HomeMy WebLinkAbout11-14 RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington,amending the Personnel Policy and Procedures Manual in its
entirety,in compliance with current laws,rules,regulations,and practices.
WHEREAS the City's Personnel Policies and Procedures Manual was last updated in
2006; and
WHEREAS,the City desires to update its Personnel Policies and Procedures Manual to
comply with changes to employment law and regulations, 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 in its entirety as outlined in the attached Exhibit"A".
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 20" day Y of May, 2014.
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ATTEST: APPROVED AS TO FORM:
Ja e sa Hurd, City Clerk William E. Bloor, City Attorney
HAa ORDINANCES&RESOLUTIONS\RESOLUTIONS.2014\13-Personnel Manual Revisions.wpd
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CITY OF PORT ANGELES
PERSONNEL POLICY & PROCEDURES MANUAL
Revised June 2014
Human Resources Office
City Hall
321 E. 5th Street
Port Angeles, Washington, 98362
3.06 New Employee Orientation 27
3.07 Performance Evaluations 27
3.08 Hiring of Former Employees 28
3.09 Adjustment of Hire Date 28
3.10 Personnel Records 28
3.11 Other Employment 29
3.12 Temporary Modified or Light Duty 29-30
CHAPTER 4 - PERSONNEL ACTIONS
4.00 Personnel Action Forms 31
4.01 Resignation in Good Standing 31
4.02 Reclassifications 31
4.03 Lay-Off Procedures 32
4.04 Retirement 33
4.05 Separation of Employment 33
CHAPTER 5 - SALARY ADMINISTRATION
5.00 Salary Structure 33
5.01 Salary Steps 33
5.02 Eligibility for Salary Increases 33-34
5.03 Payroll Deductions 34
5.04 Pay Days 34
5.05 Overtime Pay 34
5.06 Work on a Holiday 35
5.07 Higher Class Pay 35
5.08 Compensatory Time Off 35
CHAPTER 6 -ATTENDANCE & HOURS OF WORK
6.00 Hours of Work 36
6.01 Attendance 36
6.02 Rest Periods & Meal Periods 36
6.03 Reporting of Work Hours (time card) 36
CHAPTER 7 - LEAVES OF ABSENCE
7.00 Vacation 37
7.01 Sick Leave 37-38
7.02 Military Leave 38-41
7.03 Jury Duty 41
7.04 Holidays 41-42
7.05 Family Leave & Other Types of Leave of Absence 42-50
7.06 Leave of Absence Without Pay 50-51
7.07 Donation of Paid Leave Time 51-52
CHAPTER 8 —WORKERS COMPENSATION
8.00 Purpose 52
8.01 Reporting of Accidents in City Vehicles & Equipment 53
8.02 Reporting On-The-Job Injuries 53-54
8.03 Employee Responsibility 54
8.04 Suspension or Revocation of Drivers License 55
8.05 Prevention of Workplace Violence 55-56
CHAPTER 9 — STANDARDS OF EMPLOYEE CONDUCT & DISCIPLINE
9.00 Purpose 57
9.01 Representation 57
9.02 Right of Appeal 57
9.03 Causes for Disciplinary Action 58-59
CHAPTER 10 — SUBSTANCE ABUSE & DRUG TESTING 59-60
CHAPTER 11 — COMPLAINT RESOLUTION PROCEDURE
11.00 Purpose 60
11.01 Exclusions 60
11.02 Time Limits for Filing 61
11.03 Right of Representation 61
11.04 Formal Complaints. 61
CHAPTER 12 — TRAVEL, VEHICLE USE, & REIMBURSEMENT POLICY
12.00 Travel Policy 61-64
12.01 Vehicle Use Policy 64-66
12.02 Recruitment Expenses 66
12.03 Payment of Meals for City Business 66
12.04 Tuition Reimbursement 66-67
Acknowledgement Page for Employee to Sign 68
CHAPTER 1 - PURPOSE, APPLICABILITY, AND DEFINITIONS
1.00 PURPOSE
The Personnel Policies and Procedures Manual for the City of Port Angeles are established
by the City to:
A. Provide a uniform system of personnel administration
B. Support a fair and equitable process for recruitment, selection, placement, promotion,
and separation of City employees in compliance with applicable State and Federal laws and
regulations;
C. Assist supervisors and managers in the development and implementation of proper
practices and procedures concerning the administration of human resources within the City
Departments; and
1.01 APPLICATION
Except where specifically indicated, these Policies and Procedures apply to all regular full-
time and regular part-time employees of the City of Port Angeles, as well as to probationary
employees. These Policies/Procedures supersede any previous personnel resolutions,
policies, and procedures relating to the same subjects.
1.02 CONFLICTS WITH LABOR AGREEMENTS
In specific instances where these Policies and Procedures may conflict with terms or
conditions of a labor agreement, the labor agreement shall prevail.
1.03 CITY'S RIGHT TO ESTABLISH, AMEND, OR REPEAL
The City reserves the exclusive right to repeal, modify, or amend any portion or all of these
Personnel Policies and Procedures at any time and with any such changes to take effect
immediately, with or without notice, subject to approval of the City Council by Resolution.
The Human Resources Manager shall be responsible for interpretation of these Policies and
Procedures. If provisions under law change, the statutory and common laws supersede
these policies.
1.04 DEFINITIONS
Anniversary Date: The date of first hire by the City in a regular full-time or regular part-time
position, including the employee's probationary period.
Appointing Authority: The City Manager or Department Directors authorized to hire or
remove an employee from City employment.
Bargaining Unit: A group of classifications represented by a labor union.
City Service: The amount of time employed by the City in a regular full-time or regular part-
time position (e.g., total City service used for computing vacation accrual).
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Classification: A position or group of positions sufficiently similar in nature, duties and
responsibilities, knowledge, abilities and skills, and qualifications to permit combining them
within a single job title for purposes of wages and hiring procedures.
Classification Seniority: The amount of time employed by the City in a regular full-time or
regular part-time position within a classification (e.g., class seniority used for lay-off
procedures).
Cost of Living Adjustment (C.O.L.A.): An across-the-board change in the salary range of a
classification authorized by the City Council and negotiated through the collective bargaining
process. This excludes salary changes resulting from merit increases, market adjustments,
decreases from disciplinary actions, or other similar salary changes.
Demotion: The assignment of an employee, voluntarily or involuntarily, to a classification
having a lower maximum salary.
Disciplinary Action: The action taken by the City relative to unsatisfactory performance or
resulting from action by an employee in violation of an established standard, rule, procedure,
law, or other legitimate reason, including, but not limited to, verbal reprimand, written
reprimand, suspension, demotion, or dismissal of employment.
Dismissal: The termination of employment by the City of an employee.
Employer: The City of Port Angeles, a municipal corporation of the State of Washington.
Employment Status: An employee's status consists of two components; First an employee
is regular, temporary, probationary, or seasonal. Second an employee is also full-time or
part-time.
Merit Salary Increase: An salary increase based upon satisfactory performance, as
recommended by the Department Director and approved by the City Manager and Human
Resources.
Non-Represented Employees: Employees of the City not represented by a labor union.
Personnel File: The official record of employment maintained in the Human Resources
Office, for each employee..
Position: A single job consisting of various tasks, duties and responsibilities assigned to an
employee.
Promotion: The assignment of an employee to a position having a higher salary range.
Represented Employees: Employees of the City who are lawfully represented by a labor
union, recognized by the City.
Salary: Base wage, monthly, bi-weekly, or hourly, paid to an employee.
Salary Range: The approved range of wages for each classification, starting with a minimum
pay with equal step increments up to a maximum rate of pay.
Salary Step: An established increment of pay within the salary range for a classification.
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.
1.05 TYPE OF EMPLOYMENT STATUS
Nothing in these Personnel Policies are to be construed to create an employment contract.
A. Probationary Status: The initial period of employment, which is considered a
continuation of the selection process, in which the employee's work is evaluated. During this
period, the employee may be dismissed at any time, with or without cause, and is not subject
to an appeal procedure.
B. Regular Status: The period of employment after completion of the probationary
period.
C. Regular Full-Time: A position budgeted and authorized to work at least 2,080 hours
per year on a regular basis.
D. Career Part Time A position budgeted and authorized to work less than 40 hours per
week on a regular basis that is eligible to receive pro-rated paid leave and benefits.
C. Temporary: A position authorized to work on a temporary basis including , a special
project , grant funded program, during peak workloads, to fill a position during recruitment, or
other similar work with a limited period of time Employment may be for 40 hours per
workweek for temporary periods or"on call" as needed. Employees in this category do not
accrue any benefits or employment status with the City and may be dismissed at any time,
with or without cause, and is not subject to appeal procedures.
CHAPTER 2 - GENERAL WORK RULES
2.00 EQUAL EMPLOYMENT OPPORTUNITY
The City treats all applicants and employees equally and without regard to race, religion,
creed, color, national origin, sex, age, marital status, sexual orientation, veteran status,
disability, sexual orientation, genetic information or other basis prohibited by State or Federal
law.
The City will make positive effort to attract, hire, and retain qualified candidates who are
within recognized minority groups, females, veterans, disabled persons, or candidates within
other protected status through Federal and/or State law. This process includes providing
recruitment notices to State veterans' offices, Employment Security, as well as to local
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Native tribes, to recruit candidates.
The City will also promote advancement of qualified employees within these groups through
internal efforts when possible. The City provides reasonable accommodation to qualified
disabled employees as required by law.
It is also the City's policy to foster and maintain a nondiscriminatory work environment for all
employees.
Any employee who believes he/she has been or is the victim of discriminatory treatment
shall bring this concern immediately to the attention of the Department Director and the
Human Resources Manager for investigation and appropriate action.
2.01 WORKPLACE HARASSMENT
Every employee has the right to work in an environment free from harassment. Harassment
of any employee on the basis of his or her race, religion, color, national origin, age, sex,
sexual orientation, marital status, genetic information or the presence of any physical,
mental, or sensory disability is a serious violation of City policy and state and federal laws
and will not be tolerated.
HARASSMENT DEFINED: Harassment is unwelcome conduct based on a legally protected
class characteristic and can take many forms, including demeaning or racial slurs, offensive
comments, jokes, innuendos, unwelcome compliments, epithets or name-calling,
intimidation, offensive pictures or cartoons, pranks, ridicule or mockery, insults or putdowns,
or other verbal or physical conduct or threats and which: (1) has the purpose or effect of
creating an intimidating, hostile, or offensive working environment to reasonable people; (2)
has the purpose or effect of unreasonably interfering with an individual's work performance;
or (3) otherwise unreasonably affects an individual's tangible employment opportunities.
Petty slights, annoyances, and isolated incidents ordinarily do not constitute illegal workplace
harassment. Harassment from supervisors, co-workers, customers and contractors is
prohibited in the workplace.
SEXUAL HARASSMENT DEFINED: Sexual harassment is a type of harassment and occurs
when the types of verbal and physical conduct described above is sexual in nature or is
gender-based, i.e., directed at a person because of their gender. Sexual harassment exists
in the workplace when: (1) submission to the conduct is either explicitly or implicitly a
tangible term, condition or privilege of employment; (2) Submission to or rejection of the
conduct is used as the basis of an employment decision affecting such individual; or (3) the
conduct unreasonably interferes with the individual's job performance or creates a work
environment that is intimidating, hostile, or offensive to reasonable people.
Sexual harassment can include: unwelcome verbal behavior such as comments,
suggestions, jokes or derogatory remarks based on sex; physical behavior such as pats,
squeezes, repeatedly brushing against someone's body, or impeding or blocking normal
work or movement; visual harassment such as posting of sexually suggestive or derogatory
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piC[U[eG. C@rtOOOS or drawings, 8VeD at ODB/S VVD[k SfGtOD; VOVV@Oted SeXU@l 8dV@DCeG.
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pressure for sexual favors and/or basing 8FDplOV[De[t d8CiSiDOS (such as an eDOplOV88'G
performance 8V8lU8fiOD8. VVO[k 888igDDl8Ots, or 8dV8DQe[DeOt) UDOO the 8DlplOV88's
acquiescence h0 sexually harassing behavior iO the workplace.
PROCEDURE:COMPLAINT If8D employee feels that s/he O[other employees have been
SUhieCf8d to h@[@S8OleDt of any kind, S/he is eOQOU[2g9d to iDlDlRdi8hBlV identify the
offensive behavior fO the harasser and request that itstop. If the employee iSuncomfortable
iD addressing the matter directly with the harasser, o[ifthe behavior does not stop, then the
8[ODlOV8e should discuss the matter immediately with the HUn12O Resources Manager or
his/her Department Head. Supervisors and managers who receive @ harassment complaint
shall contact the HU[D8D R8SOU[CeS M8O@g8[ immediately.
All complaints will be investigated p[DDlDtlV' impartially, and discreetly. []pOD completion Of
the investigation, the appropriate parties may b8notified of the findings. Any supervisor,
agent, D[other employee who has been found tOhave harassed GD employee will be subject
to pFODlDL 8Dp[Dp[i8[e CO[PeCtiVe @C[iOD. ranging from 8 disciplinary warning to termination.
RETALIATION: The City will not tolerate retaliation against any employee for [GpD[fiDg` in
good faith, iOSt@DC8S Of h8[@8SDlROt, or for making @ good faith [BpO[f of discrimination.
Likewise the City will not tolerate retaliation against GD 8rODlOV88 or witness for bringing
fORN@Fd, in good faith, @ CODOpl@iDt Of h@[BGGFD8Ot or discrimination or for participating in 8
VVD[kpl8Ce investigation regarding these COrDpl@iOtS. Examples of prohibited conduct that
may rise to the level of employee [8i8li8fiOD include the following:
A. Changing the terms O[conditions Of employment because the employee brought forward Or
participated in 8 complaint O[ investigation;
B. Discussing or gossiping about an employee's complaint or an employee's participation iOaO
investigation;
C. Ignoring nr avoiding the employee inaD obvious manner;
D. Failing to provide the employee with C[Vci8| iDfO[Rl8tiOO necessary to pgrfD[OO his/her job O[
iDSUPe his/her safety in the workplace;
E. Blaming the 8Olp|Oy88 for C8USiOQ 8 problem as @ result of the CVDlp|@iOt;
F. Continuing with discriminatory O[ harassing behavior;
G. Remarking that the employee should transfer to another department, be terminated, nrresign;
H. Threatening or harassing the employee; or
|. Openly laughing or making jokes in a derogatory manner at the employee's expense;
We expect that 80DlOVeeS Of Port Angeles will @C[ responsibly to NO8iOt8iO 8 pl8@SGDt
working environment, free Df harassment, allowing each employee t0 perform fO his O[ her
maximum potential. The City encourages any employee to bring questions he or she may
have regarding harassment Of this type tOthe HUDl@O Re8OU[C8S M8O8g8[. SUSf@iD8d
8Vid2DC8 of retaliation will lead to CODS8OUeDti2l discipline to include termination.
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2.02 NEPOTISM: Employment of Relatives
Nepotism: The practice of showing favoritism to relatives in appointment, employment,
promotion or advancement by any public official in a position to influence these personnel
decisions.
The purpose of this policy is to ensure equal opportunity and effective employment practices
by avoiding actual or perceived favoritism, discrimination, or actual or potential conflicts of
interest by or between employees of the City of Port Angeles. These employment practices
include: recruiting, testing, hiring, compensation, assignment, use of facilities, access to
training opportunities, supervision, performance appraisal, discipline and workplace safety
and security.
It shall be the policy of the City of Port Angeles to regulate assignment and supervision of
employees involved in familial, personal or business relationships in such a manner as to
reduce any "conflict of interest" and provide for their well-being and safety.
Conflict of interest: Any actual, perceived or potential conflict of interest in which it
reasonably appears that a department employee's action, inaction or decisions are or may
be influenced by the employee's personal or business relationship.
Accordingly, the City generally will not employ family members or two individuals living
together in the same household in positions where:
• one relative would supervise or audit the work of the other, directly or indirectly;
• both relatives would have the same immediate supervisor; or
• other circumstances exist that, in the judgment of City management would create a
situation of actual, perceived, or potential conflict of interest.
Family member includes the employee's spouse, registered domestic partner, siblings,
parents, children (biological, adopted, step, orfoster), grandparents, grandchildren, nieces,
nephews or in-laws.
The City also may refuse to employ close relatives of officers or other high-level employees
of our suppliers or others with whom the City deals where such a restriction is necessary to
avoid the actuality or appearance of conflict of interest, or to protect confidential information.
Should one of the above situations occur, the City will allow either of the employees to
transfer to a vacant position for which s/he is qualified. If no suitable position is available,
the employees will be given the opportunity to propose which of them will resign.
