beyond the 2-hour minimum shall be lieu of cash, the rate of earnings shall
paid at the overtime rate of pay, unless be one and one-half hours of comp
such time is part of the employee's time earned for each hour of overtime
regularly scheduled work week. worked, computed to the nearest 30
minutes. The maximum number of
5.09 HIGHER CLASSIFICATION PAY hours of comp time accrued shall not
AND ASSIGNMENT (Excluding City exceed 40 hours. Overtime worked in
Manager and Department Heads) excess of this amount shall be paid off
in cash. In the event of separation of
The Department Head may assign an City service, comp time hours accrued
employee to work in a higher but not taken shall be paid off'in cash
classification in the event of a position at the employee's rate_ of pay in the
being temporarily vacant. Such classification the employee holds
assignment may be made if the position regular status. Prior to a promotion,
will be vacant for a minimum of one accrued comp time shall be taken off
week or more. The premium pay shall or paid in cash to eliminate this fiscal
be 5% of the employee's regular rate of liability.
pay. To qualify and be assigned higher
class pay, the employee must be Departments are responsible for
granted the responsibility and authority keeping and maintaining separate
of the higher class, including making records of comp time hours accrued
decisions within the normal scope of and taken, showing the employer
work. Assistant Department Heads name, job title, number of overtime
whose duties include acting as a hours worked, the date of overtime
Department Head, as noted in their job hours worked together with remaining
descriptions, are excluded from this balance of hours on the books. The
policy, record-keeping requirements is
mandated by the Fair Labor Standards
In the event a Department Head Act (FLSA).
documents unusual circumstances for
higher class assignment, such Employees wishing to schedule time
exceptions shall be submitted to the off to use accrued comp time hours
City Manager for variance to this shall do so in advance, similar to
policy, vacation usage.
5.10 COMPENSATORY TIME OFF 5.11 ADMINISTRATIVE TIME OFF
(COMP TIME) (Non-Exempt
Employees) Managers are expected to work a
minimum of a 45 hour work week
If a Department Head elects to offer before being eligible for administrative
compensatory time off' in lieu of cash
29 Eft.. 1/98
5.11 Administrative Time Off (Con't) 4) Administrative time off.shall be
recorded within the
time off' credited to the 40 hours per department, but not on time
year in #2 below. Eligibility for cards. In January of eachyear,
administrative time off' is not an each Department Head shall
accrual process such as compensatory prepare a memo to the Human
time off. It is intended for the Resources Manager indicating
increased work load because of special the total number of hours of
projects and/or non-routine work. The administrative time off allowed
Department Head shall determine for each employee in excess of
when administrative time off is two hour increments during
permitted, subject to City Manager the preceding year.
approval, as stated below.
5.12 VACATION CASH OUT
1) Administrative time off of up
to two (2) hours in a given day In an effort to reduce the City's future
shall be allowed at the liability for vacation accrual, the City
discretion of the Department may allow employees to cash out a
Head. portion of their vacation on an annual
basis, based on the following
2) Administrative time off of conditions: If an employee has in
more than two (2) hours in a excess of 200 hours of combined sick
given day shall be allowed leave and vacation accrual upon the
upon approval of /he date of the request, the employee may
Department Head, up to an request to cash out up to 40 hours of
annual maximum of 40 hours vacation. However, they must leave
per calendar year. Such time two weeks of vacation on the books to
off shall only be given for be used.
hours worked by management
employees in excess of 45 All requests will be considered on a
hours per week. City-wide basis, subject to available
funding in the budget adopted by the
3) The City _Manager may City Council. Requests will be
approve up to an additional 40 submitted to the Human Resources
hours per year for special Office by September 1 st of each year
projects, provided that written to be considered for funding in the
justification is submitted by the subsequent budget. If funding is not
Department Head, with acopy authorized, requests will not be
to the Human Resources allowed. A separate budget line item
Office. will be established. Approved requests
will be pro-rated with all requests
received.
30 Eft. 1/98
CHAPTER 6 - ATTENDANCE .~ND HOURS OF WORK
(Excludes City Manager and Department Heads)
600 HOURS OF WORK An employee absent from work
without proper notification shall be
The regular non-overtime work week subject to disciplinary action and if the
is 40 hours, except for Fire absence continues for three (3) or
Department shift employees. The more consecutive days or shifts, shall
work day is generally 8 hours in a 24- be considered as having abandoned
hour period, as scheduled by the his/her job and may be terminated,
Department. The Fire Department has depending upon the circumstances of
24-hour shifts, the employee's absence.
Each Department shall establish work 6.02 REST PERIODS/MEAL PERIODS
schedules for employees which may
vary and may include weekends. The Employees working 8-hour shifts shall
normal work week is 5 consecutive be entitled to two (2) 15-minute rest
days on and 2 consecutive days off periods; one during the first half of the
(excluding Fire Department shift 8-hour shift, and one during the
employees), second half of an 8-hour shift. Break
times are scheduled by the supervisor
6.01 ATTENDANCE per department/division needs so as
not to interfere with City business and
Employees are expected to arrive at such breaks or meal periods shall not
work in sufficient time, ready to work be accrued for use at a later time. The
when the work shift begins. If a morning and afternoon breaks shall be
uniform is required, changing from taken in the field at the crew's current
personal clothes to the uniform is non- work site, unless the type of work
paid time. Punctual attendance is performed is not compatible due to
required. If an employee is going to be efficiency, safety, or other legitimate
late for work, or absent himself/herself reasons with a break in the field. The
from work, it is the employee's supervisor shall, at the beginning ofthe
responsibility to -notify his/her day when assigning work, determine if
supervisor in advance of the situation, it is appropriate for the crew to take
Each Department will establish their morning and/or afternoon break
attendance notification procedures for in a location other than at the job site.
employees (i.e., minimum time for
notifying supervisor of absence). If an employee is unable to receive
Repeated tardiness is subject to his/her rest period during the day, such
disciplinary_ action, time is not additional hours worked for
overtime purposes.
31 Eft. 1/98
6.02 Rest/Meal Periods (Con't)
Meal periods may be 30 or 60 minutes
in length, as established by the
Department work schedule and may be
paid time or non-paid time, depending
upon the employee's work schedule. If
an employee works less than a 5-hour
shift, a meal period is not provided.
6.03 REPORTING OF WORK HOURS
Maintaining accurate time records
relative to hours worked and leave
time is required by law. Each
employee is responsible for completing
his/her time card and each supervisor
is responsible for verifying such
information prior to submittal for
payroll purposes. Falsification of time
records will be grounds for disciplinary
action, up to and including
termination.
32 Eft'. 1/98
CHAPTER 7 - LEAVES OF ABSENCE
7.00 VACATION (Excluding City Manager Sick leave is earned at the rate of eight
and Department Heads) (8) hours per month (3.6923 hours bi-
weekly) (Fire shift employees receive
Vacation shall be earned and taken as twelve (12) hours per month) for all
provided for in the appropriate City regular full-time employees. Regular
Ordinance or labor agreement, part-time employees earn an amount
Vacation may be taken, upon prorated, based upon the number of
supervisory approval, after completing authorized hours budgeted for the
the first six (6) months of employment, position.
Unused vacation credits shall be paid
off in cash upon separation from City Sick leave may be used, with advance
service, approval of the supervisor or
Department Head, for illness or injury
Except during probationary periods for to the employee, to care for members
promotional positions, probationary of his/her immediate family, or for
employees do not accrue vacation and funeral leave. Use of sick leave for
are not entitled to any vacation pay-off funeral leave is limited to three (3)
if they are terminated or resign during days per incident unless additional time
the probationary period. After is approved by the Department Head.
reaching regular status, the employee The definition of a family member is
is credited with the appropriate found in Section 7.06, Family Leave.
number of hours of vacation time for
time in City service. Regular part-time If a Department Head or supervisor
employees earn an amount pro-rated, has reasonable cause to believe an
based upon the number of authorized employee has used sick leave
hours budgeted for the position. All improperly, the employee may be
vacation taken is subject to advanced required to show proof of illness/injury
supervisory approval, by verification from a physician. Such
proof of illness may be requested for
7.01 SICK LEAVE (Excluding the City any suspected abuse or misuse of sick
Manager and Department Heads) leave benefits. Prior to the
(See also Section 7.06, Family Leave) Department Head requiring the
employee to produce a doctor's
Sick leave is a benefit provided by the statement relative to the illness, the
City to regular full-time and regular employee may, upon request, discuss
part-time employees. Sick leave is the matter with the Department Head
considered a privilege and not a right, so extenuating circumstances, if any,
Abuse or improper use of sick leave is may be considered. The employee's
subject to disciplinary action, supervisor may, with reasonable cause,
opt to visit the employee's home to
33 Eft'. 1/98
agreement. The holidays for 7.06 FAMILY LEAVE
Management, Administrative, and
regular part-time and regular full-time, An eligible employee may take up to twelve
unrepresented employees are: (12) work weeks of family leave during any
consecutive twelve (12) month period for:
New Year's Day
Labor Day 1. The birth of a child and to care for a
Washington's Birthday newborn child; or
Veteran's Day
Memorial Day 2. Placement with the employee of a child
Thanksgiving Day for adoption or foster care; or
Independence Day
Day a~er Thanksgiving 3. Care for a spouse, child under the age
Christmas Day of 18 years, or parent, bu_t not including
Two (2) Floating Holidays parent-in-law, who has a serious health
condition; or
Two floating holidays shall be granted
to eligible employees on the payroll, 4. To care for self; if the employee has a
effective January 1 st of each year. serious health condition that makes the
Employees hired after July 1 st shall employee unable to perform the
receive one floating holiday for the essential functions of the employee's
calendar year. Floating holidays may job.
be taken in only 8-hour periods.
