2024.03.25 Port Orchard Personnel Policies and Operating ProceduresCity of Port Orchard
Personnel Policies
and
Operating Procedures Manual
ORCHARD.
City of Port Orchard
Personnel Policies Manual
Adopted October 12, 2010
Revision Dates
March 23, 2011
April 19, 2011
August 11, 2011
December 1, 2011
June 1, 2012
June 7, 2012
August 14, 2012
September 28, 2012
January 1, 2014
June 12, 2014
July 22, 2014
April 17, 2015
May 19, 2015
January 1, 2016
May 24, 2016
July 12, 2016
May 5, 2017
November 6, 2017
March 6, 2018
June 25, 2018
July 12, 2019
August 14, 2019
March 12, 2020
March 20, 2020
March 25, 2020
March 31, 2020
June 10, 2020
September 9, 2020
January 5, 2021
June 4, 2021
June 18, 2021
July 26, 2021
November 1, 2021
November 29, 2021
January 1, 2022
February 8, 2022
February 23, 2022
May 25, 2022
June 13, 2022
July 11, 2022
September 2, 2022
October 13, 2022
January 1, 2023
February 15, 2023
March 31, 2023
May 10, 2023
May 24, 2023
June 20, 2023
September 14, 2023
October 16, 2023
January 3, 2024
January 18, 2024
March 25, 2024
Table of Contents
Section
Chatter 1. Purbose and SCODe
Page
1.1 Introduction....................................................................................................1-1
1.2 Purpose...........................................................................................................1-1
1.3 Scope of Policies...........................................................................................1-1
1.4 City's Right to Modify These Policies..........................................................1-2
Chatter 2. General Policies and Practices
2.1
Equal Employment Opportunity Policy.........................................................2-1
2.2
Life Threatening and/or Serious Illness/Condition Policy.............................2-2
2.3
Anti -harassment and Anti -discrimination Policy..........................................2-2
2.4
Eligibility for Employment.............................................................................2-5
2.5
Employee Personnel Records.........................................................................2-5
2.6
Reference and Information Requests..............................................................2-6
Chapter 3. Hiring
3.1
Recruitment....................................................................................................3-1
3.2
New Hire Selection.........................................................................................3-1
3.3
Introductory Period.........................................................................................3-2
3.4
Orientation......................................................................................................3-3
3.5
Employment of Family Members...................................................................3-3
3.6
Temporary Employees...................................................................................3-4
3.7
Volunteers......................................................................................................3-4
3.8
Community Services Workers and Other Court Referrals.............................3-4
3.9
Use of Contract or Special Services...............................................................3-4
3.10
Employee Referral Program...........................................................................3-5
3.11
Promotions......................................................................................................3-6
3.12
Demotions.......................................................................................................3-6
3.13
Transfers.........................................................................................................3-7
3.14
Reclassifications.............................................................................................3-7
3.15
Pay Range Adjustments..................................................................................3-7
3.16
Acting Assignments........................................................................................3-8
Chatter 4. Hours and Attendance
4.1 Working Hours...............................................................................................4-1
4.2 Attendance.....................................................................................................4-1
4.3 Reporting Work Hours..................................................................................4-2
4.4 Unusual Weather Conditions, Natural Disasters or Other States of
Emergency.....................................................................................................4-2
4.5 Pandemic or Public Health Emergency Response and Recovery...................4-3
4.6 Breaks and Meal Periods for Non-exempt Employees..................................4-4
4.7 Payroll Records...............................................................................................4-5
4.8 Telecommuting...............................................................................................4-5
Chapter 5. Compensation
5.1
Employee Pay Rates.......................................................................................5-1
5.2
Employee Classifications...............................................................................5-1
5.3
Job Sharing.....................................................................................................5-2
5.4
Paydays...........................................................................................................5-2
5.5
Designated Work Week.................................................................................5-2
5.6
Timekeeping Requirements............................................................................5-3
5.7
Deductions......................................................................................................5-3
5.8
Eligibility for Overtime..................................................................................5-3
5.9
Compensatory Time.......................................................................................5-4
5.10
Compensation Upon Termination..................................................................5-5
5.11
Exit Interviews................................................................................................5-5
5.12
Policy Prohibiting Improper Deductions from Employee Paychecks ............5-6
Chanter 6. Performance Evaluations and Trainin
6.1 Performance Evaluations................................................................................6-1
6.2 Training and Education..................................................................................6-1
6.3 Employee Special Training Obligations.........................................................6-2
6.4 Educational Assistance Program for Non -union City Employees .................6-2
Chatter 7. Benefits
7.1 Retirement Benefits ..................................
7.2 Workers' Compensation ...........................
7.3 Light Duty Policy .....................................
7.4 Health and Welfare Insurance Benefits ...
7,1 1 HRA VEBA
...................................................7-1
...................................................7-1
...................................................7-2
...................................................7-3
.....................................................................................7-5
7.5 Continuation of Insurance Coverage.............................................................7-5
7.6 Longevity Pay.................................................................................................7-5
7.7 Employee Assistance Program.......................................................................7-6
Chapter 8. Leave
8.1
Vacation Leave...............................................................................................8-1
8.2
Leave Sharing.................................................................................................8-4
8.3
Personal Holidays..........................................................................................8-5
8.4
Sick Leave.....................................................................................................8-5
8.5
Bereavement Leave.......................................................................................8-7
8.6
Leave Without Pay.........................................................................................8-8
8.7
Jury and Witness Leave..................................................................................8-9
8.8
Domestic Violence Leave...............................................................................8-9
8.9
Administrative Leave...................................................................................8-10
8.10
Military Leave..............................................................................................8-10
8.11 Holidays.......................................................................................................8-10
8.12 Religious Holidays.......................................................................................8-11
8.13 The Federal Family and Medical Leave Act of 1993 (FMLA) and Related
Leave Under Washington Law.....................................................................8-12
8.14 Washington Paid Family and Medical Leave..............................................8-20
8.15 Volunteer Emergency Services Leave..........................................................8-22
8.16 Military Family Leave..................................................................................8-24
8.17 Washington Family Care Act.......................................................................8-24
Chapter 9. City Property and Public Records
9.1
Issuance, Use and Return of City Property.....................................................9-1
9.2
Use of City Issued Cell Phones......................................................................9-1
9.3
General Policy Regarding Use of the City's Resources.................................9-4
9.4
Employee's Responsibility for City Issued Equipment.................................9-7
9.5
Use of City Vehicles.......................................................................................9-8
9.6
Use of Personal Vehicles..............................................................................9-10
9.7
Use of City Credit Cards..............................................................................9-10
9.8
Employee Reimbursement of Expenses.......................................................9-11
9.9
Public Records Requests..............................................................................9-19
9.10
Public Records Retention.............................................................................9-20
9.11
Key and Access Card....................................................................................9-20
Chapter 10. Employee Responsibilities and Conduct
10.1
General Code of Conduct.............................................................................10-1
10.2
Outside Employment and Conflicts of Interest............................................10-4
10.3
Prohibition of Workplace Violence..............................................................10-6
10.4
Confidentiality of Business Information......................................................10-7
10.5
Conduct Toward Co-workers and the Public...............................................10-7
10.6
No Smoking Policy.......................................................................................10-8
10.7
Personal Possessions and Use of City Vehicles and Equipment .................10-8
10.8
Contact with the News Media.....................................................................10-8
10.9
Seat Belt and Driver/Equipment Operator Safety.......................................10-8
10.10
Safety Committee.........................................................................................10-9
10.11
Driver's License Requirements....................................................................10-9
10.12
Political Activities........................................................................................10-9
10.13
Solicitation..................................................................................................10-10
10.14
Accident Prevention and Safety.................................................................10-10
10.15
Substance Abuse.........................................................................................10-12
10.16
Professional Attire Policy...........................................................................10-18
Chapter 11. Improper Governmental Action Policy
11.1 Reporting Improper Governmental Action...................................................11-1
Chapter 12. Other Employment Practices and Policies
12.1 Open Communications Policy......................................................................12-1
12.2 Reductions in Force.....................................................................................12-1
12.3 Rehire Policy................................................................................................12-2
12.4 Furlough........................................................................................................12-2
12.5 Information Technology After Hours Work.................................................12-4
12.6 Clothing with City Logo...............................................................................12-4
12.7 Work Boot Allowance..................................................................................12-4
Chanter 13. Emblovee Recognition and Wellness
13.1
Employee Wellness......................................................................................13-1
13.2
Employee Recognition Program..................................................................13-1
Chapter 14. Social Media Policy
14.1
Purpose.........................................................................................................14-1
14.2
Definitions....................................................................................................14-1
14.3
Responsibilities.............................................................................................14-2
14.4
Policy and Procedure....................................................................................14-2
Chapter 1
Purpose and Scope
1.1 Introduction
1.2 Purpose
1.3 Scope of Policies
1.4 City's Right to Modify These Policies
1.1 Introduction
The City of Port Orchard places a high value on our employees and their well- being.
The City believes that when the terms and conditions of employment are known and
communicated to all, employee job satisfaction is increased. These policies have been
prepared to help employees better understand how the City operates and what is expected
of employees. Employees are encouraged to ask their supervisor or Department Director
any questions they may have regarding interpretation of these policies. The policies serve a
variety of objectives including clear communication to employees, guidance to managers
and ensuring the public services rendered in positions within the City are performed to a
high standard.