2.03 SOLICITATION POLICY
The following guidelines apply to soliciting in the workplace. Except for authorized City
programs, such as participation in the United Way, and with prior approval, individuals not
employed by the City are not permitted to enter City premises at any time to solicit, survey,
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petition, or distribute literature. This restriction includes charity solicitors, salespersons,
questionnaire surveys, union organizers or any form of solicitation or distribution.
Employees may only approach each other regarding reasonable forms of solicitation during
non-work time (including before and after the start of all involved employees' work periods,
and during breaks and meal periods) and in non-work areas. Any other solicitation requires
approval of the City Manager.
2.04 HEALTH BENEFITS FOR CITY EMPLOYEES
The City provides health related insurance benefits for regular full-time and Career part-time
employees budgeted to work in excess of 30 hours per week. Details of all health insurance
benefits are provided in summary plan descriptions provided to employees when hired.
The following is only a summary of current programs. You can obtain more information
about any of these programs from Human Resources.
Health Benefit Programs:
Regular full time and Career Part time employees are eligible to participate in the City's
Health benefit program. The various health benefits include medical, dental, vision, life
insurance, long-term-disability, and Employee Assistance Program. Some of these
programs are not are eligible for Career par time due to plan design and eligibility
requirements set by the insurance providers. The City pays most of the premium for the
employee, spouse, registered domestic partner, and eligible dependents. For medical
insurance, the employees pay a portion of the premium determined by city policy or as
provided for in the labor contracts. Employee portions of premiums are paid through payroll
deduction.
Medical Waiver Cost Share Program:
An employee enrolled in the AWC medical plan may opt to waive their medical coverage if
they have other comprehensive medical insurance, and receive one-half of the monthly
insurance premiums, subject to certain conditions established by the City and AWC.
Employees interested in participating in this program should contact Human Resources to
find out more information and whether you may qualify.
Flexible Benefits Plan
The Section 125 plan allows you to use pre-tax dollars to pay for certain qualifying expenses,
including medical insurance premiums, non-covered medical expenses, and dependent care.
Retirement, Deferred Compensation, and Retiree Health Savings Plan:
The City of Port Angeles has three separate ways to help you save for a secure retirement.
Consult Human Resources or your Plan documents for details.
• Retirement Plans
As a regular City employee, you are required to participate in the State of Washington Public
Employees' Retirement System (PERS) or the Law Enforcement Officers and Firefighters
Retirement System whichever is applicable by law. Eligibility and procedures for retirement
are governed by State law. Details are provided during orientation. Additional information is
available from Human Resources.
• Deferred Compensation Plan
This is an optional program. You may defer a portion of your wages through payroll
deduction on a pre-tax basis and invest it with either lCMA or Great West. The City
contributes funding for deferred compensation in some of the labor contracts and for
management and non-represented employees.
• Retiree Health Savings Plan
The City participates in the Retiree Health Savings Plan (RHS) through ICIVIA. This plan
allows employees to divert a portion of vacation and sick leave cash out upon retirement .
Currently no bargaining units have opted for this benefit, only the management and non-
represented employees have a RHS plan in place. Contact Human Resources for eligibility
as not all employees have this benefit.
2.05 DEPARTMENT WORK RULES
Each department is responsible for establishing and distributing department work rules and
regulations. Such work rules and regulations must be consistent with these Policies and
Procedures, the collective bargaining agreements, and Civil Service Rules/Regulations, if
applicable.
2.06 CLASSIFICATION PLAN
The Human Resources Office establishes and maintains the Classification Plan for the City.
The Classification Plan consists of Job Descriptions for each classification, together with
established salary ranges as adopted by the City Council.
2.07 JOB DESCRIPTIONS
The Human Resources Office develops and maintains job descriptions for each classification
in the City, which includes the nature of work, the essential job functions, examples of
assigned duties and responsibilities, educational and experience qualifications, and
knowledge, abilities, and skills.
2.08 SMOKING IN THE WORK PLACE
Smoking is prohibited in City Hall and all City work locations. Smoking is permitted only in
outdoor areas at least 25 feet from any building entrance/exits or air vent.
This policy extends to all work areas, including public areas, lobbies, restrooms, stairways,
elevators, employee lounges, and hallways. Smoking in City vehicles is also prohibited.
Smoking areas consistent with the intent of this policy may be designated by the Department
Directors for their work locations. ..
Failure to comply with this policy is grounds for disciplinary action.
2.09 BULLETIN BOARDS
Each City Department and major Division (if in a different work location) maintains an
employee bulletin board for official City notices. This bulletin board is to be used for job
postings, safety notices and other information of City business. Personal information such
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as the sale of items is prohibited on an Official City Bulletin Boards.
2.10 POLITICAL ACTIVITY
The City recognizes and fully supports the right of employees to vote, to express their
opinions, to hold any political office, and to participate in any political campaign. However,
for the good of the City, and to avoid potential conflict of interest, please keep in mind the
following guidelines.
• Public facilities or resources may not be used to assist the campaign of a candidate
or the promotion or opposition of a ballot proposition; employees may not campaign
or assist any campaign activity during City work hours.
• No employee who may come into contact with the public may wear or display
campaign buttons or literature during City business hours.
• Employees participating in fund raising or other campaign activities must make clear
that they do not represent the City and the City does not endorse the candidate or
position.
• Employees may not attempt to obtain political contributions from co-workers through
threat or promise of differential treatment on the job.
2.11 RECEIPT OF GIFTS
Employees may not solicit or accept a gift, compensation, or other item of value from anyone
doing business with the City. Unsolicited gifts not returnable will be donated to a non-profit
organization to be determined by the City Manager or Department Director. . Questions
regarding application of this policy should be directed to the City Attorney.
2.12 CARE OF CITY PROPERTY
Employees are expected to exercise reasonable care in the use of City property and to
utilize City-owned property only for authorized official City business. Negligence in the care
and use of any City-owned property may be considered cause for disciplinary action,
including suspension and/or dismissal from City employment.
Unauthorized removal of City-owned property from the City's premises or its conversion to
personal use is prohibited and is cause for disciplinary action.
2.13 RETURN OF CITY PROPERTY
City-owned property issued to an employee must be returned to the employer at the time the
employee terminates employment or upon request of the employee's immediate supervisor,
or Manager within the Department. This includes, but is not limited to, city identification,
keys, personal computers, tools, workbooks or training materials, uniforms, calculators, or
any other equipment or property of the City.
2.14 CITY DRESS CODE
All employees must maintain their personal grooming and hygiene and wear proper work
clothes to adequately perform their work in a safe manner, as well as present a favorable
image to the public. .. To meet this objective, and recognizing that dress standards vary
depending on the location and type of work, Department Directors are responsible for
ensuring that these guidelines are implemented and followed in their operational areas, in
accordance with the specific policies below:
1. Work clothes and grooming must meet required safety rules and regulations.
2. Work clothes and grooming may not be overly faddish or extreme, based on community
and social acceptability, as determined by supervisors, on a case-by-case basis. This
includes body piercing and tattoos that may be depicting negative or offensive images or
words. These may be allowed if covered by clothing.
3. Work clothes must be clean and well maintained.
4. Work clothes and personal grooming must be appropriate for the working conditions of
the job.
2.15 ETHICAL RULES
In addition to those set forth in these Policies and Procedures, State statutes provide certain
ethical rules which are attached for easy reference and are considered a part of these
Policies and Procedures. See Chapter 42.20 and 42.23 RCW (attached).
2.16 COMPUTER AND INFORMATION TECHNOLOGY POLICIES
It is the policy of the City of Port Angeles to maximize the cost-effective use of
computer systems as a means of improving productivity for employees. The City
provides communication resources for electronic mail (email), internet access,
telephone and voicemail, facsimile machines, cellular telephones, and other
electronic communication devices (collectively referred to as the City's Technology
Resources) to employees to assist in and facilitate City business and
communications.
This policy does not address all required, allowed, or prohibited behaviors by
employees, but merely covers common examples. In general, the City relies on the
good judgment of its employees to ensure that City Technology Resources are used in
the public's best interest.
No Expectation of Privacy:
By using the City's Technology Resources employees acknowledge and agree that
they have no expectation of privacy or confidentiality in their use of these systems or
in any data that they create, store, or transmit over the systems, including any data
created, stored or transmitted during an employee's incidental personal use of the
Technology Resources as permitted under this policy. Employees also acknowledge that
any data, they create, store or transmit from/to or within city systems to include electronic
and physical is the sole property of the City and not individuals. Employees further agree
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that they are aware of, understand and will comply with the provisions of this policy,
and that their use of the Technology Resources can and will be monitored and any data
that they create, store or transmit on or over City systems may be inspected by City
management at anytime. Employees should understand that certain email
messages, other electronic communications, and documents created on City
computer systems may be considered a public record subject to disclosure and/or
subject to discovery in the event of litigation.
Standardized Software and Hardware
The City has established software and hardware standards for commonly
used applications. The use of unauthorized, non-standard software or hardware,
including personally owned software or hardware, on city computer systems without
written approval by IT staff and authorized by the Chief Financial Officer, is prohibited.
Installation of Software and Hardware
All software and hardware is to be installed by the IT Division. Specialized software and
hardware technologies exclusive to individual departments may be managed within the
appropriate department, in coordination with and approval of the IT Division. Any moving,
relocating, or rearranging of computer software or hardware will also be coordinated
and scheduled with the IT Division using the current defined process or appropriate form.
Ownership and Confidentiality
All software, programs, applications, data, data files and web pages residing on City
systems or storage media, developed on City computer systems are property of the
City. The City retains the right to access, copy, modify, destroy or delete this
property. Data files containing confidential or sensitive data should be treated
accordingly and should not be removed from the workplace without proper
authorization. This includes, but is not limited to:
• Certain employee records including those relating to or containing financial,
medical or personal information;
• Legal documents including but not limited to those relating to property transactions,
litigation or claims against the City;
• Banking and financial information including but not limited to transactions, credit
cards, customer passwords, etc.
Incidental, De Minimus Personal Use
Incidental, de minimus personal use may be permitted where, in the judgment of the
employee's supervisor or department director, such use does not interfere with
employee or department productivity, nor distract or take time away from the worker or
co-workers assigned work. Generally speaking, incidental, de minimus personal use
means:
• It is done on an employee's personal time, such as on a lunch break;
• It does not interfere with job responsibilities;
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• It does not result in any expense to the City;
• It does not solicit for or promote commercial ventures;
• It does not utilize excessive network resources;
• It does not constitute any prohibited use, as discussed below.
Prohibited Use of City's Technology Resources
Use of the City's Technology Resources to engage in any communication that violates
federal, state, or local laws or regulations, or any City policy, is strictly prohibited at all
times. In addition, the following uses of the City's Technology Resources are
inappropriate and are prohibited at all times, unless specifically exempted below:
• Personal commercial use (benefitting an employee's outside employment or
commercial business);
• Accessing, receiving or sending pornographic, sexually explicit or indecent
materials of an unreasonably offensive nature;
• Usage for any type of unlawful harassment or discrimination, including the
transmission of obscene or harassing messages to any individual or group
because of their sex, race, religion, sexual orientation, national origin, age,
disability or other protected status;
• Gambling;
• The loading of computer games;
• Usage that precludes or hampers City network performance such as
streaming video or audio and playing MP3 files or online games, unless for
City business.
• Unauthorized copying or downloading of copyrighted material;
• Usage that violates software license agreements;
• Downloading of software programs (unless specifically approved by applicable
Department Director and coordinated with the IT Division);
• Usage for political purposes, including partisan campaigning;
• Sending anonymous messages and/or misrepresenting an employee's name,
position, or job description;
• Deliberately propagating any virus, worm, malware, spyware, or other code or file
designed to disrupt, disable, impair, or otherwise harm either the City's networks or
systems, or those of any other individual or entity;
• Releasing misleading, distorted, untrue or confidential materials regarding City
business, views or actions;
• Using abusive, profane, threatening, racist, sexist, or otherwise objectionable
language in either public or private messages;
• Use of Technology Resources in an excessive manner so as to deprive others of
system use or resources, including the sending of bulk email for other than official
business or forwarding "chain letter" emails of any kind;
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• Connecting to the City network, or any specific software package, utilizing
somebody else's security identification login information to gain alternate security
permissions.
The preceding list does not address all prohibited uses, but merely covers common
examples. Any employee who violates these policies could be subject to disciplinary
action, up to and including termination. In addition, employees may be held personally
liable for damages incurred as a result of copyright and licensing requirements.
Downloading Files from the Internet or Openinq Email Attachments
Downloading files from the internet or opening email attachments from sources outside
the City can lead to spyware and/or virus attacks that can severely damage or
degrade the City's network and/or data. The IT Division maintains anti-virus and anti-
spyware software on City computers and with continuously updated signature
definition files. However, that does not guarantee that all spyware is blocked, or
that all viruses are caught. If you are downloading a file and receive a message that
a virus or spyware has been detected, you must contact the IT Division immediately for
assistance. Similarly if you receive an email with a suspicious attachment, or from an
unusual source, you should notify the IT Division before opening it. If you notice that
your computer is behaving strangely or you suspect spyware or a virus, notify the IT
Division.
Social Media and Social Networking:
The City does not authorize the use of social media and social networking websites,
except in very limited and specifically authorized applications. I.e. as defined as City
business. At no time are personal social media and social networking websites use
authorized in any form or transmission during work hours.
Security
The IT Division must authorize all access to central computer systems. Each user is
responsible for establishing and maintaining a password that meets City requirements
as prescribed by current SANS guidelines. Passwords must:
• Be changed every 90 days,
• Have a minimum length of 8 characters,
• Be complex. Passwords should use three of the following four types of
characters:
0 Lowercase
0 Uppercase
0 Numbers
0 Special characters such as: !@#$%A&*(){}[]
Passwords should not be easy to guess, or use items on your desk, nor not contain
your:
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• Name,
• Username,
• Nickname,
• Family member names
• Pets names
Or other similar type of easily accessible items or names that can be cross
referenced by outside individuals using social media and the data contained.
• Social Security Number,
• Birthday,
• License plate number,
• Address,
• Phone number.
Passwords should not be shared with anyone either verbally or via email (except IT) or
documented in a manner that is easily accessed by others or sent through email.
The use of another person's passwords or attempt to capture other users'passwords
is prohibited. In the event another employee's password is deemed necessary, as
determined by the department director, a request shall be made to IT in writing to
document the reason and IT staff will determine the appropriate method to assist the
requesting patty, in order to maintain proper security.
Network Access and Usage
The IT Division must approve connecting devices to the City's network. This
includes PCs, network hubs and switches, printers, handhelds, scanners, remote
connections, and wireless or wired devices.
Non-employees (e.g. vendors, contractors) are prohibited from connecting to the City's
network without prior approval by IT Division and are required to have their PCs,
laptops, etc. scanned by IT for virus detection prior to connecting
Additionally, any vendor/contractor will also have industry software
supported software and operating system which is not end-of-life and
maintained regularly with security updates. Failure to do so will result in
non-connectivity of both physical and remote access until resolved.
Representatives of the contracting departments are responsible for assisting their
contractors to engage IT to perform these services.
Removable Computer Media
Personal removable computer media, i.e. USB hard drives, flash/thumb drives,
CDs/DVDs, laptops, cell phones and similar devices may not be loaded or attached to
any City-owned equipment without authorization by IT.
Electronic Document Management
Users must manage their electronic documents in accordance with record retention
policies and procedures as defined and identified by RCW 40.14 - Retention Periods.
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htti)://a Pps.[eq.wa.c
_iov/RCW/disPo.aspx?cite=40J4 Documents past their
retention schedules should be deleted from the network to save space and eliminate
the need to backup unnecessary files. Examples of electronic documents include, but
are not limited to:
• files
• email
• web pages
Remote Access
Employees may access the City's hosted email system at-http://mail.off ice365.com.
There are a limited number of laptops projectors available for employees to check out for
business-related travel or projects. These must be returned to IT immediately upon
returning, and before being connected to the City's network.
Access to the City's network for vendors and contractors via VPN (virtual private
network) requires written approval from the Department Head and IT. VPN accounts
will be audited, and inactive accounts will be deactivated. Reactivation of intermittently
used VPN accounts for vendor support purposes will be accommodated upon request
and approval by IT Division.
Remote Virtual Desktop access requires permissions to use, with certain restrictions,
and work hours for remote work etc. Contact IT staff for more information.
City Phone System
Consistent with these guidelines, employees are not permitted to make excessive or
extended personal telephone calls on City telephones.
City-Provided Cellular Telephones
Based on the particular duties of an employee's position, the City may determine that it
is in the City's interest that an employee has a cellular telephone.