Family leave shall include unpaid leave, paid
7.05 MATERNITY LEAVE leave, compensatory time and paid legal
holidays, ifa. ny. Leave for childbirth, adoption
Medical disabilities resulting from or placement for foster care shall be completed
pregnancy, miscarriage, childbirth, or within twelve (12) months after the birth or
recovery from childbirth, shall be placement for adoption, as applicable.
eligible for maternity leave of absence.
Such leave of absence shall not exceed Family leave shall be charged to accrued sick
the actual period of disability. Prior to leave, accrued compensatory time, and floating
utilization of any unp_aid leave without holidays. Unpaid leave as family leave shall be
pay, the affected, employee shall first authorized only at~er the exhaustion of all
use accumulated paid leave (comp forms ofavailablepaidleaves above. Vacation
time, vacation, sick leave, and floating may also be used for family leave.
holidays).
Eligibility: To be eligible for family leave, an
Any request for maternity leave shall employee must have been employed by the
be in writing to the Department Head City for at least 12 consecutive months prior
on the City Leave of Absence Request to the date family leave is to begin and have
form, stating theduration of the leave, been compensated for at least 1,250 hours
subject to approval by the City during the same 12~month period. Family
Manager. leave is available to all regular full-time and
regular part-time employees.
35 Eft. 1/98
7.01 Sick Leave (Con't) considered for reinstatement in
accordance with the provisions of
determine the nature of the illness and State law (Chapter 73.16 RCW).
extent of expected absence or to Upon application for reinstatement, the
investigate proper usage of sick leave, employee must provide a copy of
his/her military discharge papers.
Employees may use sick leave for Reinstatement is limited to employees
medical, dental, and other related who receive an honorable discharge
health appointments, and should and meet the necessary physical and
schedule such appointments to cause medical standards established for the
the least disruption as possible to the particular classification.
work. When possible, appointments
should be scheduled on the employee's 7.03 JURY DUTY
own time or days off. Sick leave for
such appointments shall be charged in If an employee is caller] for jury duty,
30 minute increments. All requests for the employee shall promptly notify
sick leave shall be made on the City his/her supervisor of such jury duty
Sick Leave Request form provided by service.
the Human Resources Office.
If the employee is called to sit on a
7.02 MII.ITARY LEAVE jury during his/her normal work hours,
the employee will receive his/her
Any employee of the City who is a normal salary but shall surrender to the
member of the State National Guard or City any pay for jury duty paid to the
a Federal Reserve Military unit shall be employee, excluding mileage, if
entitled to be absent from employment applicable.
with the City with full pay up to fifteen
(15) calendar days during each When the employee is excused from
calendar year while engaging in the jury duty, he/she shall report back to
performance of an officially ordered work immediately and notify his/her
military duty and while going to or supervisor that he/she is able to return
returning from such duty, in to work for the balance of his/her shift.
accordance with the laws of the State
of Washington (Rt;W 38.40.060). This section does not apply to time
Such leave shall be in addition to any spent in court on personal business.
other leave and vacation benefits. Such time shall be charged to accrued
Leave for military purposes in excess vacation, comp time, or leave without
of 15 days per year shall be days off as pay.
vacation leave and shall be scheduled
to comply with military orders. 7.04 HOLIDAYS
Employees who are called or volunteer
for service with the armed forces of Holidays are set forth in the
the United States shall be entitled to be appropriate ordinance or labor
34 Eft. 1/98
7.06 Family Leave (Con't) foreseeable, shall be cause to deny
family leave until such time as an
Maintenance of Benefits: During acceptable medical certificate is
periods of family leave, the City will provided to the City.
maintain employee and dependent
coverage under the health plan under If the validity of the claim is disputed or
which the employee was enrolled at unclear, the City may require the
the time leave commenced and shall employee to obtain a second opinion by
make premium payments at the same a provider of the City's choice and at
level as were made prior to leave the City's expense. In the event of a
commencement. Should the employee dispute between the two providers, the
fail to return to work at the conclusion City may require an opinion of a third
of authorized family leave, the City provider jointly selected by the
shall recover any premiums paid for employer and the employee, the cost of
maintaining health coverage under this which shall be borne by the City. The
section, unless the reason is the opinion of the third party shall be
continuation, onset, or recurrence of a binding.
serious health condition, or other
circumstances beyond the employee's Approval of Family Leave: All requests
control, for family leave require the approval of
the employee's Department Head and
Spouses employed by the City are the Human Resources Manager.
entitled to a combined total of 12
work weeks of family leave for the ,an employee planning to take family
birth or placement of a child for leave shall complete the request for a
adoption or foster care, or to care for leave of absence and provide their
a child or parent, but excluding a Department Head and immediate
parent-in-law, who has a serious supervisor with written notice thirty
health condition. (30) days in advance of the anticipated
date of delivery or placement for
Medical Certification Required: Each adoption or foster care, stating the
employee requesting family leave shall dates the employee intends to take
make application on an approved City family leave, unless exempted as
application form-and provide a follows:
certification from the attending
physician. Submission of the medical 1. The birth is premature;
certification should be made at the
time of application but shall be 2. The mother is incapacitated
submitted no later than 15 calendar due to birth so that she is
days aRer application is made. Failure unable to care for the child;
to provide the medical certification
within the required 15 days aRer
application, when the leave was
36 Eft. 1/98
7.06 Family Leave (Con't) 2. An employee on family leave
takes another job.
3. The employee takes custody of
the newly adopted child or The City may elect to designate up to
child placed for foster care at ten percent (10%) of its "highly
an unanticipated time and is compensated" salaried personnel to be
unable to give thirty (30) days exempt from reinstatement under the
advance notice; FMLA, and the employer shall noti~
the affected employee of this action
4. The Department Head, and its consequences at the time the
employee's supervisor and employee makes a request for the
employee agree to notice of leave of absence.
less than thirty (30) days.
Family leave for birth or adoption or
Subject to #1, below, an employee who placement for foster care may only be
exercises any right provided under this used in full work week units and may
section shall be entitled, upon return not be used on an hourly basis or on a
from leave or during any reduced leave single day usage basis unless
schedule: intermittent leave is requested by the
employee and approved by both the
1. To the same or equivalent Department Head and Human
position and salary as was held Resources Manager. Only the actual
by the employee when the number of hours taken will be
leave commenced; or subtracted from the employee's annual
family leave entitlement. Legal
2. If the department's holidays occurring during a week of
circumstances have so changed family leave will not extend the total
that the employee cannot be number of weeks of family leave
reinstated to the same position, available.
or a position of equivalent pay
and benefits, the employee Family leave for serious health
shall be reinstated in any other conditions may be used either as full
position which is vacant and work week units or on an intermittent
for which the employee is or reduced leave schedule if medically
qualified, necessary. Legal holidays occurring
during a week of family leave will not
The entitlements above are subject to extend the total number of weeks of
bona fide changes in compensation or family leave available. Only the actual
work duties, and do not apply if: number of hours taken will be
subtracted from the employee's annual
1. The employee's position is family leave entitlement.
eliminated by a bona fide
restructuring, or reduction-in-
force; or
37 Eft. 1/98
7.07 OTHER LEAVES OF ABSENCES not limited to sick leave, vacation, and
WITHOUT PAY holiday.