1.2 Purpose
IMPORTANT: PLEASE READ
These personnel policies serve as a general informational guide to the City of Port
Orchard's current employment practices and procedures. As a result, these policies are
general guidelines only, not promises of specific treatment in specific situations. These
personnel policies are not intended to be, nor should they be construed as a contract, express
or implied, or as a guarantee of employment for any specific duration. Unless specific rights
are granted to you in an individual employment contract, collective bargaining agreement
or Civil Service rules, all employees of the City of Port Orchard are considered at -will
employees and may be terminated from the City of Port Orchard's employment at any time,
with or without cause subject to applicable law. No supervisor, Department Director or
representative of the City of Port Orchard has the authority to enter into any agreement with
an individual employee for employment for any specified period or to make any written or
verbal commitments contrary to the foregoing, unless such agreement is in a written
employment contract signed by the Mayor, with appropriate authorization of the Council.
1.3 Scope of Policies
These personnel policies apply to all City employees. In cases where these policies
conflict with the provisions of a collective bargaining agreement, employment agreement,
Civil Service rules or laws, or other laws, the provisions of that law or agreement shall
govern. In all other cases, these policies shall govern (the sole exception is that the Police
Department's General Orders and policies shall govern, in regard to City employees
working in the Police Department, in the event of a conflict with this Personnel Policies
Page 1-1
Manual). The provisions contained in these policies regarding the City's prohibitions
against harassment and discrimination apply to employees, volunteers, and elected officials.
All participants in providing City services or elected officials who work with City staff must
comply with all City policies prohibiting unlawful discrimination, harassment, or any other
unlawful conduct.
1.4 City's Ri!ht to Modify These Policies
The City of Port Orchard reserves the right to revise, supplement, clarify, or rescind
any policy or provision of this Manual, as it deems necessary and appropriate in its sole
discretion, without advance notice unless otherwise required by law or contract. As set forth
above, these policies are general guidelines only, and do not constitute promises of specific
treatment in specific situations. Further, these policies should not be construed as a contract,
express or implied, or a guarantee of employment for any specific duration. Employees will
be notified of changes to these policies once changes are adopted; however, unions will be
notified in advance of proposed changes that are deemed mandatory subjects of bargaining.
The City also reserves the right to deviate from these policies, as it deems
appropriate in its sole discretion in order to achieve the primary mission of serving the City
of Port Orchard's citizens. In addition, the Mayor (or Mayor's designee) is empowered
with the authority to establish any administrative regulations necessary to further implement
these policies.
Page 1-2
Chapter 2
General Policies and Practices
2.1 Equal Employment Opportunity Policy
2.2 Life Threatening and/or Serious Illness/Condition Policy
2.3 Anti -harassment and Anti -discrimination Policy
2.4 Eligibility for Employment
2.5 Employee Personnel Records
2.6 Reference and Information Requests
2.1 Equal Employment Opportunity Policy
The City of Port Orchard is an Equal Opportunity Employer and provides equal
employment opportunities (EEO) to all employees and applicants for employment. The City
prohibits unlawful discrimination and harassment against employees and applicants in
compensation or other terms, conditions, and privileges of employment because of the
employee's race, religion, color, gender, pregnancy, age, marital status, military or veteran
status, national origin, mental or physical disability, sexual orientation (including gender
identity and gender expression), genetic information, or any other category protected by
federal, state, or local law. The City also prohibits unlawful discrimination and harassment
against employees and applicants based upon their association with a person who is a
member of a protected class. This Policy applies to all terms, conditions, and privileges of
employment, including, but not limited to, hiring, placement, promotion, termination,
layoff, recall, transfer, leaves of absence, compensation, and training.
In addition, any employee or applicant who believes that they need a reasonable
accommodation because of a physical or mental disability in order to perform the essential
functions of their job or to complete the application process should contact the Human
Resources Office. Similarly, any employee or applicant who needs an accommodation to
perform their job due to their religious beliefs should contact the Human Resources Office.
The employee or applicant should advise, in writing, the Human Resources Office of the
reason for their accommodation request, the nature of their work limitations, and any
suggested reasonable accommodations. The City will then interactively work with the
employee or applicant to determine what, if any, reasonable accommodations are
appropriate, and whether a suggested accommodation imposes an undue hardship upon the
City.
The Human Resources Office, in conjunction with City management, is responsible
for implementing this Policy. Any person with questions or concerns regarding Equal
Employment Opportunities with the City should contact the Human Resources Office. All
persons are also encouraged to review the City's Anti- Harassment and Anti -Discrimination
Policy, which supplements this Policy and works to further effectuate the goals of the City's
Equal Employment Opportunity Policy.
Page 2-1
2.2 Life Threatening and/or Serious Illness/Condition Policy
The City recognizes that employees with life threatening and/or serious illnesses such
as cancer, heart disease, acquired immune deficiency syndrome (AIDS), and other serious
medical conditions may wish to continue working. The City respects and supports this wish,
provided the employee can maintain required performance, production, and attendance
standards, perform the essential functions of their job, and the condition does not pose a
health or safety threat to the employee, their fellow employees, or the general public.
The City also recognizes that an employee's health condition generally is a private
and personal matter, and consequently, will protect the confidentiality of the situation, and
any information or documentation relating to it, to the best of its ability and restrict this
information to only those appropriate employees who have a legitimate business reason to
know. Furthermore, any documentation regarding the employee's medical condition shall
be kept in a separate and confidential medical file distinct from their respective personnel
file.
The City reserves the right to request medical examinations and/or consultations at
its expense regarding the employee's medical condition to the extent necessary to determine
that the employee can safely perform the essential functions of employee's job. The
evaluation of the potential problems and dangers that accompany these conditions will be
handled on a case -by -case basis and may consider existing medical and scientific evidence
to the extent appropriate.
In addition to the foregoing, any employee with a medical condition or illness for
which the employee believes they may need some type of accommodation should promptly
notify the Human Resources Office and advise as to any work limitations covered by the
condition and suggested reasonable accommodations. The City will then interactively work
with the employee to determine what, if any, reasonable accommodations are appropriate,
and whether a suggested accommodation imposes an undue hardship upon the City.
2.3 Anti -harassment and Anti -Discrimination Policy
It is the City of Port Orchard's intent to provide a work environment free from all
verbal, physical and visual forms of harassment and discrimination. All employees are
expected to be sensitive to and respectful of their co-workers and others with whom they
come into contact while representing the City. The City prohibits all forms of harassment
and discrimination, whether due to race, religion, color, gender, pregnancy, age, marital
status, military or veteran status, national origin, mental or physical disability, sexual
orientation (including gender identity and gender expression), genetic information, or any
other category protected by federal, state, or local law. The City also prohibits unlawful
discrimination and harassment against employees and applicants based upon their
association with a person who is a member of a protected class.
Engaging in workplace harassment or discrimination is unacceptable conduct,
which will not be tolerated. Any employee found to have engaged in workplace harassment
or discrimination will be subject to appropriate disciplinary action, up to and including
Page 2-2
termination of employment.
All employees who have knowledge of workplace harassment or discrimination are
required to immediately report the same to City management pursuant to the reporting
procedures subsequently set forth in this Policy. The failure to report workplace harassment
or discrimination may result in appropriate disciplinary action.
To facilitate a greater understanding of this Policy's requirements, the following is
a non-exclusive list of examples of conduct the City prohibits:
A. Epithets, slurs, negative stereotyping or threatening, intimidating or hostile
acts that relate to race, religion, color, gender, pregnancy, age, marital status,
military or veteran status, national origin, mental or physical disability,
genetic information, or sexual orientation (including gender identity and
gender expression).
B. Written or graphic material brought to, displayed or circulated in the City's
workplace that denigrates or shows hostility or aversion toward an
individual or group because of the categories listed above.
C. Intimidating, hostile, derogatory, contemptuous, or otherwise offensive
conduct or remarks that are directed at a person because of the categories
listed above.
D. Using the City's resources (such as voicemail, e-mail, or Internet access) to
obtain, deliver, forward, circulate, or store inappropriate or offensive
materials.
E. Other forms of objectively offensive behavior, regardless of whether the
behavior rises to the level of unlawful workplace harassment or
discrimination.
F. Retaliation against an employee making a complaint in good faith under this
Policy.
To facilitate a greater understanding of this Policy's requirements with respect to
sexual harassment, the following is a non-exclusive list of examples of conduct the City
prohibits:
A. Vulgar or sexual comments, jokes, stories, and innuendo.
B. Graphic or suggestive comments about someone's body or manner of dress.
C. Gossip or questions about someone's sexual conduct or orientation.
D. Vulgarity, leering, inappropriate touching and obscene or suggestive
gestures.
Page 2-3
E. Displaying, accessing, or circulating in the workplace (including via the
Internet or e-mail) sexually suggestive photographs, cartoons, graffiti, jokes
and the like.
F. Unwelcome and repeated flirtations, requests for dates and the like.
G. Subtle pressure for sexual activity, including unwelcome but apparently
sanction -free sexual advances by a supervisor to a subordinate.
H. Solicitation or coercion of sexual activity, dates, or the like by the implied
or express promise of rewards or preferential treatment.
I. Solicitation or coercion of sexual activity, dates, or the like by the implied
or express threat of punishment.
J. Sexual or other assault.
K. Intimidating, hostile, derogatory, contemptuous, or otherwise offensive
conduct or remarks that are directed at a person because of that person's sex,
regardless of whether the remarks themselves are sexual in nature.
L. Retaliation against an employee for refusing sexual or social overtures, for
complaining in good faith about sexual harassment, or for cooperating in
good faith with the investigation of a complaint.
Harassment and discrimination can be difficult to define. For this reason, the City
strongly urges you to use its reporting procedure set forth below without worrying about
whether the conduct involved would be considered harassment or discrimination in a legal
sense. If you consider the conduct to be harassment or discrimination, report it. This Policy
is intended to assist the City in addressing not only illegal harassment and discrimination,
but also any conduct that is offensive and inappropriate.