Purchasing of Information Technology Hardware and Software
Purchases of technology for City use must be coordinated through the IT Division.
This policy applies to all computing and network-related resources of the City of
Port Angeles, whether located in the City or in remote locations or facilities. The
City's technical resources include but are not necessarily limited to:
• Desktops, laptops, tablets and servers, Network Printers, scanners, and
copiers.
• Software running on these devices;
• Peripheral equipment (e.g. printers, scanners, cameras, etc.);
• Cabling or connectivity-related devices;
• Audio-visual equipment such as projectors.
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Non-Standard Office Productivity Software
Non-standard software will not be supported by the IT Division. Requests for non-
standard software must be approved by the department head and the IT Division.
Before purchasing non-standard software, the purchaser must describe the source of
support for the software being purchased Prior to installation/activation, IT Staff will be
provided sufficient time for testing and configuration management processes
If for any reason the non-standard software interferes with any regular production
software configurations, operations or networking resources such as copiers, scanners or
other software, this software will be deemed detrimental to City IT Resources and will be
removed. The department affected can if desired, have this software loaded on a
standalone system with no outside connections or communications. At no time will IT
resources be committed to correcting non-standard software which has been deemed
detrimental, to properly perform and interface cleanly with any city resources that have or
have not been previously affected.
Standard Office Productivity Software
Standards for office productivity software are defined for the City and re-evaluated
periodically. Office productivity software includes such packages as
• Microsoft Office Suite, i.e. Word, Excel, Access, Outlook
• SunGard
• Adobe Acrobat Reader
• Adobe Flash Player
• Adobe Shockwave
• Java
Application Software:
Application software is software that fulfills a specific business purpose. Examples of
application software are Adobe Professional, ArcGIS, Spillman, NetMotion, PastPerfect,
WorkFlows, BlueZone, Envisionware, Overdrive, WonderWare, AutoCAD, Photoshop,
InDesign, Illustrator, etc.
All application software packages must be evaluated and approved by the IT
Division before purchase. Before an application software package is purchased,
agreement must be reached between the vendor, purchaser and the IT Division in
regard to the operating environment of and support for the application.
If application software is to be supported by the IT Division the package must fit
within the City's standard operating environment. Application software will be
evaluated based on:
• The nature of the application;
• It's usage base;
• The support requirements associated with the package;
• It's criticality to the mission of the department or the City of Port Angeles as a
whole;
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• It's fit within the City environment, i.e. operating hardware requirements,
database management system, operating system requirements, and Web
environment requirements.
Non-Standard Hardware
Non-standard hardware will not be supported by the IT Division. If a hardware
component is not listed as a current standard below, it is considered to be non-
standard. Requests for non-standard hardware must be approved by the
department head and IT Division. Before purchasing non-standard hardware, the
purchaser must describe the source of support for the hardware being purchased.
Hardware Standards
Standards have been defined for workstation hardware, peripherals and servers.
These standards are re-evaluated periodically based on common needs, vendor
offerings, cost, reliability, supportability, and quality and timeliness of vendor support.
2.17 REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING
EMPLOYEES AGAINST RETALIATION
The Washington State Local Government Whistleblower Act is intended to protect local
government employees who raise issues of improper governmental actions with their
supervisors and with appropriate governmental agencies (RCW 42.41). There are many
federal and state law whistleblower statutory schemes, with the common theme that
adverse employment action may not be taken against employees (1) who in good faith
reports illegal or unlawful conduct to a person in authority or to the media, where the
adverse action is taken (2) because the employee reported the illegal or unlawful conduct.
The City of Port Angeles respects the rights of reporting employees and has adopted this
policy to ensure compliance with the law.
It is unlawful for a local government to take retaliatory action because an employee, in good
faith and in conformance with the local government's procedures, provides information that
improper governmental action may have occurred.
A. POLICY STATEMENT
It is the policy of the City of Port Angeles (1) to encourage reporting by its employees of
improper governmental action taken by the City of Port Angeles officers or employees and
(2) to protect the City of Port Angeles employees who have reported improper
governmental actions in accordance with the City of Port Angeles' policies and procedures.
B. DEFINITIONS
As used in this policy, the following terms shall have the meanings indicated:
"Improper governmental action" means any action by aCity of Port Angeles officer or
employee:
a. That is undertaken in the performance of the officer's or employee's official duties,
whether or not the action is within the scope of the employee's employment; and
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b. That (i) is in violation of federal, state, or local law or rule, (ii) is an abuse of
authority, (iii) is of substantial and specific danger to the public health or safety or (iv) is a
gross waste of public funds.
C. "Improper governmental action" does not include personnel actions, including
employee grievances, complaints, appointments, promotions, transfers, assignments,
reassignments, reinstatements, restorations, reemployment, performance evaluations,
reductions in pay, dismissals, suspensions, demotions, violations of collective bargaining or
civil service laws, alleged violations of labor agreements, reprimands, discrimination claims
or other lawful disciplinary action.
"Retaliatory action"means any materially adverse change in the terms and conditions of a
City of Port Angeles employee's employment made because the employee in good faith
reported illegal or unlawful conduct.
C. PROCEDURES FOR REPORTING
The City of Port Angeles employees who become aware of improper governmental actions
should raise the issue first with their supervisor. The employee shall submit a written report
to the supervisor, or to some person designated by the supervisor, stating in detail the
basis for the employee's belief that an improper governmental action has occurred. Where
the employee reasonably believes the improper governmental action involves his or her
supervisor, the employee may raise the issue directly in a written report with the City
Manager or such other person as may be designated by the City Manager to receive
reports of improper governmental action.
In the case of an "emergency", where the employee believes that damage to persons or
property may result if action is not taken immediately, the employee may report the
improper governmental action directly to the appropriate government agency with
responsibility for investigating the improper action.
"Emergency"means a circumstance that if not immediately changed may cause damage to
persons or property.
The supervisor, the City Manager, or the City Manager's designee, as the case may be,
shall take prompt action to assist the City of Port Angeles, working with the City Attorney, in
properly investigating the report of improper governmental action. The City of Port Angeles'
officers and employees involved in the investigation shall keep the identity of reporting
employees confidential to the extent possible under law, unless the employee authorizes
the disclosure of his or her identity in writing.
After an investigation has been completed, the employee reporting the improper
governmental action shall be advised of a summary of the results of the investigation,
except that personnel actions taken as a result of the investigation may be kept
confidential. Public Disclosure law applies regarding any statutory exemptions
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The City of Port Angeles employees may report information about improper governmental
action directly to the appropriate government agency with responsibility for investigating the
improper action if the City of Port Angeles employee reasonably believes that an adequate
investigation was not undertaken by the City of Port Angeles to determine whether an
improper governmental action occurred, that insufficient action has been taken by the City
of Port Angeles to address the improper governmental action, or that for other reasons the
improper governmental action is likely to recur.
City of Port Angeles employees who fail to make a good-faith attempt to follow the City of
Port Angeles' procedures in reporting improper governmental action shall not receive the
protection provided by the City of Port Angeles in these procedures.
D. PROTECTION AGAINST RETALIATION AGAINST WHISTLEBLOWER
City of Port Angeles officials and employees are prohibited from taking retaliatory action
against a City of Port Angeles employee because he or she has in good faith reported an
improper governmental action in accordance with these policies and procedures.
Employees who believe that they have been retaliated against for reporting an improper
governmental action should advise the City of Port Angeles Manager or the City of Port
Angeles Manager's designee. The City of Port Angeles employees shall provide a copy of
their written charge to the City of Port Angeles Manager no later than thirty (30) days after
the occurrence of the alleged retaliatory action. The City of Port Angeles officials shall work
with the City Attorney to take appropriate action to investigate and address complaints of
retaliation. The City of Port Angeles Manager shall respond within thirty (30) days to the
charge of retaliatory action.
Alternatively, if the retaliation is alleged to involve the City Manager, , the City of Port
Angeles employee may obtain protection under this policy and pursuant to state law by
providing a written notice of the charge to the City of Port Angeles City Council no later
than thirty days after the occurrence of the alleged retaliatory action that:
a. Specifies the alleged retaliatory action; and
b. Specifies the relief requested.
The City of Port Angeles shall respond within thirty (30) days to the charge of retaliatory
action.
After receiving either the response of the City of Port Angeles or thirty days after the
delivery of the charge to the City of Port Angeles, the City of Port Angeles employee may
request a hearing before a state administrative law judge (ALJ) to establish that a
retaliatory action occurred and to obtain appropriate relief provided by law. An employee
seeking a hearing should deliver the request for hearing to the City of Port Angeles
Manager within the earlier of either fifteen (15) days of delivery by the City of Port Angeles'
response to the charge of retaliatory action, or forty-five (45) days of delivery of the charge
of retaliation to the City of Port Angeles for response.
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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 (RCW 34.05.410 — 598):
Office of Administrative Hearings Lacey, WA 98504-2488
P.O. Box 42488, 4224 Sixth S.E. (206) 459-6353
Rowe Six, Bldg. 1
The ALJ process and remedies provides the exclusive remedy for the reporting employee.
(RCW 42.41.040).
The City of Port Angeles will consider any recommendation provided by the administrative
law judge that the retaliator be suspended with or without pay, or dismissed.
E. RESPONSIBILITIES
The Human Resources Manager, designated by the City Manager and working with the
City Attorney, is responsible for implementing these policies; (1) for reporting improper
governmental action and (2) for protecting employees against retaliatory actions. This
includes ensuring that this policy and these procedures (1) are permanently posted where
all employees will have reasonable access to them, (2) are made available to any
employee upon request and (3) are provided to all newly hired employees. Officers,
managers and supervisors are responsible for ensuring the procedures are fully
implemented within their areas of responsibility. Violations of this policy and these
procedures may result in appropriate disciplinary action, up to and including dismissal.
In order to ensure reporting options for the employee, the City Manager's designee will be:
(1) Human Resources Manager, or the (2) City Attorney/Senior Assistant City Attorney.
List of Agencies. Following is a list of agencies responsible for enforcing federal, state, and
local laws and investigating other issues involving improper governmental action.
Employees having questions about these agencies or the procedures for reporting
improper governmental action are encouraged to contact the General Manager. The
contact information (addresses and phone numbers) for the agencies listed below can be
found on the internet.
CLALLAM COUNTY
Clallarn County Prosecuting Attorney
Clallarn County Court House
223 East Fourth Street
Port Angeles, WA 98362
(360) 452-7831
STATE OF WASHINGTON
Attorney General's Office
Fair Practices Division
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State Auditor's Office
Human Rights Commission
State Department of Health
Health Consumer Assistance
Department of Labor & Industries
Puget Sound Water Quality Authority
Department of Social and Health Services
Special Investigation Office
UNITED STATES
U. S. Attorney
Consumer Product Safety Commission
Environmental Protection Agency
Criminal Investigations
Equal Employment Opportunity Commission
2.18 PURCHASE OF SURPLUS PROPERTY AND EQUIPMENT
Employees may participate in bidding for surplus City equipment and/or property, provided
no special privileges or conflict of interest arises from such action. A conflict of interest for
the purposes of this Section is defined by Chapter 42.23 RCW, A Code of Ethics for
Municipal Officers - contract Interests.
The following employees may not participate in bidding for or purchase of surplus
property/equipment: (1) City Council members; (2) City Manager; (3) Department Directors;
and (4) an employee responsible for surplusing and sale of the property and/or equipment.
Employees electing to bid on or purchase surplus property/equipment for which no conflict
of interest arises shall participate in the sale process stipulated by City Council. In addition,
such employee shall declare his/her interest in participating in the bidding process to
his/her Department Director and City Attorney in advance or as soon as possible after the
public notice of sale is released.
2.19 CITY SPONSORED ACTIVITIES AND PROGRAMS FOR EMPLOYEES
The City endeavors to create a harmonious and productive work environment including
effective and timely communication for employees. To this end, the City sponsors certain
activities and programs such as periodic, safety recognition events, wellness program
events and activities, annual awards luncheons, and other similar employee recognitions. .
The City Council authorizes the City Manager to provide necessary funding for these
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employee programs. However, funding is limited to budgetary constraints.
2.20 CITY OWNED CELLULAR PHONES
The acquisition and use of cellular phones by City departments shall be in accordance with
this policy. The purpose of this policy is to ensure cellular phones are used in the most
expeditious manner and to provide guidelines in the acquisition and use of such equipment.
The purchase and/or installation of cellular phones shall be approved by the Department
Director. Any purchases or installation of cell phones shall be coordinated through the
Finance Department, Information Technology Section. This is to insure consistency in the
application and use of cell phones and purchasing.
It shall be the responsibility of the Director to ensure that sufficient funds are budgeted for
the purchase and monthly operational costs associated with such equipment prior to its
use.
Cellular phones owned by the City shall be used only for authorized City business as
determined by this policy and the individual employee's job requirements. The general use
of cellular phones shall not be in lieu of more cost effective, practical and available means
of communication.
City cell phones may be used for personal reasons on a limited basis In such event, the
employee shall reimburse the City for the cellular phone charge incurred.
It is the responsibility of the Department Director or his/her designee to review each months
cell phone billings to ensure proper use of this equipment.
2.21 CITY LOCKERS
The City may furnish lockers for employees for security of employee and City possessions.
The City does not assume responsibility for any theft or damage to the personal
belongings of employees, and the City reserves the right to search these lockers at any
time.
2.22 INCLEMENT WEATHER POLICY
Curtailing Services and Closing Facilities: In the event of an emergency or during severe
weather conditions, as declared by the City Manager, certain City services and/or facilities
may be closed or services curtailed. Under such emergency or severe weather conditions,
only primary services, as determined by the Department Director and City Manager, shall
be provided, i.e., electric services and Public Works activities such as water, sewer, street
maintenance, and garbage collection.
The City will make reasonable efforts to notify affected employees that a facility will be
closed,..
Administering Pay: Should conditions prevail which would prohibit City employees from
reporting to work the following shall apply relative to the administration of pay for affected
employees:
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Normal Situation: Employees who are scheduled to work and report to work shall receive
their normal rate of pay for the hours worked.
Leave Work Early: If an employee is authorized by his/her supervisor to leave work before
the designated shift ends, because of weather conditions and safety, such time will be
charged to first accrued comp time and then accrued vacation or leave without pay. Sick
leave cannot be used to leave early, if unable to report to work, or city facilities are closed.
Unable to Report: Employees who are scheduled to work but are unable to report to work
because of the weather conditions shall charge such time to first accrued comp time and
then accrued vacation or leave without pay.
It will be the responsibility of the employee to contact his/her supervisor or by telephone or
email if the employee is scheduled but is unable to report for work during the emergency or
inclement weather conditions.
City Facility Closed: Employees who are 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.
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.
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CHAPTER 3 — EMPLOYMENT RELATED POLICIES
3.00 NOTIFICATION OF VACANCIES
When a vacant position occurs in a Department, the Department Director will notify Human
Resources by e-mail or memo of the vacancy, and will designate a contact person in the
Department with whom Human Resources will coordinate the recruitment and selection
activity.
In working with the Department, Human Resources will assist in determining the necessary
recruitment period, develop the recruitment process and place job ads, screen applications,
test qualified applicants, and monitor the selection process for compliance with lawful
requirements. H.R. will also assist the Department with the appropriate pre-employment
procedures, such as medical examination, reference checks, psychological evaluations,
and employee orientation once the hiring decision is made by the Department Director..
3.01 CITY APPLICATIONS
All Departments use the City of Port Angeles Employment Application as approved by
Human Resources when recruiting for vacancies. This is to ensure uniformity and
compliance with applicable Federal/State requirements relative to the selection process.
3.02 PROBATIONARY STATUS OF NEW EMPLOYEES
Except as otherwise determined by the City Manager, all newly hired regular full-time or
regular part-time employees are hired for a probationary period of six (6) months (twelve
months for law enforcement and Fire Department positions). The Department Managers
use this probationary period as an extension of the selection process to evaluate the
employee's work performance. Each employee receives a performance evaluation during
the probationary period, generally at three (3) and six (6) month intervals, or more
frequently, as determined by the Department Director..
Probationers may be terminated during this period at any time, with or without cause, and
without right of appeal.
Probationary periods cannot be extended, except in the instance of an employee on an
extended leave of absence, so that the Department has the full term of the probationary
period to evaluate the employee.
3.03 VERIFICATION OF LAWFUL EMPLOYMENT IN THE U.S.A.
Federal law requires the employer to ensure that newly hired employees are lawfully
employable in the United States. Failure to do so is punishable by fines and/or
imprisonment. To comply with this requirement, the hiring manager or Human Resources
must review the employee's driver's license and Social Security card other proof of
identification allowable under the law and complete an 1-9 form no later than the third day of
work, and return it to Human Resources. Check with the Human Resources Office for other
identification.