Excluding approved military leave, a The employee's City anniversary date
leave of absence without pay is ofemploymentshallbeadjustedequal
permitted by the City under certain to the duration of the leave of absence,
circumstances and after all other paid if such leave extends beyond thirty
leave benefits are exhausted. The City (30) days.
reserves the fight to grant, modit~,, or
deny any leave of absence without pay Failure of the employee to return from
requests, an approved leave of absence without
pay or make other arrangements
A leave of absence without pay is a acceptable to the City Manager shall
privilege the City may extend to result in termination of_the employee,
regular full-time and regular pan-time unless unique circumstances exist, as
employees, for specific periods of time, determined by the City Manager.
on a case-by-case basis. Such leaves
may be granted, e.g., for personal or If the leave of absence is six (6)
educational reasons, months or less, the City will hold the
employee's position open. If the leave
A leave of absence without pay must extends beyond six (6) months, the
be requested in writing on the position may be filled and the
appropriate form obtained from the employee placed on a re-hire list for
employee's supervisor and submitted future vacancies in the classification
to the Department Head as soon as the held prior to the approved leave of
need for such leave is known. The absence without pay.
request shall contain the reason for the
leave and the expected duration of the 7.08 LEAVE OF ABSENCE WITH PAY
requested time off, together with the
date the employee will return to work. A leave of absence with pay, which
may run concurrently with Family
During a leave of absence without pay, Leave, includes approved sick leave,
other than Family Leave, the employee vacation, holiday time, comp. time,
shall be required to pay the necessary military leave, and jury duty. Such
health premiums, if continued leaves of absence require coordination
coverage is requested by the employee, of notice and/or approval by the
The Human Resources Manager will employee's supervisor or Department
assist the employee in the options for Head. A suspension with pay, such as
continued health coverage, investigation of a job-related incident,
is also considered a leave of absence
While on a leave of absence without with pay.
pay, the employee shall not accrue or
be entitled paid leave, including but
38 Eft. 1/98
7.09 VOTING DURING WORK HOURS paid leave (i.e., vacation, sick leave,
holidays, and comp time) because of a
When an employee is informed that catastrophic illness or injury affecting
his/her work schedule is such that the employee or eligible dependent.
he/she is unable to vote either prior to The policy will not apply to an
or after his/her normal work schedule, employee on Worker's Compensation
and there is insufficient advance notice benefits or receiving long-term
within which to secure an absentee disability (LTD)benefits.
ballot, the employee will be allowed up
to two (2) hours time off with pay to A catastrophic illness/injury is one
vote. However, the employee must which is likely to result in an extended
obtain advance supervisory approval disability of several weeks or more,
for this time off, and such time shall be based on medical evidence as provided
scheduled to best meet the operational by a physician's letter. T_he donation of
needs oftheDepartment, the leave is intended to assist an
employee during the 90-day waiting
7.10 TIME OFF FOR UNION BUSINESS period before the long-term disability
benefits begin. In the case of an
Employees who are officers of the employee not eligible for long-term
union shall conduct official union disability coverage, the donation of
business during off-duty hours paid leave benefits can be for up to six
whenever possible. Certain business (6) months' duration. Exceptions to
may be conducted on duty, with the 3 and 6 month time limits will be
advance Department Head approval, evaluated on a case-by-case basis
for such meetings as Labor/ where the employee will return to
Management meetings, grievance work, as verified by medical evidence
processing, and negotiations. All and approved by the City Manager.
meeting shall be at times which do not
interfere with the delivery of municipal In the event a medical situation occurs
services, where an employee needs additional
paid leave, the Department Head will
Any solicitations of members, notify the Human Resources Office,
distribution of union literature, or which will then post a notice that
internal union busines~ shall be on non- donations of paid leave time are
work time. needed to assist another employee.
The use of any City facilities for union- If an employee wishes to donate a
related business is subject to advance portion of his/her accrued paid leave
approval of the affected Department (i.e., sick leave, vacation, comp time
Heads. or holiday time) to another employee,
a written request will be submitted
7.11 DONATION OF PAID LEAVE specifying the name of the employee,
and the amount of hours he or she
This policy shall apply when a regular wishes to donate, and shall forward
full-time employee or regular part-time this to the Human Resources Office.
employee has exhausted all forms of The Human Resources Manager shall
39 Eft. 1/98
Donation of Paid Leave (Con't) for the transfer of paid leave time. If
the hours donated exceed the hours
have the authority to approve or denv used, the excess donation will be
the donation, based on the following returned to the donor.
factors:
1. The nature of the extended
illness or injury to the
employee who has depleted
his/her paid leave time; i.e.,
sick leave, vacation,
compensatory, time, or holiday
time.
2. The historical use of sick leave
by the employee receiving the
donation. If the employee has
misused or has a poor record
of sick leave usage, the request
may be denied.
3. A physician's verification of the
extended disability.
The donation, if approved, shall be on
an hour-for-hour basis without any
salary conversion. The employee
receiving the donated hours will
receive no compensation or monetary
conversion to benefits. The maximum
donation an employee may contribute
is eighty (80) hours of paid leave time.
The employee donating sick leave
hours must maintain a minimum
balance of three (3) weeks of accrued
sick leave. Employees donating sick
leave hours shall not receive payment
for those hours at the time of
resignation or retirement.
The Human Resources Manager will
notify each employee of the hours
donated and will initiate the paperwork
40 Eft'. 1/98
CHAPTER 8 - EMPLOYEE SAFETY AND LOSS CONTROL
8.00 PURPOSE completion of his/her assigned duties,
for his/her own personal safety and the
It is the policy of the City of Port safety of his/her fellow employees, the
Angeles to provide a safe work general public, and Cityproperty.
environment, as required by taw, for all
employees. The City has established a Additionally, every employee shall be
loss control and safety program evaluated on safety practices and
through the Human Resources Office. habits applicable to his/her job
performance.
The City of Port Angeles endeavors to
provide a safe and healthy work 8.01 REPORTING OF INJURIES/
environment for its employees and to ACCIDENTS
conduct its operations accordingly.
It is required that all on-the-job injuries
The City of Port Angeles' Safety and and accidents to employees or the
Loss Control Program requires all public, regardless of severity, be
employees to perform their assigned reported on the City Accident/Injury
work as safely as reasonably possible. Report Form. These forms are
The success of this program available in each Department for
necessitates cooperation from every employees' use and have instructions
employee in each City department, with the form.
The City Manager has the overall In the event of an accident or injury,
responsibility for promulgating safety the Report of Accident form must be
and loss control policies and assuring completed and delivered to the Human
implementation. Resources Manager within 48 hours.
In addition, injuries or property
The Human Resources Manager has damage over $500 must be reported
direct responsibility for continuous immediately to the Human Resources
coordination and evaluation of the Manager.
overall City safety program and all
applicable rules, laws, and regulations In the event of an injury, the employee
pertaining to health and safety, must advise his/her supervisor
immediately so that proper medical
The Department Heads and Division attention can be obtained and the
Supervisors are responsible for injury report can be completed. The
implementing safety policies as they supervisor must make an immediate
apply to workers in their Departments/ investigation, as complete as the
Divisions, as well as the general public situation warrants, and assure that the
affected by their work. Report of Accident or Injury form is
properly completed and forwarded.
Each employee is responsible for The supervisor also shall be
following the safety policies in the responsible for obtaining damage
41 Eft. 1/98
8.01 Reporting of Injuries/Accidents (Con't) E. Report any unsafe conditions
or acts, near misses, and other
estimates. Equipment Services will safety concerns immediately to
assist in determining damage estimates his/her supervisor.
and coordinating the information to the
Human Resources Manager. The F. Wear a seatbelt while
Human Resources Manager and City operating City vehicles, as
Attorney's office will assist as required by law.
necessary.
G. Actively participate in City-
Emergency assistance can be requested wide and departmental safety
by dialing 911. The employee's training and safety programs.
supervisor is responsible for making
sure that all vital information is 8.03 WORKEWSCOMPENSATION
collected. Vital information can
include photographs of the scene and Employees injured on the job are
witness statements containing names, covered by worker's compensation
addresses and phone numbers, and benefits and are required to notify the
other relevant information. Human Resources Manager by
completing the City Accident Report
8.02 EMPLOYEE RESPONSIBILITY form. The employee is permitted to
integrate any accrued sick leave credits
Each employee has a responsibility to with worker's compensation benefits to
assist with the City's safety and loss equal the employee's regular salary.
prevention program, including but not Any questions by employees or
limited to the following: supervisory personnel shall be directed
to the Human Resources Manager.
A. Comply with and keep
informed of necessary safety 8.04 WORKPLACE THREAT OR
work rules, regulations, and VIOLENCE
practices.
The City will not tolerate any acts of
B. Use required_safetyprotection violence to City employees or the
on equipment and around public. Any employee who commits
machinery, such as proper an act of violence or threatens another
shoes, ear and eye protection, employee or the public will be subject
hard hat, respirator, etc. to investigation and discipline.
Additionally, any threat or act of
C. Report all injuries and violence by the public towards an
accidents to his/her supervisor employee will not be tolerated. If an
as soon as possible, regardless employee feels threatened by any act,
of the severity, he/she shall report the incident to the
Supervisor, who shall investigate the
D. Report to the supervisor when matter. The Supervisor will respond
the employee is taking any verbally or in writing to the citizen and
prescribed drugs, the employee involved and document
42 Eft'. 1/98
8.04 Workplace Threat or Violence (Con't)
the incident in writing to the Human
Resources Manager.
Workplace violence includes any acts
of violence or threats against an
employee or the public, such as verbal
threats of physical harm, damage to
City property, or behavior knowingly
harmful or threatening.
In conjunction with this policy,
weapons shall not be permitted in the
workplace, including firearms, knives
in excess of a 4" blade, dangerous or
flammable chemicals or liquids, or any
other object intended to injure or
harm. This excludes normal work
tools or firearms in the case of sworn
police officers.