See Operating Procedure #310 for the procedure related to reporting harassment or
discrimination.
The Human Resources Director has the primary responsibility for implementing this
Policy. Any employee with questions regarding this Policy should contact the Human
Resources Director. Please join us in our efforts to make the City of Port Orchard an
enjoyable place to work for all employees.
Page 2-4
2.4 Eligibility for Employment
A. Employment Eligibility Verification
Federal law requires the City of Port Orchard to comply with the Immigration Reform
and Control Act of 1986 and related law. All new employees must complete an "I-9
Form" and provide proof of their identity and eligibility to work in the United States.
The City is responsible for obtaining the I-9 Form from each employee and verifying
their eligibility to work in the United States.
Employees will be expected to complete the I-9 Form during their first day of work.
The City will then properly complete the "Employer Section" of the I-9 Form. If a
new employee is unable to provide the necessary documentation within three
working days from the date of hire, they must provide proof that they have applied
for the required documents. If this is not provided, the employee will be terminated
as required by law.
The I-9 Form will be retained for at least three years after the date of hire or one year
after the date of the individual's termination, whichever is later. Former employees
who are rehired must also complete the I-9 Form if they have not completed the Form
with the City within the past three (3) years, or if their previous I-9 Form is no longer
retained or valid.
2.5 Employee Personnel Records
The City of Port Orchard maintains a regular personnel file for each employee. An
employee's regular personnel file may contain the employee's name, title and/or position
held, job description, department to which the employee is assigned, initial application
information along with any certifications or transcripts needed to verify the employee's
qualifications, salary or wages, payroll information, changes in employment status,
including promotional information, demotions or job reclassifications, any training
received, performance evaluations or appraisals, personnel actions affecting the employee
including all forms of discipline, and other pertinent information needed by the City to
conduct its business or which is required by law. An employee's I-9 Form is maintained
separately. Similarly, an employee's medical records, if any, are maintained in a separate
file.
Employees are permitted reasonable access to inspect their own personnel files,
including medical and immigration files, during regular business hours.
All personnel files are kept confidential to the maximum extent permitted by law.
Access to employee personnel files is restricted to only those City employees with a
legitimate and permissible business purpose. In addition, except for routine verifications of
employment or in response to a court order, subpoena, or other legal requirement, no
information from an employee's personnel file will be released to the public without the
subject employee's written consent.
Page 2-5
Personnel files are kept for the benefit of the City and for effective management of
the employee's status, administration of compensation and benefits, and for effective
management of the employee's performance. The contents of the file may be subject to
statutory provisions on how long the information is retained and the City will abide by any
statutory guidelines or regulations regarding record retention.
Supervisors may maintain a working file with notes or documents on issues
impacting the employee or the employee's performance. Once information is
communicated to the employee, the supervisor's notes or documents may be placed in the
employee's personnel file to further explain any action or resolution to an issue impacting
the employee or affecting the employee's status. If a supervisor opts not to communicate
information in the supervisor's file to the employee, or deems the information irrelevant,
the supervisor's file should generally be purged annually, unless prohibited by law or the
supervisor determines, in their sole discretion, that the circumstances require that the
information be retained for a longer period of time.
Employees may request additions or removal of information in their personnel
records. If the City denies the employee's request to remove information, the employee may
file a written statement to be placed in their file. The City may also provide a written
statement to be placed in the personnel file as well.
Employees must make any changes to their name, address, phone number or contact
information, beneficiary designations or dependents, and emergency contact information
into the Self -Service Module, to make certain this information is up to date.
2.6 Reference and Information Requests
Unless otherwise required by law, the City will respond to all reference check
inquiries regarding its current or former employees by providing only general information,
such as: dates of employment; position(s) held; and job duties. No inference, either positive
or negative, should be made from the City's application of this policy. If an employee
desires the City to provide additional information, the employee, as well as the prospective
employer requesting the information, must sign a release authorizing the disclosure of
additional information in a form satisfactory to the City. This release must, among other
things, authorize the disclosure of additional information and hold the City and all related
persons and entities harmless for the disclosure.
Page 2-6
Chapter 3
Hirin
3.1 Recruitment
3.2 New Hire Selection
3.3 Introductory Period
3.4 Orientation
3.5 Employment of Family Members
3.6 Temporary Employees
3.7 Volunteers
3.8 Community Services Workers and Other Court Referrals
3.9 Use of Contract or Special Services
3.10 Employee Referral Program
3.11 Promotions
3.12 Demotions
3.13 Transfers
3.14 Reclassifications
3.15 Pay Range Adjustments
3.16 Acting Assignments
3.1 Recruitment
Recruiting practices are conducted solely on the basis of ability, merit,
qualifications and competence (as determined in the City's discretion), without regard to
any individual's sex, race, color, religion, national origin, sexual orientation (including
gender expression or identity), pregnancy, age, marital status, military status, disability,
genetic information or any other characteristic protected by law.
Each applicant for employment shall complete and sign a City of Port Orchard
application form. Resumes may supplement, but not replace, the official City application.
Applications are only accepted for open positions. Applications may be maintained in the
City archives for one year.
Any applicant for employment with the City who has made a false or misleading
statement or has practiced any deception, fraud or misconduct in connection with their
application or the hiring process may be eliminated from consideration for employment at
the City. Any employee who is discovered to have made a false or misleading statement or
has practiced any deception, fraud or misconduct in connection with their application or the
hiring process is subject to disciplinary action, up to and including termination.
3.2 New Hire Selection
When a position becomes vacant, the Department Director will review the position,
its job description, and the need for such a position prior to any posting or advertisement of
the vacancy.
Page 3-1
In considering an applicant for employment or a volunteer position, the City may
conduct an investigation of the applicant's background. The investigation may include, but
is not necessarily limited to, inquiries into the applicant's references, prior and present
employers, credit history (only if it pertains to the job), criminal conviction record and a
review of the applicant's listed education and work history. As a condition of employment,
after an offer of conditional employment has been made and prior to commencement of
employment, successful applicants may be required to submit to and pass a pre -employment
urine drug screen.
The City reserves the right to seek qualified applicants outside of the organization
whenever it determines appropriate in its discretion. Before advertising a position to the
general public, the Department Director, after consideration of the minimum qualifications
for the position, the needs of the department, and similar factors, may request human
resources to post the position internally before or in conjunction with an external
recruitment.
The Mayor delegates authority to Department Directors to hire and terminate staff
within each of the director's respective departments, after consultation with the Mayor,
Human Resources, as well as ensuring we have met any requirements of our insurance
provider and applicable employment laws. The Mayor will make hiring and termination
decisions for the positions that report directly to the Mayor, unless council approval is
required by municipal code or other law.
3.3 Introductory Period
Upon hire, all employees enter an introductory period (aka probationary period).
The introductory period is designed to give the employee time to learn the job and to give
the City time to evaluate whether the match between the employee and the job is
appropriate.
Current employees promoting, demoting or transferring from one position to
another will serve an introductory period starting at the date of the employee's appointment
to the new position.
The general introductory period is twelve (12) months from the employee's date of
hire or rehire. At the discretion of the City, this introductory period may be extended.
Satisfactory completion of the introductory period does not create an employment
contract or guarantee employment with the City for any specified duration, nor does
completion of the introductory period guarantee the employee "permanent" employment.
Any employee who successfully completes their respective introductory period shall remain
an "at -will" employee, unless the employee is afforded additional rights by the Civil Service
rules and laws, an individual employment contract, or a collective bargaining contract.
Nothing in this Policy should be construed as altering the at -will status of each City
employee.
Page 3-2
3.4 Orientation
New hires will participate in an orientation program conducted by the Human
Resources Office. During this program, information regarding the City's policies, benefits
programs, and other information will be provided. New hires will be asked to complete all
necessary paperwork, such as medical benefits plan enrollment forms, beneficiary
designation forms, and appropriate federal, state and local tax forms. Direct Deposit for
paychecks is a requirement of the City for all paid employees. The City will also require
information establishing identity and eligibility to work in the United States in accordance
with applicable federal law.
3.5 Employment of Family Members
Individuals who are related by blood or marriage, or are in a committed relationship
with current City of Port Orchard employees or officials, are eligible for employment at the
City, provided no direct reporting or supervisor -to -subordinate relationship exists. That is,
no employee is permitted to work within the "chain of command" when one family member's
work responsibilities, salary, hours, career progress, discipline, benefits or other terms and
conditions of employment could be influenced by another family member. This includes
volunteer positions and temporary appointments. This Policy serves the objective of
avoiding potential conflicts of interest and the appearance that employment decisions will
be made not on merit, but based on the relationship of the family member to a decision maker
within the chain of command.
Change in Circumstances: If two employees marry, become family members, or
domestic partners, as defined below, and, in the City's judgment, the potential problems
noted above exist, or reasonably could exist, it is the responsibility of the employees to
disclose the relationship to human resources. only one of the employees will be permitted to
remain employed with the City, unless reasonable accommodations, as determined by the
City, can be made to eliminate the potential problem. If no accommodation can be made, the
decision as to which employee will remain employed by the City must be made by the two
employees within thirty (30) calendar days of the date they marry, become family members,
or domestic partners with each other. If no decision is made during this time, the City
reserves the right to terminate either employee.
For purposes of this Policy, a "family member" is defined as a spouse, domestic
partner, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin,
corresponding in-law, "step" or "half' relation, or equivalent member of the employee's
household. A "domestic partner" is an unmarried adult, unrelated by blood, with whom an
unmarried officer, City of Port Orchard employee or official has an exclusive committed
relationship, maintains a mutual residence, and shares basic living expenses.