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3.04 PRE-EMPLOYMENT PROCEDURES
Applicants who have received a conditional offer of employment may be required to
complete a pre-employment medical examination scheduled by Human Resources prior to
employment. Human Resources will coordinate the examination with the Department and
the potential new hire. Failure of the candidate to pass the pre-employment medical (plus
polygraph and psychological evaluations for law enforcement positions) or other required
procedures will result in disqualification from employment. Additional pre-employment
procedures include H.R. conducting employment references.
3.05 STARTING SALARY FOR NEW EMPLOYEES (Excluding City Manager and
Department Directors.).
The Department Director may start a new employee within the current salary range up to
midpoint of the range. If the Director wishes to start the employee at a higher step, such a
request must be approved by the Human Resources Manager and the City Manager prior
to offering the salary to the new employee. Any other terms and conditions offered to an
employee must be approved by the City Manager; this includes up-front paid leave, travel
or relocation expenses, or any other form of employment conditions.
3.06 NEW EMPLOYEE ORIENTATION
The Department Manager or Supervisor will make arrangements with the Human
Resources Office for employee orientation within the first week of employment for the new
employee.
The orientation will include a checklist of items covered with the employee's signature when
such orientation is completed. A copy of the checklist will be placed in the employee's
personnel file. Any orientation relative to specific Department concerns is the responsibility
of the respective Department Manager or Supervisor and will include specific department
procedures, safety rules/regulations, policies, work schedules, mission or value statements,
and other employment practices related to the work in the department. .
3.07 PERFORMANCE EVALUATIONS
Performance evaluations are recognized as an integral part of a supervisor's
responsibilities toward effective employer-employee relations. To this end, an employee
should receive his/her performance evaluation in a timely manner. The completed
performance evaluation becomes part of the employee's permanent record.
New Hires: Performance evaluations will be completed at three (3) month, and at six (6)
month intervals. For Police and Fire classifications, such evaluations will be completed at
three (3) month, six(6) month, and twelve (12) month intervals. More frequent evaluations
may be conducted at the discretion of the Department Director or appropriate Manager
Annual Review: Each employee receives an annual performance evaluation which shall be
within the first quarter of the year. The Department Director selects the month in which all
employees of that department will have their annual reviews.
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Merit salary increases, if given, shall be effective (advancement through the steps of the
salary range) on the employees anniversary date.
Special Evaluations: A Manager or supervisor may conduct a special performance
evaluation at any time to evaluate the employee's job performance over a given period.
Such evaluations may be used relative to a specific problem, which needs to be corrected
within a certain time period or establish a performance improvement plan (PIP).
3.08 HIRING OF FORMER EMPLOYEES
Employees who have resigned their employment in good standing and who the Department
Director is willing to rehire, or who are on a valid layoff list for re-employment, may be
eligible for rehire. If such an employee is rehired in his/her former classification within one
(1) year from the date of separation, the employee may be credited for his/her previous
work time only for purposes of determining his/her wage. Such wage determination is
subject to review by the Human Resources Manager and approval by the Department
Director and City Manager.
3.09 ADJUSTMENT OF HIRE DATE
For purpose of calculating seniority, leaves of absence without pay extending more than 30
days shall not be credited toward total time of employment.An employee, who is on a leave
of absence without pay from City service for a period of thirty(30) days or more, shall have
his/her City anniversary date (for City seniority) adjusted for the period of such leave.
3.10 PERSONNEL RECORDS
Personnel records are maintained in the Human Resources Office and are property of the
City. The records include, but are not limited to, the employee's application, a record of all
personnel actions affecting the employee such as pay changes, promotions, title changes,
leaves of absences, transfers, accidents, disciplinary actions, and other related information.
It is the responsibility of employees to inform Human Resources if they move, change their
telephone number or experience other changes in their personal information. In this way,
personnel records will remain accurate and up-to-date.
An employee's record is confidential to the extent allowable by law. The employee's union
or legal representative may have access to the employee's file upon written authorization
by the employee, with a copy of such authorization placed in the file. The personnel file
may also be obtained by a valid court order, or through a Public Disclosure Act request,
subject to applicable exemptions under law. The City reserves the right, as provided for by
City Ordinance, to charge a copy fee for providing copies of such information from the file.
If the employee is disciplined, resulting in documentation being placed in his/her personnel
file, the employee may submit a rebuttal to the information. The employee may review
his/her personnel file and obtain a copy of any information so contained with advance
notice to Human Resources.
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3.11 OTHER EMPLOYMENT
If an employee obtains employment in addition to his/her City job, the employee shall
provide written notice to the Department Head. Such notice from the Department Director
shall be placed in the employee's personnel file.
Outside employment that results in a conflict of interest with City employment, or that
interferes with the employee's work performance, as determined by the Department
Director and subsequent verification by the City Attorney, will be prohibited. Advance
notice and review for compliance with this policy is required.
3.12 TEMPORARY MODIFIED or "Light Duty"
1 Working employees are the City's most valuable resource. There may be times
when a Department has specific tasks or assignments of a limited duration (Modified
"light duty" Assignments) that can be performed by employees who temporarily
cannot perform the essential functions of their position due to illness, injury or
pregnancy.
2. The City may offer an employee who becomes sick, injured or pregnant a modified
duty assignment consistent with the needs and operations of the City as determined
by the Department Director working with Human Resources.
3. Modified duty is a short term work assignment for employees who have temporary
medical restrictions precluding them from performing one or more essential job
functions. Modified duty is intended to transition the employee from the injury
illness, medical restrictions to the return to full duty.
5. The Department Director in conjunction with Human Resources will have the sole
discretion to create, maintain or eliminate modified duty assignments consistent with
this policy and applicable law. Requests for light duty for temporary disabilities
should be addressed with the City Attorney under disability law related to
reasonable accommodation.
Eligibility for Modified Duty Status:
Employees may be eligible for modified duty status when:
a. The employee has an illness/injury/medical restriction which prevents them
from working in their regular assignment.
b. The employee's health care provider releases the employee to perform
employer determined available specific tasks or projects, and
C. The employee obtains a written medical prognosis of return to full duty with or
without accommodation by the City.
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Length and Limitations of Modified Duty Assignment:
a. The employer shall have the discretion to determine the length of the
modified duty assignment consistent with medical restrictions, availability of
work, and operational needs. Modified duty assignments shall be subject to
continuous re-assessment dependant on department need and the employee's
ability to satisfactorily perform in this temporary capacity.
b. If an employee cannot adequately perform in a modified duty assignment, if
the department need no longer exists, or there is a change in organizational
priorities, such assignment may be modified or revoked.
Requesting Modified Duty Assignment:
The employee shall:
a. Make a written request for a modified duty assignment or extension of
modified duty assignment to his/her immediate supervisor who will forward the
request to the Human Resources and the Department Director.
b. Complete all required Human Resources documents before being placed in a
modified duty assignment.
C. Obtain a health care provider certification that:
1. Releases the employee to work in the modified duty assignment.
2. Lists all restrictions and conditions for work; and,
3. States the medical prognosis/expectation for when the employee will
be able to perform the essential functions of his/her regular position.
See return to work discussion for Workers Compensation issues, Policy Sec. 8.02.
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CHAPTER 4 - PERSONNEL ACTIONS
4.00 PERSONNEL ACTION FORMS
A personnel action form shall be initiated by the employee's manager. A PAF is processed
for , new hires, promotions, demotions, changes in compensation, leaves of absence, title
changes, reclassifications, transfers, terminations, resignations or any other personnel
action affecting employment status, compensation or benefits.
It is the responsibility of the manager to see that the PAF is fully completed, process in
advance with sufficient time to circulate to all parties for signatures and payroll
implementation.
4.01 RESIGNATION IN GOOD STANDING
An employee who leaves City service shall ordinarily provide a written resignation to the
employee's Manager with a minimum of two (2) weeks advance notice in order to allow a
reasonable transition of City operations. Resignations with less than this notice shall be
deemed resignations not in good standing.
4.02 RECLASSIFICATION (Excluding City Manager and Department Directors).
Because of changes in service demands, job requirements, assigned duties and
responsibilities, technology, or other reasons, a position may be reclassified. Such
changes in a job require a classification review conducted by Human Resources , which
may affect the wages of the class (increase or decrease), change in qualifications, or
amending of the job description. A request for a classification review may only be initiated
by a Department Director, the City Manager, or Human Resources.
A Department Director may initiate a request for a classification review for a newly created
position or for an existing position, if the duties/responsibilities have significantly changed.
A classification review will not be undertaken solely to support a pay increase. Any request
for a classification review shall be in writing to Human Resources, with a copy to the City
Manager. Any reclassification is subject to appropriate funding within the respective
Department.
If the classification review results in an up-grade of the salary range, the incumbent shall be
placed within the new range at the step nearest his/her present salary, but not lower. If the
classification review results in a downgrade of the position and if a represented position,
the City will bargain the impact of the reclassification with the union, based on the scope of
responsibility and assigned duties. If a management or non-represented position, the
Department Director and Human Resources will determine the appropriate salary level,
subject to approval of the City Manager. Downward reclassifications shall not be
considered a demotion.
A classification review must be conducted in conjunction with the budget process. A
classification study shall be submitted to Human Resources by July in order for the review
process to be conducted and appropriate funding changes included in the next years
budget process.
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Mid-Year classification studies may be conducted but shall not be effective without funding
allocated within the department.
4.03 LAY-OFF PROCEDURES (Excluding City Manager, Department Heads, and Police
and Fire classifications under authority of Civil Service).
The City may lay off employees where there are changes in service levels, reorganization,
a position is abolished, lack of funding, or other appropriate reason requiring a reduction in
the work force as determined by the City. The City shall make efforts to keep such lay-offs
to a minimum by attrition or integrating affected employees into other positions.
An employee laid off shall receive a minimum of 30 days written notice prior to the effective
date of the lay-off.
Employees having rights to layoff procedures include regular full-time and regular part-time.
Seasonal, and on-call, employees or temporary employees do not have rights to the layoff
procedures or re-employment rights.
Lay-off will generally be in inverse order of hire by classification within each Department.
However, in considering which employees are laid off, the City shall retain the most
qualified and job performance shall be a factor in such retention. If the City needs a
particular skill, the City maintains the right to retain such an employee. Qualifications will
be determined by the knowledge, abilities and skills for the classification.
"Bumping procedures"shall apply to classification seniority for positions holding prior status
in a lower class within an occupational series. Such procedures are defined as employment
status held in a lower classification within the same occupational series; i.e., a Utility
worker may be "bumped" by a leadworker with greater seniority and who has held status in
the lower classification.
Lay-Off List
For a period of eighteen (118) months from the date of lay-off, regular full-time employees
who were laid off, followed by regular part-time employees, shall have re-employment rights
to a position in the classification they held prior to such lay-off and shall have first
opportunity to fill a position when one becomes available. An employee re-hired from the
lay-off list shall be placed at the salary range and step held by the employee prior to being
laid off. However, the salary schedule shall be the rate of pay at the time of re-
employment.
It shall be the responsibility of the laid off employee to keep his address current with the
City. If a position becomes available, the City will notice the employee at the last address of
record. If the employee fails to respond to the notice within ten (10) calendar days, the
employee's name will be removed from the lay-off list for future consideration, unless a
valid reason exists, as determined by the City, for such failure to respond.
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4.04 RETIREMENT
Employees covered by the Public Employees Retirement System (PERS 1, 11 or 111) or the
Law Enforcement Officers and Firefighters Retirement System (LEOFF I or 11) wishing
information concerning retirement should contact the Department of Retirement Systems in
Olympia, Washington. If an employee wishes to retire, the employee must send an
application for retirement to the Retirement System Office at least ninety (90) days prior to
his/her retirement effective date. The Department of Retirement Systems will provide the
employee with the estimates of benefits due the retiring employee. An employee shall
provide as much notice as possible to the affected Department Director prior to the
retirement effective date, preferably six months notice.
4.05 SEPARATION OF EMPLOYMENT (Excluding the City Manager)
Termination of employment shall be based on either (1) resignation by the employee, (2)
disciplinary action of the employer for violation of rules, laws, regulations, or other reasons
outlined in section 9 of these policies, the applicable employment contract or applicable
labor contract, (3) retirement, (4) reduction in force by the employer, or (5) termination by
the employer as otherwise provided by law.
Whenever an employee's service with the City terminates, it is the responsibility of the
Department Director or Division Manager to ensure that the Personnel Action Form is
processed in a timely manner and that all City keys, cell phones, electronic communication
devices, computers, and any other City property is returned.
CHAPTER 5 - SALARY ADMINISTRATION
5.00 SALARY STRUCTURE
Salaries for union represented employees are established through the collective bargaining
process and adopted by the City Council. Salaries for Management, Confidential, and non-
represented employees are established by the City Council.
5.01 SALARY STEPS
Each classification has an established salary range that has either several steps or a flat
rate and may be either hourly or monthly. An employee may advance in the salary range
with annual progression through the steps based upon satisfactory performance as
determined by management. Merit pay increases are not automatic based on length of
service but are based on job performance. Salary changes are made by the Department
submitting a Personnel Action Form, approved by Human Resources and the City
Manager.
5.02 ELIGIBILITY FOR SALARY INCREASES
Regular, full-time employees are eligible for a merit salary step increase annually , to the
maximum of the established salary range.
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Regular part-time employees do not receive annual merit salary increases. Employees in
these positions are eligible for a salary increase based upon the number of hours budgeted
to work for their position, in relation to when full-time employee would be eligible for a
salary increase (i.e., one-half or three-quarter time position). For example, a one-half time
employee who works 1,040 hours/year(i.e., half time) is eligible for a salary increase upon
completion of 2,080 authorized work hours, or two years.
In order for any step increases, to be effective, the employee must receive a satisfactory
performance evaluation by the employee's supervisor, with approval by the Department
Director and City Manager. Annual salary increases are not automatic and may be
withheld in the event of unsatisfactory performance, excessive absenteeism, unsafe work
record, because of disciplinary actions within the evaluation period, or as determined by the
Department Director and substantiated through documentation.
5.03 PAYROLL DEDUCTIONS
As required by law, the City deducts applicable payroll withholdings for Social Security,
Federal taxes and Retirement. Other payroll deductions on a voluntary basis are provided
for through payroll authorization procedures, such as union dues, deferred compensation,
United Way, etc.
5.04 PAY DAYS
The City issues a paycheck every other Friday on a bi-weekly basis. The paycheck covers
the two-week (80-hour) work period ending Sunday before the payday. Employees are
encouraged to participate in direct deposit of their bi-weekly paycheck. See Payroll or
Human Resources for the paperwork to begin direct deposit.
5.05 OVERTIME (Non-Exempt Employee)
Overtime hours for regular full-time employees are authorized hours worked in excess of
eight (8) hours in a workday or forty(40) hours in a workweek. For Seasonal positions and
regular part-time employees, the non-overtime workweek is 40 hours/week, regardless of
the number of hours worked in any particular day. Refer to overtime provisions in the labor
contracts for alternative work shifts when overtime is granted, such as 10, 11, or 12 hour
work shifts.
Overtime compensation will be paid for authorized overtime hours worked at the rate of
time and one-half the employee's regular rate of pay. Assignment of overtime hours is a
management prerogative and is not voluntary. Employees may not work overtime without
advanced supervisor's approval. Refer to the labor contracts for overtime pay for unionized
employees; some overtime is paid at time and one-half and some at double time,
depending on the terms of the labor contract.
To be eligible for overtime and employee must be in a classification designated as non-
exempt per Fair Labor Standards Act(FLSA) requirements. Classes exempt from overtime
include executive, professional, and certain administrative positions. The Human
Resources Office maintains a list of exempt and non-exempt classes.
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5.06 WORK ON A HOLIDAY (Excluding exempt employees)
If a regular full-time employee (designated as non-exempt per FLSA)works on a scheduled
holiday, the employee shall be paid the overtime rate for the shift and shall receive an in
lieu holiday to be taken at a later date, subject to supervisory approval, or the City may pay
in cash the equivalent; Regular part-time employees do not receive overtime for work on a
holiday, unless they exceed forty (40) hours per workweek.
The regular part-time employee shall receive time off for the holiday based upon a pro-
ration of their annual authorized work hours. Le. A half-time employee will have 4 hours of
holiday time for a recognized holiday.