Any incidents of violence or threat to
an employee or member of the public
will be reported to the employee's
Supervisor for investigation. The
Supervisor shall contact the Human
Resources Manager to assist in the
investigation
43 Eft. 1/98
CHAPTER 9 - STANDARDS OF EMPLOYEE CONDUCT AND DISC~LINE
(Excluding City Manager, Probationary and Temporary Employees)
9.00 PUP, PO SE 9.01 REPRESENTATION
Standardized rules of' employee During any meetings between a
conduct and disciplinary procedures supervisor/manager with an employee
are necessary to ensure fair and involving disciplinary action or when
equitable treatment of employees, such action may reasonably be
These procedures are established so expected, the affected employee has a
that all employees and supervisory right to representation on his behalf.
personnel are aware of the rules of Such representation is generally by a
conduct and employee discipline, union officer, shop steward, union
business agent, or in some instances an
The U. S. Supreme Court in a attorney. Management will make an
landmark decision (Cleveland Board of effort to comply with a request by an
Education vs. Loudermill, 1985) ruled employee for representation prior to
that employees who have a property discussions or implementation of
right in continued employment have disciplinary action unless
certain rights which are afforded prior circumstances merit immediate action.
to discharge of employment (excluding
probationary discharge). The intern of 9.02 RIGHT OF APPEAL
this procedure is to provide an
employee a pre-disciplinary review An employee who is disciplined has a
process which includes (a) verbal or right to appeal the disciplinary action
written notice of the intent to (except verbal reprimands or written
discipline; (b) an explanation of the reprimands), if such action results in a
evidence and charges against the loss of compensation, benefits, or
employee; and (c)an opportunity for similar sanction, or a change in
the employee to respond to the working conditions done specifically
charges, for disciplinary reasons which has a
negative financial impact upon the
This pre-disciplinary ~'eview process is employee. Such an appeal shall be to
intended to be informal, and affords (1) the City Manager; (2)through the
eligible employees certain rights prior grievance procedure of the respective
to being disciplined. Exclusions from labor agreement; or (3) the Civil
this pre-disciplinary review process are Service Commission for Police and
(a) verbal reprimands; (b) performance Fire Department Civil Service
evaluations; and (c) written reprimands employees.
which do not result in loss of pay or
benefits. The employee may not process an
appeal by more than one of the
avenues noted above and shall do so in
accordance with his/her respective
44 Eft. 1/98
9.02 Right of Appeal (Con't) reprimands: (b) performance
evaluations: and (c) written reprimands
status (i.e., Management/ that do not result in loss of pay or
Administrative employee may appeal benefits.
to the City Manager; union employees
appeal through the labor contract 9.03 CAUSES FOR DISCIPLINARY
grievance procedure or to the City ACTION
Manager, depending on the issue; and
Civil Service employees appeal to the Except for Civil Service employees
Civil Service Commission). (Police and Fire) who are covered by
Chapter 2.22 PAMC, causes for
An employee shall request an appeal disciplinary actions include but are not
within ten (10) days (see PAMC limited tothefollowing:
2.22.110) from the effective date of
the disciplinary action. Failure to file A. Absence without leave. An
such an appeal within this time period employee who absents
shall result in denial of the appeal as himself]herself from the job,
untimely and forfeits any fight to without proper notification to
appeal the disciplinary action, the appointing authority or
supervisor, shall be guilty of
An employee is entitled to a pre- absence without leave within
disciplinary meeting to review the the meaning of this subsection.
evidence and documentation which
will result in disciplinary action as well B. Workplace harassment,
as the fight to respond verbally and/or including sexual harassment.
in writing to the charges brought
against him/her. However, these C. Conviction of any criminal act,
procedures do not limit additional including any felony or
disciplinary action or evidence, if misdemeanor which adversely
additional facts/evidence become impacts the City or the ability
subsequently available at a later date. to effectively perform the job.
The pre-disciplinary meeting is an
informal meeting, including the D. Disorderly or immoral
employee, his/her representative, if conduct, or conduct
any, the Department Head and unbecoming an employee in
employee's supervisor, and others as the public service,which
determined by the Department Head. adversely affects the
After conclusion of the informal employee's performanceorthe
meeting, the Department Head will effectiveness of the City's
determine whether to proceed with the service to the public.
disciplinary action or amend his action
accordingly. Such a decision may E. Incompetency or inefficiency.
occur at the meeting or following the
meeting, if additional time is needed. F. Insubordination.
Exceptions to entitlement to the pre-
disciplinary meeting are (a) verbal
45 Eft. 1/98
9.03 Causes for Disciplinary. Action (Con't) P. Failure to report an accident or
falsely filing a report
G. Being in possession or under concerning an injury., accident,
the influence of alcoholic or other related incident.
beverages during the
employee's working hours or Q. Violation of the City's
at his or her work site. Personnel Policies and
Procedures.
H. Neglect of duty.
I. Negligence or willful damage
to public property or waste of
public supplies or equipment.
J. Violation of any lawful or
reasonable regulation or order
made and given by a
supervisor.
K. Fraud in securing appointment.
L. Dishonesty, including but not
limited to falsification of
records, time cards, or other
work activity records.
M. While on duty, being in
possession of unlawful drugs,
under the influence of unlawful
drugs, or under the influence
of a drug which may adversely
affect the employee's
performance._ Also, any
trafficking-of a controlled
substance or narcotic is cause
for disciplinary action.
N.Discourteous treatment of the
public or other employees.
O. Willful violation of any rule,
regulation, policy, procedure,
or safety practice.
46 Eft. 1/98
CHAPTER 10 - EMPLOYEE GRIEVANCE PROCEDURE
(Excluding City Manager and Department Heads)
10.00 PURPOSE C. Grievances filed atter twenty
(20) days from the date of
The employee grievance procedure is occurrence, or after twenty
established to provide an orderly (20) days from the date the
process for an employee to attempt to employee had knowledge of an
resolve a problem, complaint, unfair occurrence, but in no event
treatment, or improper application ora later than one (1) year from the
policy, rule, or regulation. This date of the occurrence.
employee grievance procedure is not
to be used relative to issues covered by D. Classification is_sues.
the labor contracts. Such matters are
addressed through the grievance 10.02 TIME LIMITS
procedure of the respective labor
contracts. Time limits are established to settle
grievances quickly. Time limits in the
NOTE: Grievance procedures of the grievance procedure may be extended
labor contracts or this employee by written agreement of the City and
grievance procedure, or any other the affected employee. If the grievant
administrative procedure, are not is not satisfied with the decision
available to employees on probation rendered at a particular step in the
who are discharged during the process, it is the grievant's
probationary period. The only responsibility to initiate the action
exception to this is if such discharge which submits the grievance to the
involves sexual harassment or next level of review within the time
discrimination, in which case, this limits specified. Failure of the
grievance procedure is limited to the employee to submit the grievance
specific charge, within the time limits shall terminate
the grievance and the matter shall be
10.01 EXCLUSIONS FROM THE considered resolved.
GRIEVANCE PROCEDURE
A. Work assignments, shift
scheduling, overtime
assignment, and similar related
matters.
B. Work performance
evaluations.
47 Eft. 1/98
10.03 RIGHT OF REPRESENTATION The grievance form and any
supporting documents shall be
An employee may have a delivered to the supervisor with whom
representative present during the the informal meeting was held, no later
grievance procedures to assist the than ten (10) days from the date of the
employee in the process. However, close of the informal meeting. The
the employee shall notify the City in supervisor shall hold a formal meeting
advance of the name and address of with the employee to review the facts,
any such representative, gather all supporting documents,
discuss the complaint and desired
solution. The supervisor will issue a
10.04 INFORMAL GRIEVANCE written decision on the original
PROCESS grievance form within a reasonable
time, generally within five (5) days of
The informal process of the grievance the close of the formal meeting.
procedure shall be used prior to
initiating the formal grievance Step 2
procedure. This process involves
verbal discussion between the If the employee feels the immediate
employee and the immediate supervisor has not resolved the
supervisor in an attempt to resolve the grievance, the employee may appeal to
issue or concern. If the employee's the Department Head. At this time, all
supervisor fails to resolve the issue supporting documents and evidence
within five (5) days of the meeting held relative to the grievance shall be
to discuss the matter, or the employee included with the appeal. The
is not satisfied with the supervisor's Department Head shall hold a formal
response, the employee may proceed meeting with the employee and his
to the formal grievance process, representative, if requested, within a
reasonable time, generally within ten
10.05 FORMAL GRIEVANCE (10) days from the date of the appeal
PROCEDURE receipt, and attempt to settle the
grievance.
Step 1
A decision shall be made, in writing,
The formal grievance procedure shall on the original grievance form, to the
be initiated by the employee, stating employee by the Department Head
the natureofthegrievance, the alleged within a reasonable time, generally
violation, and the desired solution, in within ten (10) days fi-om the close of
writing on the City grievance form, the formal meeting.
together with any supporting
documents attached to the grievance
form.