Page 3-3
3.6 Temporary Employees/Interns
The City may use temporary employees or interns to meet peak workload needs, to
temporarily replace regular employees who are on vacation or other leave, to temporarily
fill a vacancy until a regular employee is hired, or when otherwise determined appropriate
by the City. When applicable, the City will comply with any provisions of a collective
bargaining contract establishing the nature or duration of any temporary or intern positions.
Compensation/Benefits: Temporary employees and interns are eligible for overtime
pay as required by law. Temporary employees and interns do not receive retirement,
vacation, personal and family leave, health insurance, holidays or any other benefits unless
otherwise required by law.
Temporary employees are limited to employment of no more than six (6) months.
3.7 Volunteers
Volunteers may be recruited by individual Department Directors or the City to assist
with the provision of City programs/services. All volunteers will complete a standard City
Volunteer application form, including references. All volunteers will be supervised by a
regular employee or designated volunteer supervisor. Volunteers are expected to follow
the same personnel polices as regular employees.
3.8 Community Services Workers and Other Court Referrals
As appropriate, the City may consider the placement of individuals who are referred
by the courts to perform community service or other needed tasks.
3.9 Use of Contract or Special Services
From time to time, the City may need to hire an individual or business entity to
provide services to the City that fall outside the expertise of City staff, for work on a project
that cannot be accomplished by City staff on a timely basis, or for other reasons that
demonstrate a decision to work with an outside entity may be in the best interests of the
City. The City will comply with all procedures required by law when a bidding process is
needed or any relevant requirements imposed by a collective bargaining contract.
Service providers hired to assist the City for specific projects or designated services
are not City employees and are not eligible for the benefits listed as exclusive benefits for
City employees. Individuals who contract to provide services to the City must be properly
licensed in their respective professions or trades and must carry their own liability insurance
for the benefit of the City in the event they perform their professional services negligently
or below an acceptable standard of care.
Services provided pursuant to an interlocal agreement will not result in service
providers being construed as City employees, even if they provide services along with City
of Port Orchard employees. Each agency participating in an interlocal agreement is
responsible for the employees assigned to the project, task or special event, including the
Page 3-4
provision of coordinated police or emergency services activities. The City shall not be
required to provide insurance coverage for employees of another agency participating in an
interlocal agreement for services, unless the agreement entered into between the City and
agency specifically designates such coverage is required and the coverage requirements
mutually benefit the City of Port Orchard.
3.10 Employee Referral Program
At the discretion of the Mayor, the City may provide a Referral Incentive to an
Eligible Referring Employee who refers to the City a qualified applicant who is subsequently
selected and successfully employed in an Eligible Position.
A) Definitions
Applicant: Persons who are not former employees or currently employed by the City
in any capacity including temporary, seasonal, or limited term.
Eligible Position: Positions eligible for this program must be determined by the
Mayor to be "hard to fill" positions. The following factors should be considered
when designating a position as "hard to fill":
• how critical the position is to the City's operation and mission,
• the success of recent efforts to recruit candidates and retain employees in
like positions,
• the availability in the labor market of well -qualified candidates for
employment,
• recent turnover in similar positions,
• special qualifications needed for the position, and
• other unique factors that demonstrate difficulty in filling the position.
Eligible Referring Employee: City employee occupying a regular status position
with the exception o£
• Any elected official,
• Director, manager, supervisor and other person(s) associated with the
selection of the candidate,
• All Human Resources staff members,
• Any employee assigned to perform recruitment functions on behalf of
their department and/or the City, and
• Family members (as defined in Personnel Policy 3.5) of the Applicant.
Referral Incentive: A cash payment to the Eligible Referring Employee when an
Applicant has been successfully employed by the City
B) Referral Incentive Payment. A referral incentive is payable to an Eligible Referring
Employee when the position has been designated as an Eligible Position by the Mayor
at some stage of the recruitment process, prior to selecting a final candidate. A $500
incentive is payable in the next available paycheck to the Eligible Referring Employee
after the Applicant's first day of employment. An additional $500 is payable in the
next available paycheck to the Eligible Referring Employee after the Applicant's
completion of their probationary period.
Page 3-5
C) Referral Incentive Program Administration.
1. Referral Incentives are awarded at the discretion of the Mayor, who has the
final decision. The Mayor has the discretion to end this program at any time.
2. If the Referral Incentive Program is ended by the Mayor, any Eligible
Referring Employee who is due the second payment for a referral will be
eligible for the Incentive Payment provided that all other components of this
policy are met.
3. Referral Incentives are intended to be a financial incentive for Eligible
Referring Employees to reach out to qualified Applicants as a first contact
from the City regarding specific employment opportunities.
4. The City will require the Applicant to identify the Eligible Referring
Employee. In the event more than one Eligible Referring Employee is
identified by the Applicant and a Referral Incentive is payable, a random
drawing of names submitted by the Applicant will be conducted to achieve a
single Eligible Referring Employee.
5. The Eligible Referring Employee must be a City employee at the time any
Referral Incentive payment is paid.
6. The hiring process will be fair and consistent with City policies, with no bias
for or against candidates whose selection might make another employee
eligible for a Referral Incentive. All information regarding the hiring decision
will remain confidential.
3.11 Promotions
A promotion is an appointment to a position which has a higher maximum salary rate
than the employee's present position. When an employee is promoted, the Mayor or designee
has the discretion to determine the entry point of the new range based on the qualifications
of the employee. Generally, the City strives for a minimal 5% increase between the
employee's present pay rate and the assigned salary step within the new position's salary
range. When, at the time of the promotion, the employee is within one (1) month of an
anticipated step date in their present position, the employee's pay is assumed to be at the
higher step before the promotional pay rate is established. The next step increase date, if any,
will be reset based upon the employee's promotion date.
3.12 Demotions
A demotion is a voluntary or involuntary appointment to a position which has a lower
maximum salary rate than the employee's present position. When a demotion occurs, the
department manager will recommend to the Mayor a salary for the demoted employee within
the salary range of the lower classification which is less than or equal to the employee's
present salary. The next step increase date, if any, will be reset based upon the employee's
demotion date.
Page 3-6
3.13 Transfers
A transfer is a voluntary or involuntary appointment to a position which has a salary
range identical to that of the employee's present position. When a transfer occurs the
employee retains their current placement within the salary range. There is no change or
adjustment to the timing of the employee's next scheduled step increase date, if any.
3.14 Reclassifications
A reclassification may occur when the duties and responsibilities of an existing
classification are changed based on an analysis of the employee's written job description
compared to actual job requirements. Department Directors must, in consultation with
Human Resources, request the reclassification in writing to the Mayor or designee. The
Mayor or designee will determine whether the present classification is correct or whether a
reclassification is necessary.
A. When a reclassification occurs, an employee occupying the position may be
retained in the position, provided that the Mayor, or designee, determines that the
reclassification results from an official recognition of a change in duties and
responsibilities which has already occurred and which has historically been
performed by the employee in that position.
B. If the reclassification results in a higher maximum salary, this constitutes a
promotion and the rules governing promotion with regard to salary apply. If the
reclassification results in a lower maximum salary, this constitutes a demotion and
the rules governing demotion with regard to salary apply.
C. Nothing in this policy is to be interpreted as restricting a supervisor from assigning
an employee of one classification to perform some of the duties of a higher or
lower classification as part of a short-term assignment.
3.15 Pav Ranee Adiustments
The City strives to provide competitive salaries in the marketplace for purposes of
recruitment and retention. From time to time the City will conduct a comprehensive salary
study to review the established salary range of positions. Department Directors may request
a review of individual position salaries when the Director has reason to believe that the
current salary range is out of market. Such requests must be submitted to the Mayor, or
designee, with a written justification for the request. At the direction of the Mayor, Human
Resources will conduct or arrange for the salary review.
A. If a salary adjustment is warranted and the adjustment results in a higher pay
range, as approved by the City Council, the employee's salary will be adjusted
to the same step on the newly established pay range.
B. If a salary adjustment is warranted, as approved by the City Council, and the
adjustment results in a lower salary range, and an employee is at the top of the
pay range, the employee's salary will be frozen in place until the pay range
catches up to the employee's pay. Until that time, the employee is not eligible
for step or cost of living increases. Once the pay range exceeds the employee's
Page 3-7
frozen pay rate, the employee will be placed on the top step of the approved
pay range as soon as the pay range becomes applicable to the position.
C. If a salary adjustment is warranted, as approved by the City Council, and the
adjustment results in a lower salary range, and the employee's current pay is
within, but not at the top of, the range, the employee's pay rate will be set on
the step closest in value to the employee's current pay, prior to any adjustment
(i.e. cost of living increase), so that the employee does not receive a pay
decrease. This placement has no effect on the employee's scheduled step
increase date and the employee will progress to the next step in the range on
their previously established step increase date.
D. If a salary adjustment is warranted and the adjustment results in a lower salary
range, as approved by the City Council, the employee's salary will be frozen
in place until the pay range catches up to the employee's pay. Until that time,
the employee is not eligible for step or cost of living increases. Once the pay
range exceeds the employee's frozen pay rate, the employee will be placed on
the top step of the approved pay range as soon as the pay range becomes
applicable to the position.
E. Nothing in this policy is to be interpreted as restricting a supervisor from
assigning an employee of one classification to perform some of the duties of
a higher or lower classification for a limited period of time.
3.16 Temporary or "Actin" Assignments
When the need arises to fill a position due to an approved leave of absence,
disciplinary actions or when a vacancy exists, a current regular status employee may be
appointed to an "acting" position with a higher pay range. Such appointments are for a limited
time to fill a temporary vacancy. Employees will not attain regular status in the higher
position from the acting appointment and will be returned to their previous position. No
introductory period is required for an acting appointment.