5.07 HIGHER CLASSIFICATION PAY FOR NON-REPRESENTED EMPLOYEES
(Excluding City Manager and Department Directors)
The Department Director or Division Manager may assign an employee to work in a higher
classification in the event of a position being temporarily vacant. Such assignment may be
made if the position will be vacant for a minimum of one week or more. The premium pay
shall be 5% of the employee's regular rate of pay. To qualify and be assigned higher class
pay, the employee must be granted the responsibility and authority of the higher class,
including making decisions within the normal scope of work. In the event a Department
Director documents unusual circumstances for higher class assignment, such exceptions
shall be submitted to the City Manager for variance to this policy. Higher class pay for
unionized employees is governed by the appropriate labor contract.
5.08 COMPENSATORY TIME OFF (COMP TIME) (Non-Exempt Employees)
If a Department Director elects to offer compensatory time off in lieu of cash for overtime
hours worked, and an employee elects to take comp time in lieu of cash, the rate of
earnings shall be one and one-half hours of comp time earned for each hour of overtime
worked, computed to the nearest 15 minutes.
The maximum number of hours of comp time accrued shall not exceed 80 hours. Overtime
worked in excess of this amount shall be paid in cash. In the event of separation of City
service, comp time hours accrued but not taken shall be paid in cash at the employee's rate
of pay in the classification the employee holds regular status. Prior to a promotion, accrued
comp time shall be taken off or paid in cash to eliminate this fiscal liability.
Departments are responsible for recording comp time hours accrued and taken on the
time card used for payroll. The record-keeping requirements are mandated by the Fair
Labor Standards Act (FLSA).
Employees wishing to schedule time off to use accrued comp time hours shall do so in
advance with approval of their supervisor.
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CHAPTER 6 - ATTENDANCE AND HOURS OF WORK
(Excludes City Manager and Department Directors
6.00 HOURS OF WORK
The regular workweek is 40 hours. The workday is generally 8 hours in a 24-hour period, as
scheduled by the Department, with 5 consecutive days on and 2 consecutive days off.
Each Department shall establish work schedules for employees that may vary and may
include weekends.
6.01 ATTENDANCE
Employees are expected to arrive at work in sufficient time, ready to work when the work
shift begins. Punctual attendance is required. If an employee is going to be late for work,
or absent from work, it is the employee's responsibility to notify his/her supervisor in
advance of the situation. Each Department will establish attendance notification procedures
for employees (i.e., minimum time for notifying supervisor of absence). Repeated tardiness
is subject to disciplinary action.
An employee absent from work without proper notification shall be subject to disciplinary
action and if the absence continues for three (3) or more consecutive days or shifts, s/he
shall be considered as having abandoned his/her job and may be terminated, depending
upon the circumstances of the employee's absence.
6.02 REST PERIODS & MEAL PERIODS
Employees working 8- or 10 hour shifts shall be entitled to two (2) 15-minute rest periods;
one during the first half of the shift, and one during the second half of a shift. Break times
are scheduled by the supervisor per department/division needs so as not to interfere with
City business and such breaks or meal periods shall not be accrued for use at a later time.
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 5-hour or less 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.
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CHAPTER 7 - LEAVES OF ABSENCE
7.00 VACATION (Excluding City Manager and Department Directors)
Vacation shall be earned and taken as provided for in Schedule C, for management and
Non-Represented employees or the appropriate labor agreement. For unionized
employees. Vacation may be taken, upon supervisory approval, after completing the first
six (6) months of employment. Unused vacation credits shall be paid off in cash upon
separation from City service
Except during probationary periods for promotional positions, probationary employees do
not accrue vacation and are not entitled to any vacation pay-off if they are terminated or
resign during the probationary period. After reaching regular status, the employee is
credited with the appropriate number of hours of vacation time. Regular part-time
employees earn an amount pro-rated, based upon the number of authorized hours
budgeted for the position. All vacation taken is subject to advanced supervisory approval.
All leaves described below shall run concurrently (at the same time)
where allowed by law. Human Resources and the City Attorney should
be conferred with on these leave issues where questions arise.
Under state law, all registered domestic partners are treated the same as spouses
with respect to all state family and medical leave laws, and with respect to any
supplemental or additional leave programs offered by the City. RCW 26.60.020. This
is not the case under federal law and related leaves.
7.01 SICK LEAVE (Excluding the City Manager and Department Heads) (See also
Section 7.05, Family Leave)
Sick leave is a benefit provided by the City to regular full-time and regular part-time
employees. Abuse or improper use of sick leave is subject to disciplinary action.
Sick leave is earned at the rate of eight (8) hours per month (3.69 hours bi-weekly) for all
regular full-time employees. Regular part-time employees earn an amount prorated based
upon the number of authorized hours budgeted for the position. (Fire shift employees refer
to the labor contract.)
Sick leave may be used, with advance approval of the employees Manager or supervisor ,
for illness or injury to the employee, to care for members of his/her immediate family who
have serious or emergency illness, to care for a minor child who has an illness that requires
treatment or supervision, to care for a child eighteen (18) years and older with disabilities,
or for funeral leave. Use of sick leave for funeral leave is limited to three (3) days per
incident unless additional time is approved by the Department Director. The definition of
immediate family member for purposes of this policy is spouse, registered domestic
partner, child, adopted child, foster children, step-child, parent (biological or adoptive),
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parent-in-law, grandparent, or child eighteen (18)years and older with disabilities. The City
must allow an employee to use earned sick leave if these policy provisions are met. See
Family Care Act (RCW 49.12.270) and Section 7.05 below.
See Policy Sec. 8.02 for use of accrued sick leave with worker's compensation time-loss
benefits.
An employee may not be disciplined or threatened with discipline for properly using paid
leave under this provision.
If a Department Director or supervisor has reason to believe an employee has used sick
leave improperly, the employee may be required to show proof of illness/injury by
verification from a physician. Such proof of illness may be requested for any suspected
abuse or misuse of sick leave .Ordinarily, if an employee has been absent from work due to
employee's or permitted family member's illness or injury for three (3) consecutive days, the
Department Director will ask for medical verification of the need for sick leave. Prior tothe
Department Director or Supervisor requiring the employee to produce a doctor's statement
relative to the illness or injury, Human Resources should be consulted for assistance.
Employees may use sick leave for medical, dental, vision and other related health
appointments, and should schedule such appointments to cause the least disruption as
possible to the work. When possible, appointments should be scheduled on non-work time
and before or after the work shift. Sick leave maybe used in 30-minute increments, and
recorded on the employee's time card.
7.02 MILITARY LEAVE
Military Deployment/Training Leave. Under state law, any employee of the City who is a
member of the Washington national guard or of the army, navy, air force, coast guard, or
marine corps reserve of the United States, or of any organized reserve or armed forces of
the United States shall be entitled to be absent from his or her duties with the City with full
pay for up to the equivalent of 21 regular(8 hour)work days each calendar year, beginning
October 1 and ending the following September 30. Such leave shall be granted in order
that the person may report for required military duty, training, or drills including those in the
National Guard in such manner and at such time as he or she may be ordered to active
duty or active training duty in accordance with RCW 38.40.060. Such military leave shall be
in addition to any other accrued vacation or sick leave. The employee must provide
documentation to the Department Director showing the orders to report for leave.
Such employees must additionally be granted a military leave of absence without pay for
service in the uniformed services of the United States or the state, and to reinstatement as
provided in chapter 73,,16 RCW. See WAC 357-31-370.
Upon application for reinstatement, the employee must provide a copy of his/her military
discharge papers.
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Family Member Deployment Leave:
During a period of military conflict, an employee who is the spouse or registered domestic
partner (RDP) of a member of the armed forces of the United States, national guard, or
reserves who has been notified of an impending call or order to active duty or has been
deployed is entitled to a total of fifteen days of unpaid leave per deployment after the
military spouse or RDP has been notified of an impending call or order to active duty and
before deployment or when the military spouse or RDP is on leave from deployment. Such
employee may elect to substitute any of the accrued leave available at the time of notice.
Leave shall be enforced as provided in chapter 49.78 RCW. (State Family Leave Act).
Such employee is entitled to restoration to a position of employment and to continue
benefits in the same manner as an employee entitled to leave under chapter 49.78 RCW
continues benefits. See RCW 49.77.030; 49.78.280-290. Notice must be provided within
five business days of receiving official notice of an impending call or order to active duty or
of a leave from deployment, of the employee's intention to take leave.
Military Exigency Leave:
Under federal law, an employee may take up to 12 weeks of unpaid FMLA leave for
"qualifying exigencies"that arise when the spouse, child or parent of an eligible employee
is a member of the National Guard or Reserves and is on active duty or is called or ordered
to active duty in support of a contingency operation. This also applies to any person in the
regular armed services if the service member is called to active duty for service in a foreign
country. This provision does not extend to family members of service members in the
Regular Armed Forces. 29 CFR Part 825 provides the Final Rule for the 2010 military
amendments, effective March 2013. US DOL provides guidance and basic provisions at
dol.gov.
See FMLA Sec. 7.05 below for description of eligibility requirements for FMLA leave.
Under City policy, an employee must use accrued paid leave during FMLA leave and paid
leave shall run concurrent with FMLA/FLA leave. 12 weeks remains the total amount of
time an employee can take off for FMLA leave, whether the leave be for a military qualifying
event or for a serious health condition.
"Exigency" Leave is defined as:
• Short-notice Deployment—where the covered military family member is notified of a
deployment of 7 or less days, an eligible employee may take up to 7 days of leave
for any reason to that deployment. The 7 days begins to run when the covered
family member is provided the short-notice deployment
• Military events —eligible employee may take leave to attend any official ceremony,
program or event sponsored by the military, and to attend family support and
assistance programs and information briefings sponsored by the military, military
service organizations, or the American Red Cross.
• Child care and school activities — eligible employee may take leave to arrange for
child care or attend certain school functions of the son or daughter of a covered
military family member, including leave to a.) arrange for alternative school or
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childcare; b.) provide childcare on an urgent, immediate need (not regular) basis;
c.) enrollment or transfer of a child in a new school or day care facility; and d.)
attend meetings with school or day care staff regarding discipline, parent-teacher
conference, and school counselors.
• Financial and legal arrangements—eligible employees are allowed leave to make or
update financial or legal arrangements to address the covered military family
member's absence while on active duty/call to active duty, such as preparing or
executing a will, powers of attorney, transferring bank account signature authority,
obtaining military identification cards, and securing military service benefits. Leave
is not available for routine matters such as paying bills.
• Counseling — eligible employees may use leave to attend counseling by a non-
health care provider. Leave is available where the counseling is needed by the
employee, the covered military member, or the son or daughter of the covered
military member needs counseling, provided that the counseling arises from active
duty service or call to active duty.
• Rest& Recuperation (R&R)—eligible employees may receive up to 5 days of leave
to spend with a covered military family member on rest and recuperation leave
during a period of deployment.
• Post-deployment activities—eligible employees may use leave to attend ceremonies
incident to the return of the covered military family member, including arrival
ceremonies, reintegration briefings and events, and any other official ceremony or
program sponsored by the military for a period of 90 days following the termination
of the covered military member's active duty status. It is also available for the
employee to take leave to address issues arising from the death of a covered
military family member, such as meeting and recovering the body and making
funeral arrangements.
• Additional Activities—The City and employee may agree to FIVILA coverage of other
activities which arise out of a covered military members call or service to active
duty/contingency operation. The City and employee must agree on coverage,
timing, and duration.
Caregiver Leave:
Under federal law, an eligible employee may take up to 14 weeks (in addition to the 12
weeks covered by FMLA/FLA for a total of 26 weeks) of unpaid leave in a single 12 month
period to care for a spouse, child, parent or next of kin (nearest blood relative) with a
serious injury or illness who
Is a current member of the armed forces, and
incurred serious injury or illness in the line of duty on active duty, and
• who (a) is undergoing medical treatment, recuperation or therapy, or (b) is an
outpatient or (c) is on a temporary disability retired list.
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This is to include injuries to the service person's mental health as well as physical health as
long as those injuries render the service medically unfit to perform his/her military duties.
Employees may only take a total of 26 weeks of unpaid leave in a 12 month period, even if
there is more than one FMLA qualifying event.
Military Caregiver Leave extends to both the National Guard/Reserves and Regular Armed
Forces. See US DOL website and Final Rule for details regarding notice, certification, and
serial injuries.
Maintenance of Health Benefits:
While on active duty leave, an employee may choose to retain or not retain health benefits
while on leave for him or herself and covered dependents. If the employee chooses to
retain benefits the maximum period of coverage will be the lesser of a.) the 18 month
period beginning on the date on which the employee's absence begins; or b.)the day after
the date on which the person fails to apply for our return to a position with the City.
The employee will be responsible to cover monthly premiums for him/herself and covered
dependents while on leave.
If the employee chooses to terminate health benefits while on leave, when he/she returns
the benefits will be reinstated, subject to terms and conditions and underwriting rules of the
plans.
7.03 JURY DUTY
If an employee is called for jury duty, the employee shall promptly notify his/her supervisor
of such jury duty service.
If the employee is called to sit on a jury during his/her normal work hours, the employee will
receive his/her normal salary but shall surrender to the City any pay for jury duty paid to the
employee, excluding mileage, if applicable.
When the employee is excused from jury duty, he/she shall report back to work immediately
and notify his/her supervisor that he/she is able to return to work for the balance of his/her
shift.
This section does not apply to time spent in court on personal business. Such time shall be
charged to accrued vacation, comp time, or leave without pay.
7.04 HOLIDAYS (Regular full time and Regular part-time employees)
Holidays are set forth in the appropriate ordinance or labor agreement. The holidays for
Management and Non-representative employees are:
New Year's Day Thanksgiving Day
Martin Luther King Jr. Birthday Day after Thanksgiving Day
Presidents Day Christmas Day
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Memorial Day Two (2) Floating Holidays
Independence Day
Labor Day
Veteran's Day
Two floating holidays shall be granted to eligible employees on the payroll, effective
January 1st of each year. Employees hired after July 1st shall receive one floating holiday
for the calendar year. Floating holidays may be taken in only 8-hour periods and must be
scheduled in advance with the supervisor. Police labor contract provides for 1 floating
holiday refer to Union contract.
7.05 FAMILY MEDICAL LEAVE
Federal Family Medical Leave Act (FMLA) and Washington Family Leave Act( FLA)
(RCW 49.78)
The Washington Family Leave Act (FLA) is the State's version of the federal Family and
Medical Leave Act(FMLA). The federal law supersedes where the provisions are identical.
Under the federal Family and Medical Leave Act(FMLA) and the State's Family Leave Act
eligible employees are entitled to receive up to 12 weeks of unpaid leave in a twelve month
period when such leave is for a qualifying event as described below under Entitlement to
Leave. The leave available under these two statutes runs concurrently. The twelve weeks
of FMLA/FLA leave will commence when an employee has been absent for three (3)
calendar days from the occurrence of a FMLA/FLA qualifying event. However, an
employee who has no leave available may request FMLA/FLA leave from the first day of a
qualifying event.
Eligibility for FMLA Leave:—An eligible employee is defined as:
• An employee who had worked for the City for a total of at least 12 months (the
months need not be consecutive, but employment prior to a continuous break in
service of seven years or more need not be counted unless the break in service is
(1) due to an employee's fulfillment of military obligations, or (2) governed by a
collective bargaining agreement or other written agreement);
• The employee has worked at least 1,250 hours in the previous 12 months (excluding
all leave taken); and
• The City employs at least 50 employees within 75 miles of the employee's work
location.
Entitlement to Leave:
An eligible employee may take up to a total of 12 weeks of paid or unpaid FMLA/FLA leave
during a 12 month period, defined below, for one or more of the following reasons:
• Birth of a child and to care for the newborn child within one year of birth;
• The placement of a child by adoption or foster care and to care for the newly placed
child within one year of birth;
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• To care for an immediate family member(spouse, registered domestic partner(FLA
only), child or parent (not in-law)) with a serious health condition (see DOL website
and regulations for definitions and examples of serious health condition);
• When the employee is unable to work (perform essential functions of job) because
of a serious health condition including work related injuries;
• Any qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is a covered military member on "covered active duty" (National
Guard, Reserves, or Regular Armed Forces);
Intermittent leave may be allowed if certified as medically necessary. The employee must
reasonably coordinate with the immediate supervisor so as to not unduly disrupt work
operations. The details of taking leave in separate blocks of time for a single qualifying
event or on a "reduced leave schedule" is subject to approval of the City. Agreement for
such leave is dependent upon approval by the Department Director working with Human
Resources and factually governed by the details of the medical certification and the City's
operational needs.