48 Eft. 1/98
10.05 Formal Grievance Procedure
(Con't)
Step 3
If the employee is not satisfied with the
decision of the Department Head, he
may appeal the decision to the City
Manager within five (5) days from
receipt of the Department Head's
decision. In his appeal to the City
Manager, all supporting documents
must be attached to the grievance
form, together with the grievant's
reason for appeal and stated remedy
requested.
The City Manager or his designee will
review the original grievance, all
supporting documents, the Department
Head's response, and the remedy
requested, and issue a written decision
within a reasonable time, generally
within ten (10) days of receipt of the
grievance.
The decision of the City Manager shall
be final and binding upon the parties to
the grievance.
49 Eft'. 1/98
CHAPTER 11 - TUITION REIMBURSEMENT, TKAVEL, AND VEHICLE USE POLICY
11.00 TUITION REIMBURSEMENT Courses offered during regular work
hours may be approved, per the above
The City's tuition reimbursement policy, if time off can be arranged
program covers payment for college without affecting the public services or
course work to encourage employees disrupting departmental operations,
to pursue job-related education/ Such time off should be charged to
training. Under the tuition accrued vacation, comp time, or leave
reimbursement program, the City pays without pay.
for 75% of tuition and required books,
subject to budgetary restrictions and in 11.01 CITY TRAVEL, VEHICLE USE,
accordance with the following AND REIMBURSEMENT POLICY
requirements: (Excludes City Council Members)
a) Requests for tuition The City shall reimburse employees for
reimbursement must be made job-related expenses, per the following
in writing, in advance, on the policy:
form provided by the Human
Resources Office. TRAVEL POLICY:
b) Ail course work must be job- This policy is to provide for the
related and requires advance consistent application and use of travel
approval by the Department funds and to provide guidelines for
Head and City Manger, authorization and reimbursement of
processed through the Human travel expenses. The City Manager
Resources Office. may authorize travel expenses over the
limits in this policy at his discretion, on
c) Prior to payment of approved a case-by-case basis.
tuition reimbursement, the
employee must provide proof It is the employee's responsibility to
of a grade "C" or better, use travel funds for their approved
together · w~th a copy of purpose only and properly document
receipts for the course and expenditures with receipts in
required books, accordance with this policy.
d) The City may retain certain In addition to this policy, the Finance
course materials (i.e., books, Department provides guidelines on
reference materials) if the how to complete the travel request
Department Head determines form, with timelines and other similar
such materials are of value to
the City.
50 Eft. 1/98
11.01 Travel Policy (Con't) Registration fees will be paid in
advance directly to the vendor by the
guidance. Contact the Finance Finance Department from information
Department for a copy of the travel submitted.
guidelines and travel request forms.
Travel expenses incurred but not
Authorization for Travel Expenses: approved on the Travel Request form
may be reimbursable with proper
Prior to travel, employees must submit verification, provided such expenses
a Travel Request form for approval, are directly related to City travel and
The form must provide all travel costs, are approved by the Department Head
including transportation, lodging, or City Manager.
registration, meals, and other related
expenses. The employee shall_ submit the
completed travel/expense form within
Requests for less than $30 will be five (5)working days after completion
processed after completion of the ofthetravel.
travel.
The Finance Director shall review
Requests for travel/conference meal, lodging, mileage and car
expenses in excess of $750 per person allowances periodically and
and out-of-state travel must be recommend adjustments.
approved by the City Council.
Allowable Expenses
Travel to cities in the border states of
Washington and the Canadian border Meals:
shall not be considered "out-of-State" Meal per diem payment will include
for purposes of this policy. Examples tax and gratuity. Refer to the IRS
include Portland and Astoria, Oregon; travel reimbursement schedule by
Cour d'Alene, Idaho; Victoria and location, provided by Finance, which
Vancouver, British Columbia. shall be amended as the IRS adjusts
the rates. In the event travel is less
Reimbursement for Expenses: than one day, the per diem payment
- will be pro-rated 25% for breakfast,
Travel expenses in excess of those 25% for lunch, and 50°,4 for dinner. To
received in advance, will be paid to qualify for meal allowance, the
employees upon submission of the employee must be on City business
approved travel request/expense form. outside the Port Angeles area (30-mile
Travel expenses which the employee radius) during regular meal hours.
cannot document with receipts or
other appropriate verification will not If an employee is attending a meeting
be approved for reimbursement or conference where meals are
(excluding meals), included, reimbursement for substitute
51 Eft. 1/98
11.01 Travel Policy (Con't) Employees authorized to use City
vehicles shall operate the vehicle in a
meals will not be allowed and the per safe, courteous, and efficient manner
diem will be reduced accordingly, and shall conform to all State and local
laws governing the use and operation
Lodging: of a motor vehicle.
Lodging reimbursement rates will be
based upon the IRS rates by location. City vehicles may not be operated if
The FinanceDepartmentpublishesthe the employee has consumed any
rates annually. Tax is in addition to amount of alcoholic beverages or is
these IRS rates. Exceptions to these under the influence of any drug which
rates require advanced City Manager may impair one's ability to operate the
approval, vehicle safely. It is the responsibility
of the employee t~o notify his
Airline Tickets: supervisor of any possible impairment,
Airline tickets will be purchased in the so he/she does not operate equipment.
most cost-effective manner. Each
Department will be responsible for Any accident or injury resulting from
placing reservations and notifying the the operation of a City vehicle shall be
Finance Departmentto make payment, reported as soon as possible by
with a copy of the invoice, notifying the employee's supervisor of
the incident, as well as completing the
Ferry_ Fees and Taxi Fares: necessary accident report forms
These expenses will be reimbursed on obtained from the employee's
the basis of receipts. Ferry tickets supervisor.
should be requested in advance from
the Finance Department. Gas Credit Cards:
VEHICLE USE POLICY The use of City gasoline credit cards is
permitted only for City-owned
General City_ Vehicle Policy: vehicles. Gasoline credit cards may be
checked out for out-of-town travel
City vehicles may only be used by from the Finance Department. The
employees for City-business. The employee shall keep receipts of all
Department Head is responsible to expenses charged on the credit eat'ds
ensure compliance with this vehicle use and turn these in when returning the
policy. An employee may be assigned credit card.
a vehicle on a regular basis or for
special needs due to work load After-Hours City Vehicle Use for
changes, seasonal or weather Employees Subject to Call Back:
conditions that require an additional
vehicle to provide services. The Department Head shall determine
whether an employee takes home an
52 Eft. 1/98
11.01 Vehicle Use Policy (Con't) from the employee's supervisor. An
employee assigned a City vehicle for
assigned vehicle or has the employee after-hours use on a regular basis may
report to a City facility to pick up the use the vehicle for an occasional
vehicle for after-hours use. This convenience incidental to the
determination shall be based upon: performance of the official duties, i.e.,
incidental use of the vehicle for
a) /he frequency of the call-outs personal business, or making a
(average of once per month); personal stop during a business trip.
b) The person performs after Family members may not be
hours emergency services; transported in a City vehicle.
c) It is the most efficient method Reimbursement for Employees Using
of operation in performing the Their Private Vehicles:
services during the after-hours
work. Employees are encouraged to use a
City vehicle for City business
d) The employee must use the whenever possible. However, an
vehicle to respond directly to employee may be authorized to use
the call-out scene, his/her private vehicle for conducting
City business as determined by the
In January of each year, the Department Head. If a City vehicle is
Department Head shall submit to the not available, reimbursement for
City Managerforhisapproval, a list of mileage shall be based upon the
employees to be assigned a City Internal Revenue Service mileage
vehicle for at~er-hours use on a regular reimbursement rate. In the event the
basis. If there is any change from the employee prefers to use his/her private
previous years' assignment, vehicle for out-of-tom travel in lieu of
justification for the assignment shall be an available City vehicle, the employee
provided. Assignment of an after- shall receive prior Department Head
hours use vehicle for seasonal or other approval to be reimbursed for mileage
fluctuations in work load on a at theCity'sEquipmentServicesrate.
temporary basis does-not require City
Manager approval if such assignment If an employee is authorized to use
is less than 90 days. his/her private vehicle for City
business, it is the responsibility of the
Non-City Employee Transportation: Department Head to ensure the
employee has a valid driver's license
An employee may transport non-City and vehicle insurance to protect the
employees in City vehicles during the City in the event of an accident.
execution of City business only. This
action requires advanced approval
53 Eft. 1/98
11.01 Vehicle Use Policy (Con't) Department Head or City Manager at
the same rates as set forth in Travel
General Rule: Policy, Allowable Expenses section.
The personal use of a City-provided
vehicle is taxable to the employee.
"Personal use" includes commuting, as
well as local and out-of-town personal
travel.
Record Keeping Requirements:
Employees must keep records for
business and personal miles driven in -
City-provided vehicles. Record
keeping procedures shall be prescribed
by the Finance Department.
For specific IRS regulations on record-
keeping and vehicle taxation, see the
Finance Department.
RECRUITMENT EXPENSES
The City Manager may authorize
reimbursement or the payment of
certain expenses for candidates
interviewed for Department Head
positions. Such expenses include
reasonable costs for transportation,
lodging, and meals.