An employee assigned an "acting" appointment status will be compensated in the
higher pay range in a manner similar to that of promotion. However, any pending or
scheduled step increases will not be considered when placed within the new pay range. The
employee will remain eligible for a step increase, if any, based upon their placement date into
their present position (before assignment to an "acting" position).
If the employee is later promoted into the higher paid position, the timing of the
employee's next step increase, if any, will be determined based off the date of their
assignment into the same "acting" position. The employee will serve an introductory period
based off the date of appointment to the regular (non -acting) position.
Nothing in this policy is to be interpreted as restricting a supervisor from assigning
an employee of one classification to perform some of the duties of a higher or lower
classification for a limited period of time without placing them in an official "acting"
capacity.
Page 3-8
Chapter 4
Hours and Attendance
4.1 Working Hours
4.2 Attendance
4.3 Reporting Work Hours
4.4 Unusual Weather Conditions, Natural Disasters or Other States of Emergency
4.5 Pandemic or Public Health Emergency Response and Recovery
4.6 Breaks and Meal Periods for Non-exempt Employees
4.7 Payroll Records
4.8 Telecommuting
4.1 Working Hours
The City's business hours are Monday through Friday from 8:00 a.m. to 4:30 p.m. A
normal working schedule for regular, full-time employees consists of forty (40) hours each
workweek, from Sunday through Saturday. Different work schedules and defined workweeks
may be established by the City to meet job assignments and to accomplish the necessary
business of the City and comply with Commute Trip Reduction. Each employee's supervisor
will advise the employee of their specific working hours.
4.2 Attendance
Punctual and consistent attendance is a condition of employment and critical to the
efficient operation of the City. Each employee is responsible for maintaining an accurate
record of their attendance.
All employees are expected to report to work as scheduled, give their best efforts, and
perform productive work for the City during their scheduled work shifts. Physical attendance
at the City on a regular and consistent basis is considered an essential function of the job for
all City employees. Depending upon the position and the business needs of the department
some employees may apply to work from home in accordance with the City's Telecommuting
Policy. The flow of City business and services to the public, including our public safety
responsibilities, depend on reliable employees to attend to their assigned duties on a regular
basis. This means that each employee is responsible for being present every scheduled
workday at the correct time, fully able and ready to work.
Absences from work, late arrivals and early departures must be approved by a
supervisor (or a designee) for all hourly (non-exempt) employees. Employees are required to
report any such changes to their supervisor as soon as possible and no later than 30 minutes
before the start of their shift, or when the change is to occur. In situations where an employee
is unable to report the need for time off in advance, the employee must notify their supervisor
as early as possible if they are unable to report to work at a scheduled or expected time. Only
approved reported absences will be excused.
Page 4-1
Tardiness for work includes any failure to report to or be ready for work at the
employee's designated starting time for non-exempt employees. Absences during the work
day, or handling personal business during working hours, or neglecting work duties during
working hours will all be treated similarly. Excessive or chronic unauthorized absences or
tardiness (as determined in the City's discretion) will result in appropriate disciplinary action,
up to and including termination of employment.
An employee who is absent without proper authorization or notification may be
considered to have voluntarily abandoned their job and their employment may be terminated.
4.3 Reporting Work Hours
Non-exempt employees must accurately record their time for each payroll period
through the online Employee Self -Service Module
It is the employee's responsibility to fill in their time record to certify the accuracy of
all time recorded. The applicable Department Director (or Director's designee) will review
and then approve the time record before submitting it for payroll processing. Failure to input
time on a designated workday after submittal will automatically default as vacation time. In
the event of an error in reporting time, immediately report the problem to the department
timekeeper to be rectified.
Altering, falsifying, or tampering with time records, recording time on another
employee's time record, or otherwise failing to accurately record hours worked will result in
appropriate disciplinary action, up to and including termination of employment.
4.4 Unusual Weather Conditions. Natural Disasters or Other States of Emergene
The City will normally continue to operate even during times of inclement weather or
natural disaster, unless the City notifies employees otherwise. Many City services are of
primary importance during emergency conditions. Every effort will be made to maintain City
services at a normal level, or modified, as conditions warrant. At these times, employees may
be asked to perform duties outside their normal job description to assist with providing
priority services.
If unusual weather conditions prevent an employee from reporting to work, it is the
employee's responsibility to notify their supervisor as soon as possible. A non-exempt
employee who is unable to get to work, or leaves work early because of unusual weather
conditions may charge the time missed to: vacation or compensatory time (if available), or
leave without pay, subject to Department Director approval. Employees may be permitted to
leave early to ensure their safety, however, no department shall be closed without the prior
approval of the Mayor or Mayor's designee.
If at any time, the Mayor or Mayor's designee, closes City Hall due to inclement
weather or a state of emergency, non -essential employees will not be required to report to
work. The City will pay non -essential employees for the equivalent time of their regular
working hours for that day, and they will not be required to use leave for the applicable period.
This will not apply to interns, seasonal, or temporary employees.
Page 4-2
Employees designated as essential will need to coordinate with the supervisor
regarding their schedule. Essential non-exempt employees who are required to stay and work
by the Employer shall be credited the equivalent time of the closure into their vacation leave
banks.
The foregoing shall not apply to situations in which City Hall is closed to the public
but remains open for employees to work. This section will not apply to employees that were
previously scheduled to use leave (i.e. vacation, personal holiday, sick or other leave
categories) or would have otherwise been unable to report to work due illness, travel plans,
childcare needs, etc. during the closure.
Each Department Director will determine which employees and/or duties are
essential. The determination of essential personnel and duties may vary depending upon the
nature of the emergency and/or the business needs of the City at the time of the emergency.
In some cases, essential duties of hourly employees may be temporarily performed by FLSA
exempt employees when it is more efficient, in the determination of the management of the
City, to do so.
4.5 Pandemic or Public Health Emergency Response and Recovery
The purpose of this policy is to provide guidance and establish procedures in the event
a pandemic illness or public health emergency is expected to, or currently is taking place,
which may affect the operations of the City and/or pose a risk to the health or safety of staff
and the community at large. This policy applies to all departments and employees.
Departments should also have specific operating procedures that would apply in such
situations.
A. Declaration of Pandemic and/or Public Health EmergencX.
Public health professionals at organizations such as the Centers for Disease Control
and Prevention (CDC), Washington State Public Health Department, Washington
State Governor, and/or Kitsap County Public Health Department may declare that a
pandemic, outbreak, or public health emergency exists. Such declarations may contain
instructions or recommendations to both private and public sector entities. The City
will follow all mandatory instructions and will implement recommendations to the
extent it determines these to be applicable and/or feasible or practicable under the
particular circumstances.
B. Proclamation of Emergency/Disaster Due to Pandemic.
Upon the City's proclamation of emergency/disaster due to pandemic, the following
shall apply:
1) Employees who have a communicable illness or are experiencing flu -like
symptoms (as then -defined by the applicable health authorities), are prohibited
from coming to work and are encouraged to consult their physician.
2) Employees reporting to work who exhibit symptoms of a communicable
illness will be sent home and encouraged to consult their physician. Unless
Page 4-3
otherwise prohibited by law, the employee shall be required to utilize accrued
leave, if any, pursuant to adopted Personnel Policies or applicable collective
bargaining agreement if they are sent home due to symptoms of an illness.
3) If the illness of an employee or member of an employee's household interferes
with reporting to work in a timely manner, the employee is responsible for
notifying their supervisor pursuant to the provisions of the Personnel Policies
or applicable collective bargaining agreement. Employees must not return to
work until they have been free of illness symptoms (fever, chills, sore throat,
etc.) for at least 24 hours (or any longer applicable incubation period
determined by the appropriate health authority) or are deemed no longer
infectious by a medical professional.
4) Except as otherwise prohibited by law, employees are required to first utilize
their accrued sick leave and then any other accrued paid time off (vacation
leave, compensatory time, or personal holidays) while recovering from, or
caring for a spouse or dependent recovering from, illness.
5) If the school or place of care of an employee's child is closed due to pandemic,
the employee may use accrued sick leave (or other accrued paid time off, to
the extent the employee does not have sufficient sick leave), to care for the
child.
6) When quarantine of an employee is ordered by State or County Health
Officials due to a pandemic illness, employees may use accrued sick leave (or
other accrued paid time off, to the extent the employee does not have sufficient
sick leave) for the period of quarantine.
7) At the discretion of the Mayor (or designee), the City may alter its business
practices, hours of business, and services provided. Examples of potential
measures that could be taken include but are not limited to:
a) Implementing temporary emergency procedures to minimize in -person
contact between employees. Such measures may include greater use of
e-mail, phone, and teleconferences as opposed to in -person meetings
and contact.
b) Reduced Reception and Front Counter Service: The City may alter how
it conducts business with the public by limiting or halting services at
counters/areas of the City Hall and other facilities where front-line
services are typically provided.
c) Partial Work from Home Schedules: Some staff may be permitted or
assigned to perform some work from home temporarily when it is in
the best interests of the City for them to do so.
4.6 Breaks and Meal Periods for Non-exempt Employees
Meal Periods
All non-exempt employees who work more than five (5) consecutive hours in a
workday shall be allowed an unpaid meal period of at least thirty (30) minutes. This meal
period shall commence no less than two (2) hours nor more than five (5) hours from the
beginning of their respective shift. Meal periods shall be scheduled by the employee's
Page 4-4
supervisor. The scheduling of meal periods may vary depending on department workload and
shall comply with applicable law. Meal periods are not counted toward hours worked.
However, if the operational needs of the employee's respective department are such that the
employee is required to remain on duty during their meal period, the employee shall be paid
for the meal period in accordance with applicable law. In this event, the employee must obtain
approval from their supervisor in writing before remaining on duty during their meal period.