Leave for recurring medical appointments must be scheduled in advance following City
policy and applicable collective bargaining agreements. See regulations and
www.dol.gov/whd/regs/cpmpliance/1421.htm for more detail. Military FMLA Exigency or
Caregiver Leave: Alternatively, an eligible employee may take up to 12 (twelve) weeks of
exigency leave or a total of 26 (twenty-six) weeks of caregiver leave during a single 12
month period to care for a covered service member with a serious injury or illness if the
eligible employee is the service member's spouse, son, daughter, parent, or next of kin.
See Policy Sec. 7.02 above regarding state military leave provisions and FMLA exigency or
caregiver provisions.
Under City policy, an employee must use accrued paid leave during FMLA leave and paid
leave shall run concurrent with FMLA/FLA leave; during FMLA/FLA, paid family medical
leave shall be charged to accrued sick leave, accrued compensatory time, accrued
vacation time and floating holidays. Unpaid leave as family leave may be authorized only
after the exhaustion of all forms of available paid leaves above.
In the event an employee and spouse (FMLA/FLA) or registered domestic partner (FLA
only) both work for the City, under FMLA/FLA, they are entitled to a combined total of 12
weeks of family leave for the birth of a child or placement of a child for adoption or foster
care, and to care for a parent who has a serious health condition. However, Federal law
does not extend family medical leave protection to domestic partners; once 12
weeks of FMLA leave are exhausted, a new state law family leave qualifying event
will not add more leave (FLA leave ran concurrent).
In a different scenario, if FLA leave is used for caring for a registered domestic
partner, then later in the same 12 month period FMLA could still be used for a
qualifying event (FMLA leave was not triggered in first event). WAG 357-31-520.
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Notice of Leave:
All requests for family leave require the approval of the employee's Department Director
working with the Human Resources Manager, and completion of the City's request form.
Medical certifications and other medical information should be provided directly to Human
Resources.
An employee planning to take foreseeable family leave must notify their immediate
supervisor thirty (30) days in advance of the anticipated date of delivery or placement for
adoption or foster care, planned treatment for an employee, or the employee's child,
spouse, registered domestic partner (FLA only), or parent stating the dates the employee
intends to take family leave. Written notification is preferred.
For planned absences that the employee knows about well in advance, the employee is
required to notice the Human Resources Manager immediate supervisors soon as the
employee knows about the anticipated leave of absence. This notice allows the Department
to plan for the absence and adjust work schedules or take other related actions to
accommodate the leave and continue with normal services. For leave that is not
foreseeable, the employee should notify the immediate supervisor within one or two days of
learning of the need for the leave.
Medical Certification:
An employee shall request family leave on an approved City request form and provide a
certification from the qualified healthcare provider. See DOL Form WH- 380-E or WH-
380-F as an example of such a medical certification form. Submission of the medical
certification should be made at the time of application but shall be submitted no later
than 15 calendar days after application is made. Failure to provide the medical
certification within the required 15 days after application, when the leave was
foreseeable, may be cause to deny family leave until such time as an acceptable
medical certificate is provided to the City. The medical certification can be obtained from
the Human Resources Department.
The medical certification must provide complete and sufficient detail, as requested on the
form and consistent with the FMLA regulations, to document the employee's diagnosis,
what the medical disability includes relative to the employee's essential functions, expected
duration, and other relevant information requested on the medical certification form. The
form will be considered insufficient if applicable entries are not completed or if the entries
are vague, unclear or unresponsive. The City reserves the right to require at its own
expense, a second medical certification for second opinion if the medical certification is not
completed fully, lacks sufficient information, or for other legitimate reasons as determined
by the City and consistent with the FMLA regulations. A third opinion may be sought if
there is a conflict between the first and second certifications. See FMLA regulations for
details
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The City has the right to require (1) recertification every 30 days in the case of an
employee's absence form work or after the minimum duration for leave expires, and (2)
when the employee is expected to return to work, a medical "fitness for duty" certification
from the doctor for a full release to return to work. A recertification before 30 days has
expired may be requested for specific changed circumstances. See FIVILA regulations for
details regarding recertification generally.
For employee absence due to a workers'compensation (L&I) claim,the medical information
provided by the healthcare provider to the City or the third party administrator will be in
addition to the FIVILA medical certification form described above. In other words, if a work-
injured employee requests a leave of absence, an FIVILA certification form is required in
addition to the Prescription Activity Form from the employee's occupational injury treatment
provider. See Policy Sec. 8.02.
Maintenance of benefits:
During periods of family leave, the City will maintain employee and dependent health
coverage under the health plan which the employee was enrolled at the time leave
commenced and shall make premium payments at the same level as was made prior to
leave commencement. The employee will continue to pay the employee contribution
portion of the medical premium. If on unpaid status, the employee will reimbursement the
City for the employee contribution on a monthly basis per procedures established by the
Finance Department. Should the employee fail to return to work at the conclusion of
authorized family leave, the City may recover any premiums paid for maintaining health
coverage under this section, unless the reason is the continuation, onset, or recurrence of a
serious health condition, or other circumstances beyond the employee's control.
Employees who no longer qualify for medical coverage paid by the City may apply for
continuation of coverage under COBRA..
Job Restoration:
Upon returning from leave an employee must be restored to his or her original job, or to
anotherjob with equivalent pay, benefits, and other employment terms and conditions. The
City requires that when an employee returns to work that they provide a medical "fit for
duty" certification for a full release to work, or if modified duty is requested, a release
identifying the medically necessary work restrictions for the City to consider (see
certification section above, and Sec. 3.12). However, employers are not required to
reinstate employees who:
• Would have been laid off or otherwise had their employment terminated had they
continued to work during the leave period (i.e.: Layoff), or
• Give notice that they do not intend to return to work, or
Are unable to return to work and have exhausted their weeks of leave in the designation
12 month period"; if an employee is unable to perform the essential functions of the
position upon expiration of the 12 week FIVILA leave, the employer must engage in the
interactive process under disability law to determine if a reasonable accommodation may
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allow the employee to perform the duties of the position (Human Resources and the City
Attorney should be consulted);
An employee's use of leave cannot result in the loss of any employment benefit that the
employee earned or was entitled to before using leave.
Definition of Serious Health Condition:
Serious health condition means an illness, injury or impairment or physical or mental
condition that involves:
• any period of incapacity or treatment connected with inpatient care (e.g. an
overnight stay) in a hospital, hospice, or residential medical-care facility
• any period of incapacity requiring absence of more than three (3) calendar days
from work, school, or other regular daily activities that also involves either 2 visits to
a medical provider within 30 days, or 1 visit to a medical provider within 7 days plus
continuing treatment by (or under supervision of) a health care provider; or
• continuing treatment by(or under supervision of) a health care provider for a chronic
or long term health condition that is incurable or so serious that if not treated, would
likely result in a period of incapacity of more than three (3) calendar days, plus two
visits to a health care provider in a year; or
• prenatal care.
Designation of twelve (12) month period:
FMLA and FLA provide that any eligible employee can take unpaid or paid job-protected
leave during any 12-month period. The City will calculate the 12-month period
determination as follows:
• a "rolling" 12-month period measured backward from the date an employee uses
family medical leave.
Leave Laws for Pregnancy Related Sickness or Temporary Disability("in addition to"
FMILA pregnancy leave) and Related Issues (BRENDA, please review)
A healthy pregnancy is not considered a disability under state or federal law. However,
pregnancy related medical conditions can arise. Under Washington State law (WAC 162-
30-020), pregnant employees are entitled to additional unpaid leave for the period of time
that the female employee is sick or physically disabled due to a pregnancy or childbirth.
Any such disability period must be certified by the treating medical provider as medically
necessary. WAC 162-30-020 leave does not apply when the qualifying event is the
placement of a newborn by adoption or foster care.
Disability leave due to pregnancy and/or childbirth may be a combination of sick leave,
vacation leave, personal holiday, compensatory time, and leave without pay. The
combination and use of accrued paid and unpaid leave must be per the choice of the
pregnant employee. WAC 357-31-515
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If eligible for state FLA, the FLA leave runs consecutive to the pregnancy disability leave
required under WAC 162-30-020; FLA leave begins after the disability leave ends.
Pregnancy disability leave runs concurrent with the FIVILA leave. Pregnancy disability leave
extends the 12 weeks of leave allowed under state law for the duration of the pregnancy
related physical disability. (Ordinary FIVILA/FLA non-pregnancy qualifying conditions
provide concurrent leave.)
For example, if there is a pregnancy related physical disability under WAC 162-30-020,the
disability period runs concurrent with FIVILA leave, and the FLA leave under state law does
not begin until after the disability period ends. This means that a pre-birth disability period
(e.g, bed rest) could run for 12 weeks (or 6 weeks pre-birth and 6 weeks post-birth recovery
period) followed by 12 weeks of FLA leave (24 weeks total). Also, a post-birth disability
period (e.g., cesarean section) could last for 4-6 weeks followed by 12 weeks of FLA leave
(18 weeks total). See Washington Labor and Industries FLA and pregnancy discussion on
L & I website and www.hum.wa.gov/FAQ/FAQPregnancy.htmi.
http://lni.wa.gov/WorkpIaceRights/fiIes/FamilyLeaveFAQs.pdf
Compensation and Maintenance of Health Benefits while on leave:
All policy and practice related to other non-work related sickness or temporary disability
shall apply equally to pregnancy related sickness or temporary disability (i.e. paid leave
provisions, medical certifications, benefits, and combination with other leave).
Under federal and state law, all leave policies must apply equally to pregnancy related
sickness or disability leave.
Duration of Leave and Return to Work:
The duration of the pregnancy related disability leave is based on medical necessity as set
out in a physician's certification and is typically six to eight weeks, unless there are medical
complications. Additionally, Washington Law against Disability Discrimination also includes
"temporary disabilities" as a condition subject to the law on reasonable accommodation,
which may include a medical provider's request for a reasonable period of unpaid leave, or
a temporary light duty accommodation. See Policy Sec. 3.12 &7.06 (RCW 49.60). Human
Resources and the City Attorney should be conferred with on this issue.
Job Restoration:
An employee returning from a pregnancy disability leave under state law, and medically
cleared to perform her duties, must have her job restored or return to an equivalent job with
the same pay unless justified by adequate facts concerning business necessity. Under
federal law, the Pregnancy Discrimination Act requires job restoration to the same extent
that other employees with temporary disabilities are returned to the same position.
Extended leaves and requests far job accommodation upon return from leave are subject to
reasonable accommodation analysis under disability law.
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Breastfeeding Upon Return to Work:
The City will comply with the FLSA and state law regarding reasonable breaks and
approved non-bathroom location to express milk for a newborn (RCW 43.70.640). The
Patient Protection and Affordable Care Act ("Affordable Care Act") amended section 7 of
the Fair Labor Standards Act ("FLSA") to require employers to provide reasonable break
time for an employee to express breast milk for her nursing child for one year after the
child's birth each time such employee has need to express the milk. Employers are also
required to provide a place, other than a bathroom, that is shielded from view and free
from intrusion from coworkers and the public, which may be used by an employee to
express breast milk. See DOL website information for additional guidance.
http://www.dol.gov/whd/regs/compliance/whdfs73.htm
For detailed reference regarding issues related to pregnancy, refer to:
1. Federal Pregnancy Discrimination Act (PDA),
2. Federal Family Medical Leave Act (FMLA) Policy Sec.7.05,
3. Family Leave Act— RCW 49.78, Policy Sec.7.05
4. Discrimination - Human Rights Commission — (RCW 49.60),
5. Pregnancy, childbirth, and pregnancy related conditions — WAC 162-
30-020,
6. Applicable Collective Bargaining Agreement (CBA),
8. Reasonable Accommodation — ADA; WLAD (RCW 49.40),
9. Breastfeeding at Work — FLSA and RCW 43-70)
Leave for domestic violence, sexual assault and stalking
Any City employee is authorized reasonable unpaid leave from employment, in either
continuous blocks of time or intermittently, or continued employment on a reduced work
schedule, when the reason for the leave is one or more of the following (RCW 49.76):
• An employee seeks assistance from a lawyer or law enforcement to prepare for
or participate in a civil or criminal legal proceeding related to incidents of
domestic violence ("DV), sexual assault, or stalking that involved either the
employee or a family member of the employee,
• An employee seeks or attends treatment for physical or mental injuries of the
employee or a family member caused by domestic violence, sexual assault, or
stalking,
• An employee obtains services from a domestic violence shelter, rape-crisis
center, or similar facility for the employee or a family member for relief from the
DV assault, or stalking,
• An employee obtains mental health counseling for DV assault or stalking for the
employee or family member of the employee who has been a victim, or
• An employee participates in safety planning or relocation for the employee or a
family member to increase safety from future DV assault or stalking.
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"Family Member" includes child (biological, adopted, foster or stepchild), spouse, registered
domestic partner, parent, parent-in-law, grandparent, or person the employee is dating.
RCW 49.12.265 for additional definitions.
Notice of Leave:
Employees are required to give advance notice of the need for leave consistent with this
policy and the provisions of state law if possible. If the situation does not allow for advance
notice the employee must notify the City no later than the end of the first day the employee
takes leave.
Upon request, the employee must provide verification with a reasonable time before or after
the leave. Verification includes (RCW 49.76.040 (3) & (4)):
A.) Police Report,
B.) Court order of protection,
C.) Documents supporting a court appearance,
D.) Statement from a domestic violence advocate, attorney, clergy member, or
medical professional, or
E.) An employee's written statement.
The content of the verification document shall comply with the purpose of this policy
provision and the substance directed in state law (RCW 49.76). Information provided by
the employee as provided herein will be maintained as a confidential document to the
extent provided by law, will be subject to Public Disclosure Law, and will not be further
disclosed except as required by law or legal process.
Maintenance of health benefits:
To the extent allowed by law, an employee will retain their health insurance benefits while
on leave, the same as while working.
Compensation while on leave:
An employee may use accrued paid leave to receive compensation while on leave.
Employee is not compelled to use accrued leave. An employee can maintain their leave
banks for other uses.
Job Restoration:
Employee is entitled to job restoration at the end of the leave. The City will restore the
employee to the same position or equivalent position in pay, benefits, terms and condition.
This requirement does not apply to temporary employees or employees hired to work on a
limited term project that was completed before or during the leave. Details regarding
restoration exceptions are found in RCW 49.76.050 (3).
Potential Interplay with FMLA/FLA:
Once placed on leave for domestic violence, sexual assault or stalking as described above,
if an employee has a serious health condition or needs to provide care to a qualifying family
member with a serious health condition related to the DV assault or stalking, the FMLA/FLA
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provisions above may apply and the employee may be placed on concurrent Family
Medical Leave if eligible.
Family Care Act:
Under the Washington Family Care Act (RCW 49.12.270; WAC 296-130-030) employees
may use their choice of earned sick leave or other paid time off to care for a child
(biological, adoptive, foster, step-child) with a "health condition" or a spouse, registered
domestic partner, parent (biological or adoptive), parent in-law, or grandparent of the
employee with a "serious health condition" or "emergency condition," or a child eighteen
(18) years and older with disabilities. The Family Care Act allows the use of earned sick
leave or paid time off for the employee to care for parents' in-law and grandparents; these
family members are not covered under the Family Medical Leave statutes. To see full
scope of permissible use of leave, see definitions found in RCW 49.12.265;WAC 296-130-
020. The applicable collective bargaining agreement and policy must be followed except
an employee may use any accrued paid leave under this provision.
If the need for sick leave or other paid time off is also covered by the FMLA, the FMLA
policy and law also applies and the leave shall run concurrently.
An employee may not be disciplined or threatened with discipline for properly using paid
leave under this provision. See sick leave policy above, Sec. 7.01. The City may require
medical verification regarding the need for use of paid sick or other paid leave as set out in
Sec. 7.01 above.
Care of a healthy newborn is not covered under this provision. Refer to FMLA provisions
above, this section.
7.06 LEAVE OF ABSENCE WITHOUT PAY
A leave of absence without pay is permitted by the City under certain circumstances as
required by law(see Leave Policy Chapter 7 set out above)or as provided by management
discretion. A leave of absence by management discretion should be requested only after
all other paid leave benefits are exhausted. The City reserves the right to approve, modify,
or deny any leave of absence without pay request except as required by law.
Generally speaking, while on a discretionary leave of absence without pay, the employee
does not accrue any paid leave benefits and is required to pay for continuation of their
health benefits, unless the law provides otherwise. (See statutorily protected leaves (Policy
Ch.7)). Human Resources will assist the employee concerning their options for continued
health coverage.
A leave of absence without pay may be extended by the City to regular full-time and regular
part-time employees, for specific periods of time, on a case-by-case basis. Such leaves
may be granted, as required by law, as a reasonable accommodation for employees with
temporary disabilities under federal or state disability law, for personal or educational
reasons, or as medical leave for employees not covered by the FMLA/FLA.