Expenses incurred by_City employees
participating in the selection process
shall also be reimbursed, including
meals and expenses directly related to
assisting and evaluating the candidates,
as approved by the City Manager.
BUSINESS MEALS
Meal expenses for employees on
official City business within the Port
Angeles area may be eligible for
reimbursement with approval by the
54 Eft. 1/98
42.17.790 Title 42 RCW: Public Officers and Agencies
organization. A contribution solicited for or received on 42.17.940 Repealer--1973 c 1. Chapter 9, Laws of
behalf of the candidate for public office is considered 1965, as amended by section 9, chapter 150, Laws of 1965
solicited or received for the candidacy for which the individ- ex. sess., and RCW 29.18.140; and chapter 131, Laws of
ual is then a candidate if the contribution is solicited or 1967 ex. sess. and RCW 44.64 [chapter 44.64 RCW]; and
received before the general elections for which the candidate chapter 82, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and
for public office is a nominee or is unopposed. Referendum Bill No. 24; and chapter 98, Laws of 1972
(2) With the written approval of the contributor, a (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 25 are
candidate for public office or the candidate's political each hereby repealed. [1973 c 1 § 50 (Initiative Measure
committee may use or permit the use of contributions, No. 276, approved November 7, 1972).]
whether or not surplus, solicited for or received by the
candidate for public office or the candidate's political 42.17.945 Construction--1975-'76 2nd ex.s. c 112.
committee from that contributor to further the candidacy of The provisions of this 1976 amendatory act are intended to
the individual for an office other than the office designated be remedial and shall be liberally construed, and nothing in
on the statement of organization. If the contributor does not this 1976 amendatory act shall be construed to limit the
approve the use of his or her contribution to further the power of the commission under any other provision of
candidacy of the individual for an office other than the office chapter 42.17 RCW. [I 975-'76 2nd ex.s. c 112 § 15.]
designated on the statement of organization at the time of the
contribution, the contribution must be considered surplus 42.17.950 Captions. Section captions and part
funds and disposed of in accordance with RCW 42.17.095. headings used in this act do not constitute any part of the
[1995 c 397 § 27; 1993 c 2 § 19 (Initiative Measure No. law. [1993 c 2 § 34 (Initiative Measure No. 134, approved
134, approved November 3, 1992).] November 3, 1992).]
TECHNICAL PROVISIONS 42.17.955 Short titl~1993 e 2. This act may be
known and cited as the Fair Campaign Practices Act. [1993
42.17.900 Effective date---1973 e 1. The effective c 2 § 36 (Initiative Measure No. 134, approved Novemb~ 3,
date of this act shall be January 1, 1973. [1973 c I § 49 1992).]
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.960 Effective dat~1995 c 397. Sections i
42.17.910 Severability--1973 c 1. If any provision through 32, 34, and 37 of this act are necessary for the
of this act or its application to any person or circumstance is immediate preservation of the public peace, health, or safety,
held invalid, the remainder of the act, or the application of or support of the state government and its existing public
the provision to other persons or circumstances is not institutions, and shall take effect July 1, 1995. [1995 c 397
affected. [1973 c 1 § 46 (Initiative Measure No. 276, § 35.]
approved November 7, 1972).]
42.17.961 Captions---1995 c 397. Captions as used
42.17.911 Severability--1975 1st ex.s. c 294. If any in chapter 397, Laws of 1995 constitute no part of the law.
provision of this 1975 amendatory act, or its application to [1995 c 397 § 37.]
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons 42.17.962 Severability--1995 c 397. If any provision
or circumstances is not affected. [1975 1st ex.s. c 294 § of this act or its application to any person or circumstance is
29.] held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
42.17.912 Severability--1975-'76 2nd ex.s. c 112. If affected. [1995 c 397 § 38.]
any provision of this 197~ amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other Chapter 42.20
persons or circumstances is not affected. [1975-'76 2nd MISCONDUCT OF PUBLIC OFFICERS
ex.s. c 112 § 16.]
Sections
42.17.920 Construction---1973 c 1. The provisions 42.20.020 Powers may not be delegated for profit.
42.20.030 Inu'usion into and refusal to surrender public office.
of this act are to be liberally construed to effectuate the 42.20.040 False report.
policies and purposes of this act. In the event of conflict 42.20.050 Public officer making false cet'dficate.
between the provisions of this act and any other act, the 42.20.060 Falsely auditing and paying claims.
provisions of this act shall govern. [1973 c I § 47 (Initiative 42.20.070 Misappropriation and falsification of accounts by public
officer.
Measure No. 276, approved November 7, 1972).] 42.20.080 Other violations by officers.
42.20.090 M~Sappropriation, etc., by treasurer.
42.17.930 Chapter, section headings not part of law. 42.20.100 Failure of duty by public officer a misdemeanor.
42.20.110 Improper conduct by certain justices.
Chapter and section captions or headings as used in this act
do not constitute any part of the law. [ 1973 c 1 § 48 Bidding offenses: Chapter 9.18 RCW.
(Initiative Measure No. 276, approved November 7, 1972).] Bribery or corrupt $olicltation prohibited: State Constitution Art. 2 § 30.
[Title 42 RCW---page 48] (1996 Ed.)
Misconduct of Public Officers .Chapter 42.20
Cities shall be guilty of a gross misdemeanor. [1909 c 249 § 84:
optional municipal code, council-manager plan. forfeiture of office .for RRS § 2336.]
rtUsconduct: RCW 35A. 13.020.
optional municipal code. mayor-council plan. forfeiture of office for Impersonating a public officer: RCW 9A.60.040.
misconduct: RCW 35A.12.060. Quo warranto: Chapter 7.56 RCW.
Cities and towns, commission ,form. misconduct of officers and employees:
RCW 35.17.150. 42.20.040 False report. Every public officer who
County commissioners. ~rUsconduct relating to inventories: RCW 36.32.220. shall knowingly make any false or misleading statement in
Count, officers, misconduct: RCW36.18.160. 36.18.170. any official report or statement, under circumstances not
Count, sheri~ misconduct: RCW36.28.140. otherwise prohibited by law, shall be guilty of a gross
County treasurer, suspension.for misconduct: RCW 36.29.090. misdemeanor. [1909 c 249 § 98: RRS § 2350.]
Election q.l?cials, misconduct: Chapter 29.85 RCW.
Flood control district officers, interest in contracts prohibited: RCW 42.20.050 Public officer making false certificate.
86.09.286. Every public officer who, being authorized by law to make
Forfeiture of office upon conviction of felony or malfeasance: RCW
9.92.120. or give a certificate or other writing, shall knowingly make
Free transportation for public officers prohibited: State Constitution Art. and deliver as true such a certificate or writing containing
2 § 39. Art. 12 § 20. any statement which he knows to be false, in a case where
the punishment thereof is not expressly prescribed by law,
Impersonating public officer: RCW 9A.60.040.
shall be guilty of a gross misdemeanor. [1909 c 249 § 128:
Juries, misconduct of public officers concermng: Chapter 9.51 RCW.
Militia, misconduct: Chapter 38.32 RCW RRS § 2380.]
Official misconduct: RCW 9A.80.010.
Penitentiary. employees, misconduct: RCW 72.01.060. 42.20.060 Falsely auditing and paying claims.
Private use of public funds, penal~.: State Constitution Art, I1 § 14. Every public officer, or person holding or discharging the
duties of any public office or place of trust under the state
School fund& failure to turn over: RCW 28A.635.070.
School officials or in any county, town or city, a part of whose duty it is to
disclosing examination questions: RCW 28A.635.040. audit, allow or pay. or take part in auditing, allowing or
grafting: RCW28A.635.050. paying, claims or demands upon the state or such county,
School teachers town or city, who shall knowingly audit, allow or pay, or,
failure to dt~Playflag: RCW 28~A.230.140. directly or indirectly, consent to or in any way connive at the
failure to enforce rules: REW28A.405.060. auditing, allowance or payment of any claim or demand
revocation or suspension of certificate or permit to teach--investigation against the state or such county, town or city, which is false
by superintendent of public instruction--inundator, revocation .tbr
crimes against children: RCW 28A.410.090. or fraudulent or contains any charge, item or.claim which is
State and judicial officers, impeachment: State Constitution Art. 5. false or fraudulent, shall be guilty of a gross misdemeanor.
State treasurer, embezzlement: RCW43.08.140. [1909 C 249 § 129: RRS § 2381.]