Non-exempt employees working three (3) or more hours longer than a normal work
day shall be allowed at least one (1) thirty (30) minute meal period prior to or during the
overtime period.
Meal periods for Commissioned Police Officers are governed by the Police
Department's General Orders in compliance with applicable law.
Rest Breaks
Non-exempt employees are allowed one (1) paid fifteen (15-minute rest break for
every four (4) hours worked. All breaks shall be arranged to minimize disruption to City
business. No employee shall be required to work more than three (3) hours without a rest
break. Employees shall not be permitted to "work through" a rest break in order to have an
abbreviated workday.
4.7 Pavroll Records
The official payroll records are kept by the City Finance Department. All employee
time records must be reviewed and approved by the Department Director (or Director's
designee). Requests for use of compensatory "comp" time must be approved prior to their
submission to payroll. All hours worked by the employee, whether authorized or not, must be
recorded and submitted so that the City can ensure the employee is paid for all hours worked.
4.8 Telecommutin�
4.8.1 Purpose:
A. Telecommuting is a mutually agreed upon arrangement between the employee
and supervisor, and subject to the approval of the Department Director and the
Mayor. Telecommuting is not an entitlement and in no way changes the terms
and conditions of employment. Telecommuting is only viable in cases where
the employee and their supervisor mutually agree that the characteristics of
the job and work style of the employee are well suited to an alternative work
location. Telecommuting may be appropriate for some employees and some
duties, but may not necessarily be viable for every employee or all of their
duties.
B. The City recognizes the value of telecommuting to adequately staff
departments to meet the needs of the citizens under certain circumstances. For
example, telecommuting may be used when insufficient workstations are
available, and the need to share workstations (or place them closer together)
may increase the potential for staff working in close proximity to spread of
Page 4-5
contagious illness. The City also recognizes the potential benefits that may
come from allowing an employee to work from home when that employee is
experiencing temporary or longer -term extenuating personal circumstances,
where a viable amount of work may more easily be performed away from City
premises (this falls outside of ADA- and FMLA-related accommodations).
C. In accordance with the purpose of this policy and the terms contained herein,
the City includes telecommuting as a work option in management -approved
circumstances, for certain positions. When appropriately applied,
telecommuting may allow a more effective use of workspace, improve
productivity for certain jobs/employees, help attract and retain a diverse and
talented workforce, and aid in reducing stress on employees in a variety of
ways, including a reduction in commuting trips to and from work during high
volume traffic times as part of the City's Commute Trip Reduction efforts.
D. This policy does not replace nor supersede employee rights in ADA- or
FMLA-related circumstances or other federal and state laws. This policy
is in addition to any telework arrangements as part of the City's response to a
proclamation of emergency or disaster due to a pandemic.
E. For the purpose of this section "telecommuting" is a work option in which the
employee works from home (or other approved location) for either a portion
of the work week or for the entire work week, for a specified duration. Any
telecommuting from a location out of state must be evaluated by the supervisor
in consultation with human resources to determine applicability of relevant
payroll taxes. The City may deny any request to telework from an out of state
location that causes payroll tax withholding for that location due to the
duration of the employee's stay or the amount of wages earned while working
from that state.
4.8.2 Requests:
A request for telecommuting may be generated by either the Ci . or the
employ
A. At the City's Request or Direction — the City may request or direct an
employee to telecommute for reasons including, but not limited to, emergency
conditions and workspace constraints. When possible, the City will seek for
the telecommuting arrangement to be by mutual agreement. In this case, no
special action is required by the employee, other than to fill out a
Telecommuting Application which is available from Human Resources.
B. At the Employee's Request — an eligible employee may request of their
supervisor the ability to telecommute by completing a Telecommuting
Application. Telecommuting is not an entitlement. To be eligible, an employee
must be
1) In a non -represented (non -union) position,
Page 4-6
2) An employee of the City for at least three (3) months, and
3) Not been subject to a Performance Improvement Plan, employment
investigation that resulted in disciplinary action, or any other disciplinary
action involving a written reprimand or greater, either currently or in the
previous 12-month period prior to the telecommuting request, subject to
the Mayor's discretion.
C. It is strongly suggested that the employee confer with their supervisor before
proceeding with the request, in order that the appropriate criteria may be
established and provided as part of the formal request. The completed
Telecommuting Application shall be signed by the employee and routed for
the noted managerial signatures. The requesting employee's supervisor will
respond to the employee's request to telecommute withing five (5) working
days of the request by either advancing the request to the next level or
discussing with the employee the reasons why the request is not approved.
D. When telecommuting is requested by the employee, the City will consider the
request utilizing the following criteria and factors:
1) The needs of the position, department, and the City;
2) The employee's past and present levels of performance, including trust,
dependability, self -initiative, self-sufficiency and the ability to work
unsupervised;
3) The employee's attendance record;
4) Whether the employee's department will be adequately staffed to meet
minimum customer service demands;
5) Whether the employee can participate (even through remote means) in
necessary meetings and communications, including email, during regular
City hours;
6) Whether the performance of the employee's duties is dependent upon the
location of their workplace; and
7) Whether assigned employee tasks are capable of progress monitoring and
demonstration on a daily or weekly basis.
E. The Mayor or designee reserves and retains the discretion to waive or modify
eligibility criteria and factors depending on individual circumstances.
F. Exempt employees do not need to complete a Telecommuting Application for
telecommuting arrangements that have been approved by their Department
Director provided that the arrangement does not exceed the limitations set
forth in this policy for non-exempt employees.
4.8.3 Types of Telecommuting Arrangements:
The City may authorize two different telecommuting arrangements -
Temporary Telecommuting and Routine Telecommuting:
A. Temporary Telecommuting — Temporary telecommuting may be granted
when the employee is working on a specific project requiring uninterrupted
Page 4-7
focus or as a result of a temporary need or situation, as determined by the
Mayor or designee (e.g., contagion/pandemic mitigation; recuperation from
surgery). The following are the two types of temporary telecommuting:
1) Temporary Short-term Telecommuting — Applies to situations expected
to be short-term in nature (e.g., two weeks or less), including inclement
weather that would make commuting dangerous when City Hall remains
open or for a work project of limited duration that requires the employee
to have uninterrupted focus. Supervisors may informally approve
telecommuting in advance of these situations, particularly in anticipation
of inclement weather or knowledge of a targeted work project.
Temporary short-term telecommuting situations do not require submission
of a Telecommuting Application if the completion of the application will
unnecessarily prevent the employee from working. In those situations, an
email (whenever practical) prior to commencement of the arrangement
from the supervisor, Department Director, Mayor or Mayor's designee,
will suffice.
2) Temporary Medium -term Telecommuting — Applies to situations not
intended to last as long as a regular work schedule, but longer than two (2)
weeks and up to three (3) months, including but not limited to, a longer -
term work project requiring uninterrupted focus, emergency mitigation, or
recuperation from surgery. Temporary medium -term telecommuting
requires management approval through completion of a Telecommuting
Application.
B. Routine Long-term Telecommuting — Routine long-term telecommuting is
a continuous telecommuting request intended as the normal work schedule
without an anticipated end date. Routine long-term telecommuting requires
management approval through completion of a Telecommuting Application.
Routine long-term telecommuting arrangements will be evaluated at least
annually. Additionally, either party, the employee or the City, may revoke or
revise the arrangement at any time by providing the other party with thirty (30)
days written notice.
Employees requesting a routine long-term telecommuting arrangement and
who work an approved alternative work schedule (e.g. 9/80 or 4/10's, or other
arrangement) will be limited to two (2) days of telecommuting per week in the
weeks in which their non -working day falls, thereby requiring the same
number of days on site as an employee who works a regular 5 day a week
schedule. Employees requesting a long-term telecommuting arrangement who
do not work an alternative work schedule will be limited to three (3) days of
telecommuting per week. Exceptions to this may be approved on a case -by -
case basis by the Mayor upon the recommendation of the Department
Director.
See Operating Procedure #320 for information related to the application to telecommute.
Page 4-8
Chapter 5
Compensation
5.1 Employee Pay Rates
5.2 Employee Classifications
5.3 Job Sharing
5.4 Paydays
5.5 Designated Work Week
5.6 Timekeeping Requirements
5.7 Deductions
5.8 Eligibility for Overtime
5.9 Compensatory Time
5.10 Compensation Upon Termination
5.11 Exit Interviews
5.12 Policy Prohibiting Improper Deductions from Employee Paychecks
5.1 Employee Pay Rates
Employee compensation is based on a variety of factors including, but not limited
to, job performance, experience, training or proven capability, initiative, and the City
budget. Pay increases (if any), other than the yearly step increases that may be built into
some of the salaries or those required by a collective bargaining agreement or other
contract, shall be implemented at the discretion of the Mayor and as approved by the City
Council as part of the budget process, or at any time during any determination of
employees' salary or compensation.
5.1.1 New employees shall generally be placed on Step 1 of the established pay
scale for their position on their date of hire and shall progress to Step 2 upon
satisfactory completion of six (6) months of employment and to Step 3 upon
satisfactory completion of an additional six (6) months of employment.
Progression between all other steps will occur upon satisfactory completion
of 12 months of employment or as otherwise provided for in these policies.
5.1.2 In recognition of previous work experience, upon the request of the hiring
authority and approval of the Mayor, new employees may be placed at a step
higher than Step 1 but lower than the top step. New employees starting at any
step above Step 1 will advance to the next Step upon satisfactory completion
of 12 months of employment.