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An administrative leave of absence without pay may also be provided at the sole discretion
of the City Manager while a disciplinary allegation is under investigation. An administrative
leave of absence pending a disciplinary investigation may be set in motion by the verbal
request of a supervisor or Department Director.
Ordinarily, a discretionary leave of absence without pay must be requested in writing on the
Leave of Absence Request Form, obtained from Human Resources, and submitted to the
Department Director as soon as the need for such leave is known. The request shall
contain the reason for the leave and the expected duration of the requested time off,
together with the date the employee will return to work. If the basis for the leave is related
to a medical condition, the City may request a medical certification explaining among other
items the need for leave, prognosis, and expected duration of the medical leave.
The employee's City anniversary date of employment shall be adjusted equal to the
duration of the leave of absence, if such leave extends beyond thirty (30) days.
Failure of the employee to return from an approved leave of absence without pay or make
other arrangements acceptable to the City Manager shall ordinarily result in termination of
the employee, unless unique circumstances exist, as determined by the City Manager.
7.07 DONATION OF PAID LEAVE
This policy shall apply when a regular full-time employee or regular part-time employee has
exhausted all forms of paid leave (i.e., vacation, sick leave, holidays, and comp time)
because of a catastrophic illness or catastrophic injury affecting the employee or eligible
dependent. The policy will not apply to an employee on Worker's Compensation benefits
or receiving long-term disability (LTD) benefits or any other form of compensation. The
application of this policy is subject to the discretionary approval or disapproval of the City
Manager per the process described below. Donated time for any employee shall expire
upon the return of the employee with the following caveat:
The employee who receives donated time, and returns will have 40 hours of remaining
donated time remaining on the books for incidental use. A catastrophic illness/injury is one
which is likely to result in an extended disability of several continuous weeks or more,
based on medical evidence as provided by a physician's certification. The donation of the
leave is intended to assist an employee during the 90-day waiting period before the long-
term disability benefits begin. An employee cannot receive donation of leave time in
excess of three months and only once in a 12 month period.
In the event a medical situation occurs where an employee needs donated paid leave from
other employees, the Department Director will notify the Human Resources Office, which
will then post a notice that donation of paid leave time is needed to assist another
employee. H.R will coordinate the process with payroll and be the contact for the employee
on any matters related to their leave. This is to ensure privacy and confidentiality.
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If an employee wishes to donate a portion of his/her accrued paid leave (i.e., sick leave,
vacation, comp time or floating holiday time) to another employee, the employee will
complete the donated time form and submit it to HR or Payroll. . The Human Resources
Manager shall have the authority to approve or deny the donation, based on the following
factors:
1. The nature of the extended illness or injury to the employee to determine if it meets
eligibility for donated time.
2. The historical use of sick leave by the employee receiving the donation. If the
employee has misused or has a record of abusing sick leave usage, the request may be
denied.
3. A physician's verification of the extended disability.
Appeal Process: If the Human Resources Manager denies the request for donated time,
the employee may appeal the matter to the City Manager for review.
The donation, if approved, shall be on an hour-for-hour basis without any salary
conversion. 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 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 for the transfer of paid leave time.
CHAPTER 8 — WORKERS COMPENSATION AND LOSS CONTROL
8.00 PURPOSE
It is the policy of the City of Port Angeles to provide a safe work environment, as required
by law, for all employees.
The City of Port Angeles' Safety Program requires all employees to perform their assigned
work as safely as reasonably possible. The success of this program necessitates
cooperation from every employee in each City department.
The Department Directors and Division Managers are responsible for implementing safety
policies as they apply to workers in their Departments/ Divisions, as well as the general
public affected by their work.
Each employee is responsible for following the safety policies in the completion of his/her
assigned duties, for his/her own personal safety and the safety of his/her fellow employees,
the general public, and City property.
Additionally, every employee shall be evaluated on safety practices and habits applicable to
his/her job performance.
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8.01 REPORTING OF ACCIDENTS INVOLVING CITY VEHICLES OR EQUIPMENT
All accidents to employees or the public involving City vehicles or equipment, regardless of
severity, must be reported on the City"Report of Accident/incident or Damage/Injury" report
form and delivered to the Human Resources Office within 24 hours. These forms are
available from your supervisor or Human Resources. .
The employee's supervisor is responsible for making sure that the accident report is
completed, and ensuring that it includes photographs of the scene, if appropriate, and
witness statements containing names, addresses and phone numbers, and other relevant
information. All vehicle accidents involving city vehicles or employees must be reported to
the Police Department for officer investigation.
The supervisor must make an immediate investigation, as complete as the situation
warrants. The supervisor shall be responsible for obtaining damage estimates. Equipment
Services will assist in determining damage estimates and repairs to city vehicles. .
8.02 REPORTING ON-THE-JOB INJURIES -WORKER'S COMPENSATION
Employees injured on the job are covered by worker's compensation benefits in
accordance with State laws. This program covers medical expenses and time loss benefits
approved by the State. (RCW 51.28)
In the event of an injury, the employee must advise his/her supervisor immediately so that
proper medical attention can be obtained and the "Employee and Supervisor Report of On-
The Job Injury" is completed the same day of the injury and forwarded to Human
Resources.
If medical attention is necessary or the employee misses work as a result of the
injury, the employee and supervisor must complete the SIF-2 (Self Insured Accident
Form)from Human Resources. Employee and supervisor should complete the form,
and the employee should report the claim number to the healthcare provider for
billing purposes. Both forms should be returned to Human Resources for
processing as soon as possible.
If the employee misses work because of the injury (called 'time loss'), the employee must
provide a 'return to work' form from the doctor prior to returning to work. If the employee
misses three (3) or more days of work, the worker's compensation program will pay
approximately 60% of the employee's salary for time loss.
The employee must use accrued sick leave time with the time loss benefits equal to
his/her regular salary. If the employee misses less than three days of work, s/he shall
use accrued sick leave. See details in L & I website.
http://lni.wa.gov/ClaimsIns/Claims/Benefits/TimeLoss/defauIt.asp
When the employee receives the first time loss check, he/she shall meet with Payroll to
select one of the following options: a) turning the check into the City for sick leave credit
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and to receive a regular paycheck, or b) keeping the check and receiving only the accrued
sick leave portion from the City. Questions regarding these options should be directed to
Human Resources.
Extended leaves of absence due to a work-related injury may be subject to disability
reasonable accommodation and hardship analysis under state or federal law. Leaves of
absence due to work related injuries are also subject to the FIVILA/FLA Policy Sec. 7.05
where applicable. Consult with Human Resources and the City Attorney.
If the employee is released by a medical provider for light duty work, the department will
determine whether or not temporary light duty work is available, whether the employee's
medical restrictions can be accommodated, and the duration that such light duty work may
be available. See Policy Sec. 3.12.
No return to work will occur without the employee providing an Activity Prescription Form
("APF")from the treating occupational injury medical provider. Until the doctor releases the
employee to full duty, the employee is required to submit APF 'return to work' forms to
his/her supervisor after each doctor's visit, who will forward the original to Human
Resources.
Employees or supervisors shall direct questions about the worker's compensation
process to Human Resources, or questions related to pay to Payroll in the Finance
Department. See L & I website for return to work details.
http://www.Ini.wa.gov/Claimsins/Insurance/injury/LightDuty/
8.03 EMPLOYEE RESPONSIBILITY
Each employee has a responsibility to assist with the City's safety program, including but
not limited to the following:
A. Comply with and keep informed of necessary safety work rules, regulations, and
practices.
B. Use required safety Personal Protective Equipment(PPE)on equipment and around
machinery, such as proper shoes, ear and eye protection, hardhat, respirator, etc.
C. Report all injuries and accidents to his/her supervisor as soon as possible,
regardless of the severity.
D. Report to the supervisor when the employee is taking any prescribed drugs that may
affect the employee's ability to safely perform his / her job.
E. Report any unsafe conditions or acts, near misses, and other safety concerns
immediately to his/her supervisor.
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F. Wear a seatbelt while operating City vehicles, as required by law and do not talk on
cell phones while driving, except for hands-free devices, approved by the City.
G. Actively participate in City wide and departmental safety training and safety
programs.
8.04 SUSPENSION OR REVOCATION OF DRIVERS LICENSE
An employee whose job duties includes operating a City vehicle and whose drivers license
has been disqualified, suspended or revoked for any reason must immediately notify
his/her supervisor. Any employee who fails to provide such notification or operates a City
vehicle without possessing a valid driver's license, will be subject to discipline. Loss of a
Commercial Driver's License may result in termination of employment if a CDL is an
essential job function.
Supervisors shall ensure that all employees are informed of this policy.
8.05 PREVENTION OF WORKPLACE VIOLENCE
The purpose of this policy is to provide management and employees with guidance should
they encounter a situation they believe may result in violence, and to provide information
and training to management and employees to help minimize the risk of injury or harm that
may result from violence in the workplace. Workplace violence is any verbal or physical
action that is communicated or perceived as a threat, harassment, abuse, intimidation or
personal contact that produces fear, causes bodily harm or damages property. It may
involve employees, family, strangers or customers. Because of the risk of misunderstanding
it may also include joking about violence. This description is not all-inclusive.
The City of Port Angeles will not tolerate any acts of violence to persons or property, or
harassment of any employee or member of the public while in City offices, facilities,
vehicles or work sites. The City recognizes that many incidents of violence represent a
personal crisis that an individual is unable or unwilling to solve alone. The City shall
provide the affected employee with resources as assistance to help resolve the issues to
prevent escalation and enable continued productive employment.
All employees are responsible for their personal conduct and behavior and will not
participate in any acts of violence, inappropriate behavior such as fighting or assaulting a
co-worker or customer, using profanity or other abusive language, or using threatening or
intimidating behavior in the workplace on City premises. City employees are not permitted
to carry weapons in the workplace, including knives in excess of a 2 1/2 inch blade,
dangerous or flammable chemicals or liquids, or other object intended to injure or harm.
This policy excludes normal work tools or duty firearms in the case of sworn police officers.
A City employee's possession of firearms or other weapons on City property (unless
required as a condition of employment) is prohibited; however, one exception is allowed.
This one exception is if an employee has a personal and lawful weapon, which is locked
and out of sight at all times inside their vehicle while on City property. This weapon may
not be removed from the locked vehicle for any reason while on City property.
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All employees should promptly report to management any threatening or dangerous
conduct occurring within the workplace. The manager will report the incident to Human
Resources and the appropriate department head. Employees should additionally notify
management of a court-issued restraining order filed on behalf of an employee that
prohibits the subject of the order from contacting the employee at work. City.
If an employee is victim or witness to any acts of violence by another employee or member
of the public, or if they fear they may become involved in an act of violence, they shall
immediately report the event to their supervisor and Human Resources (and if criminal to
the Police Department). In the event the incident involves the employee's supervisor, the
report of the incident should be to the next level of management.
As soon as possible after a verbal report, the employee should make a written report (file a
complaint) and turn it in to their supervisor promptly (with copy to Department Head and
Human Resources). This complaint shall explain the nature of the issue and description of
the facts, names of involved, any witnesses, and include dates, times, location.
Employees engaging in any form of workplace violence as described in this policy will be
subject to discipline up to and including termination.
An employee may be removed from the workplace temporarily and placed on administrative
leave while the allegations that the employee violated the workplace violence policy are
investigated. While on administrative leave the employee is required to check in each day
with the employer by phone, and remain accessible to the employer (unless vacation/sick
leave had been approved prior to placing the employee on administrative leave). While on
administrative leave, the employee is not permitted to be in the workplace or on the
employer's premises.
All employees have access to the City Employee Assistance Program (EAP)for confidential
professional assistance. This program can provide employees with advice, evaluations,
diagnoses and treatment plans.
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CHAPTER 9 - STANDARDS OF EMPLOYEE CONDUCT AND DISCIPLINE
(Excluding City Manager, Probationary and Temporary Employees all of whom are at-will
employees)
9.00 PURPOSE:
Standardized rules of employee conduct and disciplinary procedures are necessary to
ensure fair and equitable treatment of employees. These procedures are established so
that all employees and supervisory personnel are aware of the rules of conduct in the
workplace and employee discipline.
The intent of this procedure is to provide such employees a pre-disciplinary review process
which includes (a) verbal or written notice of the intent to discipline; (b) an explanation of
the evidence and charges against the employee; and (c)an opportunity for the employee to
respond to the charges.
This pre-disciplinary review process is intended to be informal. Exclusions from this pre-
disciplinary review process are (a) verbal reprimands; (b) performance evaluations; and (c)
written reprimands that do not result in loss of pay or benefits.
An employee is entitled to a pre-disciplinary meeting to review the evidence and
documentation which will result in disciplinary action as well as the right to respond verbally
and/or in writing to the charges brought against him/her. However, these procedures do
not limit additional disciplinary action or evidence, if additional facts/evidence become
subsequently available at a later date. The pre-disciplinary meeting is an informal meeting,
including the employee, his/her representative, if any, the Department Head and
employee's supervisor, and others as determined by the Department Head.
After conclusion of the informal meeting, the Department Head will determine whether to
proceed with the disciplinary action or amend his action accordingly. Such a decision may
occur at the meeting or following the meeting, if additional time is needed. Exceptions to
entitlement to the pre-disciplinary meeting are (a) verbal reprimands; (b) performance
evaluations; and (c) written reprimands that do not result in loss of pay or benefits.
9.01 REPRESENTATION
During any meetings between a supervisor/manager with an employee involving
disciplinary action or when such action may reasonably be expected, the affected
employee has a right to representation on his/her behalf. Such representation is generally
by a union officer, shop steward, or union business agent. Management will make an effort
to comply with a request by an employee for representation prior to discussions or
implementation of disciplinary action unless circumstances require immediate action.
9.02 RIGHT OF APPEAL
Employees may appeal disciplinary action according to the procedures applicable to them.
Non-represented administrative and management employees shall use the Complaint
Resolution Procedure set forth in Chapter 10. Represented employees shall use the
grievance procedure in their collective bargaining agreement.
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Police and Fire Department Civil Service employees may appeal disciplinary actions that
involve loss of pay or benefits to the Civil Service Commission., except sworn police
officers are covered by the terms of the labor contract not civil service. An employee shall
request an appeal within the time frame provided in the applicable policy, agreement or
statute. Failure to file such an appeal within this time period shall result in denial of the
appeal as untimely and forfeits any right to appeal the disciplinary action.
9.03 CAUSES FOR DISCIPLINARY ACTION
The following list provides examples of conduct that may result in disciplinary action, up to
and including termination. This list is not exhaustive; other conduct that is detrimental to
the interests of the City may also result in disciplinary action.
A. Excessive, unexcused tardiness, or excessive absenteeism in violation of the City's
leave policies.
A. Violation of the City's workplace harassment or retaliation policy.
B. Violation of the City's workplace violence policy.
D. Conviction of any criminal act, including any felony or misdemeanor that adversely
impacts the City, reflects poorly on the City, or negatively impacts the employee's ability to
effectively perform the job.
E. Conduct unbecoming an employee in the public service on or off duty,which adversely
affects the employee's performance, reflects poorly on the City, or negatively impacts the
effectiveness of the City's service to the public.
F. Performance that does not meet City standards, as determined by management
through the performance evaluation process.
G. Insubordination.
H. Violation of the City's substance abuse or drug free workplace policy
I. Neglect of duty.
J. Negligent or willful damage to public property, or waste of public supplies or equipment.
K. Violation of any lawful or reasonable regulation or order made and given by a
supervisor.
L. Misrepresentation in securing employment.
M. Dishonesty, including but not limited to falsification of records, time cards, or other work
activity records; this includes theft of money, time, or property of the City.
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N. Discourteous treatment of the public or other employees.
O. Willful violation of any City rule, regulation, policy, procedure, or safety practice.
P. Failure to report an accident or falsely filing a report concerning an injury, accident, or
other related incident.
Q. Smoking in nonsmoking areas or in City vehicles.
R. Sleeping on the job.
S. Violation of the any of the City's Personnel Policies and Procedures.
T. Misconduct of any kind.
CHAPTER 10 - SUBSTANCE ABUSE AND DRUG TESTING POLICY
The City of Port Angeles is committed to maintaining a drug and alcohol free work
environment. The misuse of drugs or alcohol by employees is a threat to the public welfare
and the safety of employees. Accordingly, employees are strictly prohibited from
possessing, selling, consuming, or being under the influence of any drug (except as
authorized by a physician) or alcohol while on City property, in City vehicles, or engaged in
City work.