Subversive activities, disqualification from holding public office: RCW
o.8t.o~o. 42.20.070 Misappropriation and falsification of
Township officers not to be interested in contracts: RCW 45.16.110, accounts by public officer. Every public officer, and every
Utilities and transportation comnUSsion members and employees, interest in other person receiving money on behalf or for or on account
regulated compames prohibited: RCW 80.01.020. Of the people of the state or of any department of the slate
government or of any bureau or fund created by law in
42.20.020 Powers may not be delegated for profit, which the people are directly or indirectly interested, or for
Every public officer who, for any reward, consideration or or on account of any county, city, town, or any school,
gratuity paid or agreed to be paid, shall, directly or indirect- diking, drainage, or irrigation district, who:
ly, grant to another the right or authority to discharge any (1) Shall appropriate to his or her own use or the use of
function of his office, or permit another to perform any of any person not entitled thereto, without authority of law, any
his duties, shall be guilty of a gross misdemeanor. [1909 c money so received by him or her as such officer or other-
249 § 83; RRS § 2335.] wise: or
Reviser's note: Caption for 1909 c 249 § 83 reads as follows: ~Sec. (2) Shall knowingly keep any false account, or make
83. Grant of Official Powers.' any false entry or erasure in any account, of or relating to
any money so received by him or her; or
42.20.030 Intrusion into and refusal to surrender (3) Shall fraudulently alter, falsify, conceal, destroy or
public office. Every person who shall falsely personate or obliterate any such account; or
represent any public officer, or who shall wilfuily intrude (4) Shall willfully omit or refuse to pay over to the
himself into a public office to which he has not been duly state, its officer or agent authorized by law to receive the
elected or appointed, or who shall wiifully exercise any of same, or to such county, city, town, or such school, diking,
the functions or perform any of the duties of such officer, drainage, or irrigation district or to the proper officer or
without having duly qualified therefor, as required by law. authority empowered to demand and receive the same, any
or who, having been an executive or administrative officer, money received by him or her as such officer when it is a
shall wilfully exercise any of the functions of his office after duty imposed upon him or her by law to pay over and
his right to do so has ceased, or wrongfully refuse to account for the same,
surrender the official seal or any books or papers appertain- shall be punished by imprisonment in a state correctional
lng to such office, upon the demand of his lawful successor, facility for not more than fifteen years. [1992 c 7 § 37;
(1996 Ed.) [Title 42 R(2W---page 49]
42.20.070 Title 42 RCW: Public Officers and Agencies
1909 c 249 § 317; RRS § 2569. Prior: Code 1'881 § 890; municipal officers, as defined in *this act, in conflict with
1873 p 202 § 92; 1854 p 91 § 83.] the proper performance of their duties in the public interest;
and to promote the efficiency of local government by
42.20.080 Other violations by officers. Every officer prohibiting certain instances and areas of conflict while at
or other person mentioned in RCW 42.20.070. who shall the same time sanctioning, under sufficient controls, certain
wilfully disobey any provision of law regulating his official other instances and areas of conflict wherein the private
conduct in cases other than those specified in said section, interest of the municipal officer is deemed to be only re-
shall be guilty of a gross misdemeanor. [1909 c 249 § 318; mote, to the end that, without sacrificing necessary public re-
sponsibility and enforceability in areas of significant and
RRS § 2570.] clearly conflicting interests, the selection of municipal
officers may be made from a wider group of responsible
42.20.090 Misappropriation, etc., by treasurer.
citizens of the communities which they are called upon to
Every state, county, city, or town treasurer who willfully
misappropriates any moneys, funds, or securities received by serve. [1961 c 268 § 2.]
or deposited with him or her as such treasurer, or who shall *Reviser's note: This act [1961 c 2681 is codified as RCW
28A.58.310, 35.17.150, 35.17.160, 35.23.230, 42.22.030, and 42.23.010
be guilty of any other malfeasance or willful neglect of duty through 42.23.060.
in his or her office, shall be punished by imprisonment in a
state correctional facility for not more than five years or by 42.23.020 Definitions. For the purpose of *this act:
a fine of not more than five thousand dollars. [1992 c 7 § (1) "Municipality" shall include all counties, cities,
38; 1909 c 249 § 319; RRS § 2571.] towns, districts, and other municipal corporations and quasi
Count. treasurer, suspension for misconduct: RCW 36.29.090. municipal corporations organized under the laws of the state
State treasurer, embezzlement: RCW 43.08.140. of Washington;
(2) "Municipal officer" and "officer" shall each include
42.20.100 Failure of duty by public officer a all elected and appointed officers of a municipality, together
misdemeanor. Whenever any duty is enjoined by law upon with all deputies and assistants of such an officer, and all
any public officer or other person holding any public trust or persons exercising or undertaking to exercise any of the
employment, their wilful neglect to perform such duty, ex- powers or functions of a municipal officer;
cept where otherwise specially provided for. shall be a (3) "Contract" shall include any contract, sale, lease or
misdemeanor. [1909 c 249 § 16; RRS § 2268. Prior: Code purchase;
1881 § 889; 1854 p 90 § 82.] (4) "Contracting party" shall include any person,
Official nUsconduct by. public sen'ant: RCW 9A.80.010. partnership, association, cooperative, corporation, or other
business entity which is a party to a contract with a munici-
42.20.110 Improper conduct by certain justices. It pality. [1961 c 268 § 3.]
shall be a misdemeanor for any judge or justice of any court *Reviser's note: For meaning of "this act," see note following RCW
not of record, during the hearing of any cause or proceeding 42.23.010.
therein, to address any person in his presence in unfit,
unseemly or improper language. [1911 c 115 § l; RRS § 42.23.030 Interest in contracts prohibited--
2696-1.] Exceptions. No municipal officer shall be beneficially
interested, directly or indirectly, in any contract which may
be made by, through or under the supervision of such
Chapter 42.23 officer, in whole or in part, or which may be made for the
CODE OF ETHICS FOR MUNICIPAL OFFICERS-- benefit of his or her office, or accept, directly or indirectly,
CONTRACT INTERESTS any compensation, gratuity or reward in connection with
such contract from any other person beneficially interested
Sections - therein. This section shall not apply in the following cases:
42.23.010 Declaration of purpose. (1) The furnishing of electrical, water or other utility
42.23.020 Definitions. services by a municipality engaged in the business of
42.23.030 interest in contracts prohibited--Exceptions.
42.23.040 Remote interests, furnishing such services, at the same rates and on the same
42.23.0:50 Prohibited contracts void--Penalties for violation of chapter, terms as are available to the public generally;
42.23.060 City charter paramount to act. (2) The designation of public depositaries for municipal
,~2.23.070 Prohibited acts. funds:
Cities (3) The publication of legal notices required by law to
free passes, services prohibited: R CW 35.17.150.
political activities by officers and employees forbidden: REW 35.17.160. be published by any municipality, upon competitive bidding
County officers, general provisions: Chapter 36.16 RCV}'. or at rates not higher than prescribed by law for members of
' the general public;
Ethics in public service act: Chapter 42.52 RCW. (4) The designation of a school director as clerk or as
Public employment, civil service: Title 41 RCW. both clerk and purchasing agent of a school district;
State officers, general provisions: Chapter 43.01 REV}'. (5) The employment of any person by a municipality,
other than a county with a population of one hundred
42.23.010 Declaration of purpose. It is the purpose twenty-five thousand or more, a city of the first or second
and intent of this chapter to revise and make uniform the class, an irrigation district encompassing in excess of fifty
laws of this state concerning the transaction of business by thousand acres, or a first class school district, for unskilled
ITitle 42 RCW-~page 50] 0996 Ed.)
Code of Ethics for Municipal Office~Contract Interests 42.23.030
day labor at wages not exceeding one hundred dollars in any assumes office: PROVIDED, That the terms of such
calendar month; contract shall be commensurate with the pay plan or collec-
(6) The letting of any other contract (except a sale or rive bargaining agreement operating in the district. [1996 c
lease as seller or lessor) by a municipality, other than a 246 § 1. Prior: 1994 c 81 § 77; 1994 c 20 § 1; 1993 c 308
county with a population of one hundred twenty-five § l; 1991 c 363 § 120; 1990 c 33 § 573; 1989 c 263 § 1;
thousand or more, a city with a population of ten thousand 1983 1st ex.s. c 44 § 1; prior: 1980 c 39 § l; 1979 ex.s. ~
or more, or an irrigation district encompassing in excess of 4 § 1; 1971 ex.s. c 242 § 1:1961 c 268 § 4.]
fifty thousand acres: PROVIDED, That the total volume of Purpose~Captions not law--1991 c 363: See notes following RCW
business represented by such contract or contracts in which 2.32.180.
a particular officer is interested, singly or in the aggregate, Purpose--Statutory references---Severability--1990 c 33: Sec
as measured by the dollar amount of the municipality's lia- RCW 28A.900.100 through 28A.900.102.
bility thereunder, shall not exceed seven hundred fifty dollars Severabilitym1989 c 263: "If any provision of this act or its
in any calendar month: PROVIDED FURTHER, That in the application to any person or circumstance is held invalid, the remainder of
the act or the application of thc provision ~o other persons or circumstances
case of a particular officer of a second class city or town, or is not affected." [1989 c 263 § 3.]
a noncharter optional code city, or a member of any county Severability--1980 c 39: "If any provision of this amendator? act or
fair board in a county which has not established a county its application to any person or circumstance is held invalid, thc remainder
purchasing department pursuant to RCW 36.32.240, the total of the act or the application of the provision to other persons or circum-
volume of such contract or contracts authorized in this stances is not affected." [1980 c 39 § 3.]