5.2 Employee Classifications
The City uses a 12-month introductory period to evaluate a new employee's job
skills, starting at the time of hire. An employee retained after expiration of their 12- month
introductory period is still considered an "employee at -will," meaning the employee has
not been promised a specific tenure of employment and the City may terminate or lay off
the employee at any time for any reason not otherwise prohibited by law. Similarly, the
Page 5-1
employee can terminate employment with the City at any time. Please also see Policy No.
3.3.
The City may employ full-time, part-time, and temporary employees. Each
employee will be notified of their classification at the time of hire.
Some employees may be eligible for certain benefits provided by the City. Please
see the City's Human Resources Office for eligibility requirements and information as to
specific benefits for which you may be eligible.
5.3 Job Sharing
Employees may seek a job sharing arrangement for their own position by discussing
the feasibility of such arrangements with their Department Director. The Department
Director, along with the Mayor, must first approve any job sharing arrangements. The City
reserves the right to approve or deny any request for a job sharing arrangement as it deems
appropriate in its sole discretion. No employee is "entitled" to participate in a job sharing
arrangement.
Each employee who receives approval to participate in the job sharing arrangement
will be advised as to the conditions of the job sharing arrangement, to include work hours,
compensation rates, and any applicable benefits.
Both employees participating in a job sharing arrangement will be considered part-
time employees. To the extent an employee in a job sharing arrangement is eligible for
benefits, said benefits will be based on the accrual for part-time employees and will accrue
at a pro rata share when compared to full-time hours for the position.
The City reserves the right to require one employee working in a job sharing
arrangement to work full time in the absence of the other employee participating in the
arrangement.
The City reserves the right to rescind the job sharing arrangement at any time, with
or without notice, as it deems appropriate in its sole discretion in order to serve the best
interests of the City and its citizens. Nothing in this Policy shall be construed as altering
the at -will nature of every employee's employment with the City. Along these same lines,
this Policy does not constitute the promise of specific treatment in specific circumstances
and does not constitute a contract of employment. No employee participating in a job
sharing arrangement has any expectation of continued employment or guaranteed
employment for any length of time.
5.4 Paydays
Employees are paid every two weeks on Fridays. The paychecks cover the two -
week pay period ending the previous week.
Page 5-2
5.5 Designated Work Week
For non-exempt, non -emergency personnel covered by federal and state overtime
laws, the designated workweek is 40 hours within a seven (7) day work period. The
workweek begins Sunday at 12:00 a.m. and shall end the following Saturday at midnight
unless otherwise specified. Full-time, non-exempt, non -represented employees may request
a variation from the standard work week in order to accommodate alternative work
schedules (e.g. a 9/80 schedule) on a form approved by the City. All such requests must be
approved by both the Department Director and Mayor. Either party may revoke authorized
alternative work schedules with two weeks written notice to parties involved. This Policy
supplements Personnel Policy No. 4.1 (Working Hours).
5.6 Timekeeping Requirements
This Policy should be read in conjunction with Policy No. 4.3. In order to meet its
obligations under state and federal law, the City requires that all non-exempt employees
accurately record all the time they worked, whether that work takes place off or on City
property. The Employee Self -Service Module is the primary means of recording the
employee's working time or time away from work. These reports are relied on for payroll
calculations and must be accurate at all times. The reports should be filled out daily, and
submitted as accurate by the employee. which in turn is approved by their designated
supervisor for the payroll period.
5.7 Deductions
Some regular deductions from employee earnings are required by law; other
deductions may be specifically authorized by the employee. The City will withhold from
the employee's paycheck those deductions required by law and any voluntary deductions
authorized by the employee in writing. City employees who incur personal expenses which
are billed to the City, such as through cell phone programs, are required to sign a written
agreement authorizing deductions from employee pay for any amounts the employee fails
to pay on a timely basis, including any payments due prior to, or coming due after, issuance
of the employee's final paycheck.
5.8 Eligibility for Overtime
For the purpose of paying any applicable overtime compensation, all City positions
are designated as either "exempt" or "non-exempt" under state and federal wage and hour
laws from overtime compensation. This determination shall be made by the City in
compliance with applicable law. All employees will be notified of their status at the time
of hire, or at the time their status changes. Employees with questions as to whether their
respective job is classified as "exempt" or "non-exempt" should contact the Human
Resources Office.
Non -Exempt Employees:
The City will pay time and one-half of a non-exempt employee's regular rate of pay
for hours paid in excess of 40 hours per designated workweek in compliance with state and
Page 5-3
federal law. Employees are required to report all of their time worked, including any time
spent working outside City premises or work sites using a PDA, Blackberry, Smart -Phone
and the like for work -related matters, as well as logging onto the City's computer system
remotely for work -related matters. Non-exempt employees are not, however, expected or
required to spend time outside their regular working hours checking e-mails, voice -mails
and the like unless otherwise notified by their supervisor. The City shall compensate non-
exempt employees for all hours worked.
All overtime hours and standby duty worked must be approved by the employee's
supervisor in advance. The employee on standby duty must be able to respond within 45
minutes and shall not have consumed alcohol or non-prescription medications which could
impair the employee's ability to safely perform their job duties. No employee on limited or
light duty shall be eligible for standby duty. Any employee who works overtime without
proper authorization will be subject to appropriate disciplinary action, up to and including
termination of employment.
Any work off City premises or work sites must also be pre -approved by the
employee's Department Director. This determination shall be made as deemed appropriate
in the City's sole discretion.
Exempt Employees:
Exempt employees are not entitled to receive overtime compensation. Exempt
positions typically require more than forty (40) hours per week and may require employees
to work on evenings and weekends. Exempt positions cannot be restricted to a specific
number of hours in a workday or workweek. To this end, exempt employees are paid a salary
and do not receive either overtime pay or compensatory time in lieu of overtime pay for
hours worked in excess of 40 per week or any other work period designation applicable.
Exempt employees will not be subject to pay deductions for partial day absences (e.g.
personal time off for errands or appointments) unless authorized by law, but will be required
to deduct for any full day or half day absences from sick leave, vacation or applicable leave
banks. Exempt employees must maintain good work habits, be accountable and available to
their staff and supervisor, and regularly make themselves available during working hours in
order to allow City business to be accomplished. Exempt employees who fail to timely and
appropriately complete the job duties expected of their respective position will be subject to
appropriate disciplinary action, up to and including termination of employment.
5.9 Compensatory Time
Public sector employers are permitted, but not required, to offer compensatory time
off to their employees in lieu of overtime.
Use of compensatory time may also be governed by collective bargaining
agreements as applicable. If not applicable, compensatory time shall be governed by the
following guidelines. Non-exempt employees entitled to overtime pay may request
compensatory time off instead of cash payment. The decision of whether to grant
compensatory time is made on a case -by -case basis by the employee's Department Director
or designee. If the compensatory time off option is exercised, the employee is credited with
Page 5-4
one and one-half times the hours worked in lieu of a cash payment for overtime earned.
Maximum accruals of compensatory time off shall be limited to forty (40) hours for regular
employees. After maximum accrual, overtime compensation will be paid.
Any accrued and unused compensatory time shall be paid out each year in the first
paycheck of December. Upon separation from employment for any reason, accrued and
unused compensatory time shall be paid out. Requests for compensatory time off require
planning for staffing and City business needs and must be made in advance in accordance
with your department's policy.
Exempt employees are not entitled to compensatory time.
5.10 Compensation Upon Termination
When an employee's status as an employee with the City is terminated (whether
voluntarily or involuntarily), the employee will receive their final paycheck on the next
regularly scheduled payday:
Employees who depart in good standing may also receive a lump sum payment of
accrued, but unused, vacation time (if applicable), up to 240 hours (less any unpaid personal
expenses incurred by the employee for which they have failed to previously reimburse the
City).
Employees who have engaged in any form of misconduct, dishonesty or conduct
that may expose the City to liability or claims (as determined in the City's discretion) shall
receive payment for any remaining wages due for the period of time the employee actually
provided services to the City, including overtime or accrued compensatory time, but will
not be paid for any accrued but unused vacation time.
To the extent authorized by law, the City may deduct any unpaid personal expenses
incurred by the employee for which they have failed to previously reimburse the City from
the employee's final paycheck (regardless of whether the employee receives payment for
accrued but unused vacation leave).
5.11 Exit Interviews
An exit interview is generally set up with the Human Resources Office for the return
of City property such as office keys and ID cards. Departing employees have the option,
during the exit interview to share their work experience with the Human Resources Office
to discuss how City operations could be improved. Exit interviews, if conducted, are
maintained for use by City management and not for general disclosure unless otherwise
required by law.
Page 5-5
5.12 Policy Prohibiting Improper Deductions from Employee Paychecks
It is the policy of the City to comply with federal, state, and local law regarding
payment of wages to our employees. Therefore, we prohibit all improper deductions from
the wages of employees. We want employees to be aware of this Policy and that the City
does not allow deductions that violate the law.
The City strives to ensure that every employee's paycheck is completely accurate.
However, in the event that you believe an error or improper deduction has been made in
regard to your paycheck, you must immediately report the situation to your immediate
supervisor or the Human Resources Office.
Reports of improper deductions will be promptly investigated. If it is determined
that an error or improper deduction has occurred, you will be promptly reimbursed for any
error or improper deduction made.
Page 5-6
Chapter 6
Performance Evaluations and Training
6.1 Performance Evaluations
6.2 Training and Education
6.3 Employee Special Training Obligations
6.4 Educational Assistance Program for Non -union City Employees
6.1 Performance Evaluations
To achieve the City of Port Orchard's goal to train, promote and retain the best -
qualified employees for every job, the City may conduct periodic performance evaluations
for all positions. Employees are generally evaluated by their supervisor prior to completion
of their introductory period and usually once every year, on or around their hire date,
thereafter. However, the City reserves the right to modify this schedule in its sole discretion
and to conduct or not conduct performance evaluations as it deems most appropriate.