If you are taking prescription drugs that may make you drowsy or impair your mental
functioning, you must inform your supervisor so that s/he can make sure such drugs will not
affect your ability to perform your job safely and effectively. The City of Port Angeles
provides no exception for"medical marijuana." The possession of marijuana is still a crime
under federal law and may not be possessed in the workplace. If medical marijuana is
being prescribed to an employee under state law, a medical certification is required to be
provided to the supervisor to assure the use of the drug will not impair your ability to safely
and effectively perform your job. Any violation of this policy will result in discipline, up to
and including immediate termination.
The City encourages employees with drug or alcohol problems to come forward and seek
help. If you have a drug or alcohol problem, and discuss it with management before it
affects your performance or is discovered by management, the City will refer you to a
treatment program and if possible, hold your job for your return. Under those
circumstances, you will not be disciplined unless you fail to successfully complete the
rehabilitation program or test positive for drugs within two years of completing a program.
Drug and Alcohol Testing
The city complies with federal law requiring drug and alcohol testing of employees who hold
Commercial Driver's Licenses ("CDL"). Testing will be done in a manner that assures
accuracy, reliability and privacy. CDL applicants will be tested prior to employment. Failure
to pass will disqualify an applicant from employment.
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CDL employees will be tested when there is reasonable cause to suspect impairment
based on objective facts and circumstances, after involvement in an accident in a City
vehicle where their performance could have contributed to the accident, randomly as
selected by a computer selected list supplied each month, and upon return to duty after a
previous positive test result.
Any CDL employee who is convicted of driving under the influence or violation of a drug
statute must notify the City within five days of conviction.
Analytical urine testing will be conducted for marijuana, cocaine, opiates, amphetamines
and phencyclidine. A positive test will be confirmed through Gas Chromatography/Mass
Spectrometry testing. Alcohol testing will use evidential breath testing devices. A positive
test result will result in a second test a short time later. Any alcohol test greater than 0.02
will be considered a positive test. A Medical Review Officer will review all positive test
results.
Further details regarding drug testing will be provided to CDL employees during new
employee orientation. It is the intent of this policy to incorporate any changes in Federal
and State laws regarding CDL drivers into this policy manual.
CHAPTER 11 - COMPLAINT RESOLUTION PROCEDURE
(Excluding City Manager and Department Heads)
11.00 PURPOSE
The Complaint Resolution Procedure is established to provide an orderly process for a non-
represented employee to attempt to resolve employment related complaint, unfair
treatment, or improper application of a policy, rule, or regulation.
This employee complaint procedure is not to be used relative to issues covered by the
labor contracts. Such matters are addressed through the grievance procedure of the
respective labor contracts. An employee cannot process a grievance through the labor
contract and attempt to use these complaint procedures for the same or similar issue.
NOTE: This complaint resolution procedure is not available to employees on probation who
are discharged during the probationary period. The only exception to this is if such
discharge involves workplace harassment or discrimination, in which case, this complaint
procedure is limited to the specific charge.
11.01 EXCLUSIONS FROM THE COMPLAINT RESOLUTION PROCEDURE
A. Work assignments, shift scheduling, overtime assignment, and similar related matters.
B. Performance evaluations.
C. Complaints filed after twenty (20) days from the date of occurrence, or after twenty (20)
days from the date the employee had knowledge of an occurrence.
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11.02 TIME LIMITS
Time limits are established to resolve complaints quickly. Complaints must be filed within
20 days from the date of occurrence or the employee having knowledge of the incident.
Time limits in the procedure may be extended by written agreement of the City and the
affected employee.
11.03 WRITTEN COMPLAINT
The employee must state the nature of the complaint and the desired solution in writing
together with any supporting documents. The complaint resolution process begins with the
employees immediate supervisor, in a management capacity. The Manager will hold a
meeting with the employee to review the facts, discuss the complaint with the employee
and others who may be witnesses or who have immediate knowledge of the matter. The
Manager will issue a written decision to the employee within two weeks from the date of the
meeting.
If the employee is not satisfied with the decision of the employee's supervisor, he/she may
advance the complaint to the next level in the chain of command for the department, and
ultimately to the Department Director. There will be written comments by each level of
supervision as to their decision on the complaint.
The employee may advance the complaint to the City Manager as the final stage of the
complaint process and the decision of the City Manager shall be binding.
CHAPTER 12.00 - CITY TRAVEL, VEHICLE USE, AND REIMBURSEMENT POLICY
12.00 TRAVEL POLICY
This policy is to provide for consistent application and use of travel funds, and authorization
and reimbursement of travel expenses. The City Manager may authorize travel expenses
that vary from this policy at his/her discretion, on a case-by-case basis, when necessary.
It is the employee's sole responsibility to use travel funds for their approved purpose only
and properly document expenditures with receipts in accordance with this policy.
Contact the Finance Department for a copy of the travel request form.
Failure of the employee to properly and timely reconcile their travel advance through the
Finance Department shall authorize the City to deduct all funds advanced from the
employee's paycheck.
AUTHORIZATION FOR TRAVEL EXPENSES
Prior to travel, employees must submit a Travel Request form to their Department Director
or supervisor for approval. The form must provide all travel costs, including transportation,
lodging, registration, meals, and other related expenses. If an employee wants money for
travel expenses in advance of the travel, such requests must be received in the Finance
Department by 5 p.m. on Wednesday of the week before the planned trip.
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Any prior travel advances must be reconciled before additional advances will be given.
Requests for less than $50 will be processed after completion of the travel.
All travel requests must be signed and approved by the employee's Department Director or
his/her designee. Travel for Department Directors must be signed and approved by the
City Manager or his/her designee. Travel for the City Manager must be signed by the
Mayor or his/her designee. Travel for Council members must be signed and approved by
the City Manager or his/her designee.
All travel in excess of $2,500 must be signed and approved by the City Manager. This
includes ALL travel related expenses, such as registration, testing, mileage, etc.
REIMBURSEMENT TO THE EMPLOYEE FOR EXPENSES
Travel expenses in excess of those received in advance will be paid to employees upon
submission of the approved travel request/expense form. Travel expenses which the
employee cannot document with receipts or other appropriate verification will not be
approved for reimbursement (excluding meals).
Registration fees may be paid by City credit card, or be submitted for payment through
Accounts Payable and paid directly to the vendor from information submitted.A copy of the
registration showing what is included in the registration fee (i.e. meals, recreational
activities, etc.) must also be attached to the Advance Travel form.
Travel expenses incurred but not approved on the Travel Request form may be
reimbursable with proper verification, provided such expenses are directly related to City
travel and are approved by the Department Director or City Manager, per procedures noted
above.
Expenses incurred but not related to the actual travel, such as for copies, books, etc.,
should not be included on the travel form. Rather, these should be submitted for payment
either through Accounts Payable or petty cash (depending on the amount) and coded
accordingly, or may be paid by City credit card.
The employee shall submit the completed and reconciled travel/expense form to Finance
within five (5) working days after completion of the travel. Per IRS regulations, travel not
reconciled in a timely manner will become taxable income.
Checks for less than $10.00 will not be written for those who travel frequently, but may be
added to the next travel request. It is the responsibility of the employee to keep track of the
minor amounts owed and add them to a future travel advance.
The Finance Director shall review meal, lodging, mileage and car allowances periodically
and recommend adjustments.
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REIMBURSEMENT TO THE CITY BY EMPLOYEES
Employees are encouraged to pay advance travel overages by check or money order.
However, in the event this is not possible, cash and the travel form must be turned in to the
Finance Department for a written receipt.
ALLOWABLE EXPENSES
Transportation Reimbursement:
A pool car should be used for travel, however, if approved by the Department Director,
private vehicles may be used and mileage paid at the rate set by the City Manager. If no
pool car is available, the IRS mileage will be paid. The IRS mileage rates can be found on
the web at hftp://irs-mileage-rate.com.
If more than one employee is traveling at the same time to the same event, only one may
claim the full mileage allowance or they may share the allowed amount for a private vehicle.
If more than one employee is traveling at the same time to the same event and one is
taking a pool car, the other employee shall receive no mileage reimbursement, unless there
is a valid work related reason for having to take a second vehicle, and with advanced
approval by the City Manager.
Meals:
The IRS meal per them schedule by location will be distributed annually by the Finance
Department or can be found on the web at hftp://www.gsa.gov/portal/category/21287. New
rates go into effect as of October 1 of each year, and include tax and gratuity. The
maximum per them allowable will be at the Seattle level, regardless of IRS rates.
To qualify for breakfast, an employee must leave before 7:00 a.m. To qualify for dinner,the
employee must reasonably expect to return from business activities after 7:00 p.m._ In the
event travel is less than one day (i.e. an employee does not leave home or work until 7
a.m. or the meeting ends at early enough in the day to allow the employee to be back
before 7 p.m.), the per them payment will be pro-rated 25% for breakfast, 25% for lunch,
and 50%for dinner. To qualify for meal allowance, the employee must be on City business
outside the Port Angeles area (30-mile radius) during regular meal hours. No receipts are
required for meal expenses unless you use your City credit card, then all receipts must be
attached and no further amount will be paid.
If an employee is attending a meeting or conference where meals are included, or if the
hotel in which the employee is staying provides a hot breakfast included in the room rate,
reimbursement for substitute meals will not be allowed and the per them will be reduced
accordingly. However, if the hotel or conference only provides what is commonly known as
a continental breakfast, this does not qualify as a meal and per them for breakfast will be
allowed.
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Lodging_
Lodging arrangements must be made in the most cost effective manner. Whenever
possible, IRS rates should be followed. The Finance Department publishes the rates
annually and tax is in addition to these IRS rates. When calling a hotel/motel for rates,
always ask for government, corporate, or other discounted rates.
If the lodging expenses for the conference host site exceed the IRS lodging per diem,
alternate accommodations should besought. Excess per them maybe approved under the
following conditions: 1) No alternate lodging is available within a reasonable distance of the
event site which is within the IRS limit; 2)Transportation between the alternate lodging site
and the event site would exceed any savings; or 3) the Department Director or his/her
designee has authorized the excess expenditure in writing and in advance for any exigent
circumstances which may exist. In such instance, the City Manager will be informed of the
variance to this policy for his/her concurrence.
If a family member or a guest accompanies the employee, the employee shall pay the
amount over a single accommodation.Receipts for lodging are required.
Airline Tickets:
Coach fare airline tickets will be purchased in the most cost-effective manner. Any charges
above coach rate will be the responsibility of the employee, if they opt for upgrades, such
as bulkhead row, exit row seat, etc. Each Department will be responsible for placing
reservations. Invoices for airfare must be submitted to Accounts Payable for payment,with
a copy of the invoice, or a City credit card may be used. The City will pay for only one
piece of luggage to be checked.
Ferry Fees and Taxi Fares:
These expenses will be reimbursed on the basis of receipts.
12.01 VEHICLE USE POLICY
General City Vehicle Policy:
City vehicles may only be used by employees for City business. The Department Director
is responsible to ensure compliance with this vehicle use policy for their department. An
employee may be assigned a vehicle on a regular basis or for special needs due to
workload changes, seasonal or weather conditions that require an additional vehicle to
provide services.
Employees authorized to use City vehicles shall operate the vehicle in a safe, courteous,
and efficient manner and shall conform to all State and local laws governing the use and
operation of a motor vehicle. Employee shall not talk on cell phones while driving a city
vehicle because it is the law, or if necessary, pull over off the roadway where it is safe.
Employees must have valid Washington drivers' license and proof of insurance. The City
reserves the right to require employees driving City vehicles to produce a driving record
abstract upon request.
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City vehicles may not be operated if the employee has consumed any amount of alcohol or
is under the influence of any drug which may impair one's ability to operate the vehicle
safely. It is the responsibility of the employee to notify his supervisor of any possible
impairment, so he/she does not operate equipment or vehicles.
Any accident or injury occurring in a City vehicle shall be reported immediately to the
employee's supervisor as well as completing the necessary accident report forms obtained
from the employee's supervisor. If the vehicle is damaged and must be towed, the
employee and their supervisor will contact the Equipment Services Superintendent who will
coordinate the necessary towing of the vehicle and attempt to provide the employee
another vehicle as they may be stranded or out of the area. A mechanic will communicate
with the employee to determine if the vehicle is safe to drive or not.
Gas Credit Cards:
Gas credit cards may be checked out from Equipment Services when employees reserve a
City vehicle for travel.
After-Hours City Vehicle Use for Employees Subject to Call Back:
The Department Director shall determine whether an employee takes home an assigned
vehicle or has the employee report to a City facility to pick up the vehicle for after-hours
use. This determination shall be based upon:
a) The frequency of the call-outs (average of once per month);
b) The person performs after hours emergency services;
C) It is the most efficient method of operation in performing the services during the
after-hours work,
d) The employee must use the vehicle to respond directly to the call-out scene.
Non-City Employee Transportation:
An employee may transport non-City employees in City vehicles during the execution of
City business only. This action requires advanced approval from the employee's
Department Director. An employee assigned a City vehicle for after-hours use on a regular
basis may use the vehicle for incidental personal business such as making a quick stop for
groceries on the way home or other similar situation. Family members may not be
transported in a City vehicle.
Reimbursement for Employees Using Their Private Vehicles:
Employees are encouraged to use a City vehicle for City business whenever possible.
However, an employee may be authorized to use his/her private vehicle for conducting City
business as determined by the Department Director. If a City vehicle is not available,
reimbursement for mileage shall be based upon the Internal Revenue Service mileage
reimbursement rate. In the event the employee prefers to use his/her private vehicle for
out-of-town travel in lieu of an available City vehicle, the employee shall receive prior
Department Director approval to be reimbursed for mileage at the rate authorized by the
City Manager.
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If an employee is authorized to use his/her private vehicle for City business, it is the
responsibility of the Department Director to ensure the employee has a valid driver's license
and vehicle insurance to protect the City in the event of an accident.
General Rule:
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.
Loss of Drivers License:
If an employee who is expected to drive a City vehicle or operate equipment as a normal
job activity loses his/her driver's license, the employee will notify their supervisor
immediately and shall not operate any vehicle or equipment. The City will determine if the
employee has an acceptable driving record and what personnel actions, if any, are
necessary relative to employment status due to the loss of the driver's license. Loss of a
Commercial Driver's License may result in termination of employment if a CDL is an
essential job function.
12.02 RECRUITMENT EXPENSES
The City Manager may authorize reimbursement or the payment of certain expenses for
candidates interviewed for City 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.
12.03 PAYMENT OF MEALS FOR CITY BUSINESS
Meal expenses for employees on official City business within the Port Angeles area may be
eligible for reimbursement with approval by the Department Director at the same rates as
set forth in Travel Policy, Allowable Expenses section.
12.04 TUITION REIMBURSEMENT
The City's tuition reimbursement program covers payment for college course work to
encourage employees to pursue job-related education/ training. Under the tuition
reimbursement program, the City pays for 75% of tuition (or as provided in the labor
contracts) and required books, subject to budgetary restrictions and in accordance with the
following requirements:
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A) Requests for tuition reimbursement must be made in writing, in advance, on the form
provided by the Human Resources Office. The request must identify the education goals of
the employee, why they are taking the course and how the course is related to their current
job. If for possible promotional career advancement, the employee shall provide a detailed
plan and timeline of their educational goals; ie how many courses per year and expected
costs so if approved the funding may be budgeted. All tuition reimbursement is subject to
available funding in the department budget.
The selection of the college must be approved by the City as well to be sure City funds are
being utilized cost-effectively.
B. All course work must be job-related and requires advance approval by the
Department Director and Human Resources Manager. .
C) Prior to payment of approved tuition reimbursement, the employee must provide
proof of a passing grade, 3.0 or higher, together with a copy of receipts for the course and
required books.
D) The City may retain certain course materials (i.e., books, reference materials) if the
Department Head determines such materials are of value to the City.
Courses offered during regular work hours may be approved, per the above policy, if time
off can be arranged without affecting the public services or disrupting departmental
operations. Such time off should be charged to accrued vacation, comp time, leave without
pay, or make up the time during the workweek.
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Acknowledgement of Receipt
1, acknowledge that I have received the City of Port Angeles
Personnel Policy and Procedure Manual adopted by the City Council on September 19,
2006 and revised in May 2014. 1 understand that it is my responsibility to read and
understand the policies and to ask my supervisor or Human Resources if I have any
questions. I am expected to conform my workplace conduct to these Personnel Policies
and Procedures.
I understand that this Manual supersedes any prior manuals or handbooks issued by the
City. I understand that the Manual contains guidelines for personnel administration and
that it is not a contract. I understand that the City may revise the policies and procedures
at any time with or without notice, subject to Council approval.
Employee signature:
Print Name:
Date:
Adopted September 19, 2006
Updated June 2014
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