subsection may exceed seven hundred fifty dollars in any
calendar month but shall not exceed nine thousand dollars in 42.23.040 '- Remote interests. A municipal officer
any calendar year: PROVIDED FURTHER, That there shall shall not be deemed to be interested in a contract, within the
be public disclosure by having an available list of such pur- meaning of RCW 42.23.030, if he has only a remote interest
chases or contracts, and if the supplier or contractor is an in the contract and if the fact and extent of such interest is
official of the municipality, he or she shall not vote on the disclosed to the governing body of the municipality of which
authorization: PROVIDED FURTHER, That in the case of he is an officer and noted in the official minutes or similar
a first class school district, there shall be notice of the records of the municipality prior to the formation of the
proposed contract by publication given in one or more contract, and thereafter the governing body authorizes, ap-
newspapers of general circulation within the district; proves, or ratifies the contract in good faith by a vote of its
(7) The leasing by a port district as lessor of port membership sufficient for the purpose without counting the
district property to a municipal officer or to a contracting vote or votes of the officer having the remote interest. As
party in which a municipal officer may be beneficially used in this section "remote interest" means:
interested, if in addition to all other legal requirements, a (l) That of a nonsalaried officer of a nonprofit corpora-
board of three disinterested appraisers, who shall be appoint- tion;
ed from members of the American institute of real estate (2) That of an employee or agent of a contracting party
appraisers by the presiding judge of the superior court in the where the compensation of such employee or agent consists
county where the property is situated, shall find and the entirely of fixed wages or salary;
court finds that all terms and conditions of such lease are (3) That of a landlord or tenant of a contracting party;
fair to the port district and are in the public interest; (4) That of a holder of less than one percent of the
(8) The letting of any employment contract for the shares of a corporation or cooperative which is a contracting
driving of a school bus in a second class school district: party.
PROVIDED, That the terms of such contract shall be None of the provisions of this section shall be applica-
commensurate with the pay plan or collective bargaining ble to any officer interested in a contract, though his interest
agreement operating in the district; be only remote, who influences or attempts to influence any
(9) The letting of any employment contract to the other officer of the municipality of which he is an officer to
spouse of an offi'cer of a second class school district in enter into the contract. [1961 c 268 § 5.]
which less than two hundred full time equivalent students are
enrolled at the start of the school year as defined in RCW 42.23.050 Prohibited contracts void--Penalties for
28A. 150.040, when such contract is solely for employment violation of chapter. Any contract made in violation of the
as a certificated or classified employee of thc school district, provisions of *this act shall be void and the performance
or the letting of any contract to the spouse of an officer of thereof, in full or in part, by a contracting party shall not be
a school district, when such contract is solely for employ- the basis of any claim against the municipality. Any office'
ment as a substitute teacher for the school district: PRO- violating the provisions of *this act shall be liable to th,
VIDED, That the terms of such contract shall be commensu- municipality of which he is an officer for a penalty in the
rate with the pay plan or collective bargaining agreement amount of three hundred dollars, in addition to such other
applicable to all district employees and the board of directors civil or criminal liability or penalty as may otherwise be
has found, consistent with the written policy under RCW imposed upon him by law.
28A.330.240, that there is a shortage of substitute teachers In addition to all other penalties, civil or criminal, the
in the school district; violation by any officer of the provisions of *this act shall
(10) The letting of any employment contract to the work a forfeiture of his office. [1961 c 268 § 6.]
spouse of an officer of a school district if the spouse was *Reviser's note: For meaning of "this act." see note following RCW
under contract as a certificated or classified employee with 42.23.010.
the school district before the date in which the officer
~1996 Ed.) [Title 42 RCW---page 51]
42.23.060 Title 42 RCW: Public Officers and Agencies
42.23.060 City charter paramount to act. If any municipal corporations which are expressly or by necessary
provision of *this act conflicts with any provision of a city implication authorized to subscribe to magazines or other
charter, the city charter shall control. [196l c 268 § 16.] periodical publications or books or to purchase postage or
*Reviser's note: For meaning of "this act." see note following RCW publications from the United States government or any other
42.23.010. publisher may make payment of the costs of such purchases
in a manner as consistent as possible and practicable with
42.23.070 Prohibited acts. (1) No municipal officer normal and usual business methods, and in the case of
may use his or her position to secure special privileges or subscriptions, for periods not in excess of three years. [1975
exemptions for himself, herself, or others. 1st ex.s. c 72 § 1; 1963 c 116 § 1.]
(2~ No municipal officer may, directly or indirectly, give
or receive or agree to receive any compensation, gift. 42.24.070 State agenci~Budget and accounting
reward, or gratuity from a source except the employing system. See chapter 43.88 RCW.
municipality, for a matter connected with or related to the
officer's services as such an officer unless otherwise 42.24.080 Municipal corporations and political
provided for by law. subdivisions~Claims against for contractual pul'poses~
(3) No municipal officer may accept employment or Auditing and payment--Forms--Authentication and
engage in business or professional activity that the officer certification. All claims presented against any county, city,
might reasonably expect would require or induce him or her district or other municipal corporation or political subdivi-
by reason of his or her official position to disclose con- sion by persons furnishi_ng materials, rendering services or
fidential information acquired by reason of his or her official performing labor, or for any other contractual purpose, shall
position, be audited, before payment, by an auditing officer elected or
(4) No municipal officer may disclose confidential appointed pursuant to statute or, in the absence of statute, an
information gained by reason of the officer's position, nor appropriate charter provision, ordinance or resolution of the
may the officer otherwise use such information for his or her municipal corporation or political subdivision. Such claims
personal gain or benefit. [1994 c 154 § 121.] shall be prepared for audit and payment on a form and in the
Parts and captions not lawtEffective date~Severability--1994 c manner prescribed by the state auditor. The form shall
154: See RCW 42.52.902. 42.52.904. and 42.52.905. provide for the authentication and certification by such
auditing officer that the materials have been furnished, the
Chapter 42.24 services rendered or the labor performed as described, and
that the claim is a just, due and unpaid obligation against the
PAYMENT OF CLAIMS FOR EXPENSES, municipal corporation or political subdivision: and no claim
MATERIAL, PURCHASES~ADVANCEMENTS shall be paid without such authentication and certification:
Sections PROVIDED, That the certificates as to claims of officers
42.24.035 Payment for postage, books, and periodicals, and employees of a county, city, district or other municipal
42.24.070 state agencies--Budget and accounting system, corporation or political subdivision, for services rendered,
42.24.080 Municipal corporations and political subdivisions----Clainxq shall be made by the person charged with the duty of
agmnst for contractual purposes--Auditing and pay- preparing and submitting vouchers for the payment of
merit--Forms--Authentication and certification, services, and he or she shall certify that the claim is just,
42.24.090 Municipal corporations and political subdivisions--
Reimbursement claims by officers and employees, true and unpaid, which certificate shall be part of the
42.24.10o Municipal corporations and political subdivisions-- voucher. [1995 c 301 § 72:1965 c 116 § I.]
Certificates need not be sworn--Penalty for false claim.
42.24.110 Municipal corporations and political subdivisions--
Approving or paying false claim--Penalties. 42.24.090 Municipal corporations and political
42.24.115 Municipal corporations and political subdivisions---Charge subdivisions--Reimbursement claims by officers and
cards for office, rs' and employees' travel expenses, employees. No claim for reimbursement of any expendi-
42.24.120 Advancements for travel expenses--Municipal corporation tures by officers or employees of any municipal corporation
or political subdivision officers and employees.
42.24.130 Advancements for travel expenses--Revolving fund. or political subdivision of the state for transportation,
42.24.140 Advancements for travel expenses--Provision to assure lodging, meals or any other purpose shall be allowed by any
repayment, officer, employee or board charged with auditing accounts
42.24.150 Advancements for travel expenses--Travel expense voucher, unless the same shall be presented in a detailed account:
42.24.160 Advancements for travel expenses--Purpose--Not personal PROVIDED, That, unless otherwise authorized by law, the
loan.
.t,2.24.170 Expenditures by special purpose districts to recruit job can- legislative body of any municipal corporation or political
didates--Reimbursement for travel expenses, subdivision of the state may prescribe by ordinance or
42.24.180 Taxing district--issuance of warrants or checks before ap- resolution the amounts to be paid officers or employees
proval by legislative body--Conditions, thereof as reimbursement for the use of their personal auto-
Count. au&tor: Chapter 36.22 RCW. mobiles or other transportation equipment in connection with
State auditor: Chapter 43.09 RCW. officially assigned duties and other travel for approved
public purposes, or as reimbursement to such officers or
42.24.035 Payment for postage, books, and periodi- employees in lieu of actual expenses incurred for lodging,
cals. Notwithstanding the provisions of chapter 42.24 RCW meals or other purposes. The rates for such reimbursements
or any other existing statute, school districts and other public may be computed on a mileage, hourly, per diem, monthly,
agencies including but not limited to state agencies and or other basis as the respective legislative bodies shall
[Title 42 RCW---page 52] (1996 Ed.)