Performance evaluations are part of an employee's personnel record and may be a
factor in determining whether the City will continue to employ the subject employee, and
whether the employee will be promoted, transferred, demoted, laid off, or terminated.
Employees may be evaluated on a variety of job skills, including technical skills,
communications skills, teamwork and attitude, initiative and other skills that make up an
exemplary employee.
As set forth above, the timing, manner, and nature of performance evaluations shall
be determined by the City as determined appropriate in its sole discretion.
6.2 Training and Education
City sponsored training which is required for the performance of an employee's job
duties shall be arranged whenever possible during regularly scheduled work hours. An
employee's respective Department Director may change the employee's regular schedule
to accommodate required attendance at training activities during normally off- duty hours.
Schedules may also be adjusted to allow employees to attend non -required training,
provided the training activity is designed to increase the knowledge, skills and abilities of
an employee for the position the employee presently occupies. Pre -approved training
attendance is considered time worked except where the training is voluntary, occurs outside
regular business hours, is not job related, and the employee performs no work during the
training. Absences due to training must have prior approval by the employee's Department
Director.
Page 6-1
6.3 Employee Special Training Obligations
Employees who attend courses, conferences, or special schooling/training
(collectively referenced in this Policy as the "program") that is paid for by the City may be
required to sign an agreement regarding the conditions under which the City shall be
reimbursed by the employee for the cost of the respective program (including travel, meals,
and lodging) as a condition of the employee being permitted to participate in the program.
These conditions may include the employee being required to reimburse the City for the
cost of the employee's attendance at the program if the employee voluntarily leaves the
employ of the City within a specified time period after the program.
6.4 Educational Assistance Program for Non -union City Employees
The City has established an educational assistance program through Educational
Incentive Pay or Tuition Reimbursement to provide employees with the opportunity to
enhance their development, to increase their knowledge and skills, and to earn
undergraduate and advanced degrees that are related to their work. Courses must be directly
related to the employee's current job, an advanced position within the City, or an identifiable
career path within the City in order to qualify for reimbursement. Classes must not interfere
with an employee's normal work schedule and the time spent in such classes is not
compensable work time. The number of classes approved per semester/quarter will depend
on the current department's budget.
6.4.1 Eligibility
Regular, full-time employees who have completed 12 months of continuous
employment are eligible to apply for the program. Employees hired before August 1, 2010
are either eligible for Educational Incentive Pay or Tuition Reimbursement. Employees
hired after August 1, 2010 are only eligible for Tuition Reimbursement.
6.4.2 Educational Incentive Pay
Education Incentive Pay is eligible to only employees hired before August 1, 2010.
Employees who are not required to have an Associate, Bachelor degree or Master's degree
as a qualification for their job duty, shall be eligible to receive the educational incentive
pay. If the employee receives an Associate degree from an accredited college or university
in an eligible course of study during employment with the City, the employee shall be
eligible to receive a 1 % increase in their base pay per hour. If the employee receives a
Bachelor or Master's degree from an accredited college or university in an eligible course
of study during employment with the City, the employee shall be eligible to receive a 2%
increase in their base pay per hour.
In order to be eligible for education incentive pay under this Policy, the employee
must:
1. Be a regular full-time employee of the City of Port Orchard and hired before
August 1, 2010;
2. Provide an official transcript, diploma, and/or any other documentation
Page 6-2
required by the City. All such documentation must be in a form satisfactory
to the City in its discretion; and
3. Obtain written approval by the Mayor (or Mayor's designee) for the employee
to receive education incentive pay under this Policy.
The City reserves the right to discontinue this Education Incentive Pay Policy at any
time determined appropriate in the City's discretion.
This Policy shall not apply to unionized City employees or employees with an
individual employment contract. Educational incentives, if any, for these employees are
governed by the applicable collective bargaining agreement or employment contract.
6.4.3 Tuition Reimbursement
Upon the approval of the Mayor (or Mayor's designee), the City of Port Orchard
may reimburse an employee tuition expenses for a formal course of study from an
accredited college or university to obtain an Associates, Bachelor's or Master's degree
which will increase the employee's knowledge and skills vis-a-vis their present job duties
at the City and thus be beneficial to the City. Any such tuition reimbursement shall be
subject to the parameters and rules in this Policy.
Time spent by an employee in attendance at courses under this Policy shall be
considered the employee's personal time and shall not be compensated by the City. Any
books, supplies, or other non -tuition expenses incurred by the employee relating to their
respective course of study taken under this Policy will be at the sole expense of the
employee. In addition, the City shall not reimburse any employee for tuition costs that have
or will be paid by a third party or entity.
Employees may be eligible for tuition reimbursement under this Policy by meeting
the following conditions:
1. The employee must be a regular full-time employee of the City of Port Orchard;
2. Prior to enrollment, the Mayor (or Mayor's designee) must have pre -approved,
in writing, the employee's participation in this program, as well as the employee's
choice of educational institution and course of study;
3. The employee's application for tuition reimbursement must be made within sixty
(60) days following the successful completion of the respective course for which
the employee seeks tuition reimbursement;
4. The employee must complete the course(s) for which they seek reimbursement
with a passing grade. The employee shall provide appropriate documentation (as
determined by the City in its discretion) to the Mayor (or Mayor's designee) from
the applicable university or college which substantiates the grade in the course(s)
for which the employee seeks reimbursement and the amount of the
reimbursement requested by the employee; and
Page 6-3
5. Funds to reimburse the employee for tuition must be available in the current
applicable department budget. The City reserves the right to discontinue this
Policy at any time determined appropriate in the City's discretion. In addition,
the City reserves the right to refuse to allow any employee to participate in this
program and to discontinue any employee's participation in this program at any
time, for any reason, determined appropriate in the City's discretion.
Any employee choosing to participate in this program may be required to sign an
Agreement obligating the employee to repay the City for the cost of all tuition
reimbursement paid by the City to the employee under this Policy for the preceding two (2)
years in the event that the employee terminates employment with the City (measured
backward from the employee's last day of employment with the City). This Agreement shall
contain, among other things, authorization by the employee for the City to deduct monies
owed to the City by the employee under this Policy from the employee's paycheck(s).
This Policy shall not apply to unionized City employees or employees with an
individual employment contract. Tuition reimbursement, if any, for these employees are
governed by the applicable collective bargaining agreement or employment contract.
Page 6-4
Chapter 7
Benefits
7.1
Retirement Benefits
7.2
Workers' Compensation
7.3
Light Duty Policy
7.4
Health and Welfare Insurance Benefits
7.5
Continuation of Insurance Coverage
7.6
Longevity Pay
7.7
Employee Assistance Program
7.1 Retirement Benefits
The City makes contributions as required by law on behalf of all eligible employees
to the Social Security System in addition to those contributions made by the employee
through FICA payroll deductions.
All regular full-time and part-time employees may also be eligible (as applicable)
for retirement benefits under the State of Washington's Public Employees' Retirement
System ("PERS"), the Law Enforcement Officers and Fire Fighters' Retirement System
("LEOFF") for the State of Washington, or other retirement plans as long as their
compensated hours continue to qualify them for service credit under an applicable plan.
State law may require the participation of eligible employees in these programs.
Participating employees shall pay any required amounts toward contribution costs by
means of an authorized payroll deduction. For coverage and other information relating to
these benefits, please contact the Human Resources Office.
Employees intending to retire are requested to notify their Department Director and
the Human Resources Office of their intent to retire at least three months prior to the date
of retirement.
7.2 Workers' Compensation
A. Employees are generally covered by the State of Washington Workers'
Compensation Program administered through the Department of Labor and
Industries (L&I). This insurance covers eligible employees in case of on-the-job
injuries or job- related illnesses. For qualifying cases, Workers' Compensation may
provide for medical and hospital expenses and for partial compensation for time lost
from work due to job -related injuries or illnesses.
B. All job -related accidents, injuries, or illnesses (regardless of nature) must be reported
as soon as possible to the employee's supervisor. The employee's supervisor will
notify the City's Human Resources Office. The failure of any employee to timely
report a job -related accident, injury, or illness to their supervisor may result in the
delay or denial of Worker's Compensation benefits. All such reports will be
investigated to the extent necessary and processed in accordance with applicable law.
If appropriate, the investigation may address ways in which the incident can be
Page 7-1
avoided in the future.
C. Employees reporting an on-the-job injury or illness will receive immediate and
appropriate medical treatment to the extent appropriate and possible. When an
employee sustains an injury that requires outside medical treatment, is involved in a
job -related accident, or in other circumstances determined appropriate by the City,
the employee may also be subject to testing for the presence of drugs and/or alcohol
in their system to the extent permitted by law. Employees may be subject to
discipline, up to and including termination, for refusing to take such a test.
D. When an employee is absent for one or more days, and seeks treatment, due to an on-
the-job accident, injury, or illness, the employee is required to file a claim for
Workers' Compensation. If the illness or injury is one for which time -loss payments
are provided through the workers' compensation system, the employee will indicate,
via their electronic timesheet, to receive only such time -loss payment or to use paid
leave in combination with workers' compensation benefits as follows:
(1) An employee choosing to receive only such time -loss payment as provided
by workers' compensation will indicate "Leave without Pay" or alternative
designation set up by payroll to indicate their choice to collect only the
workers' compensation time -loss.
(2) An employee choosing to take any type of available paid leave while
receiving workers' compensation benefits will receive the full value of such
paid leave in addition to their time -loss payments.
E. Employees do not have the option to "buy back" accrued leave with their L&I check
unless otherwise specifically required by law or contract.
F. Employees do not accrue vacation or sick leave (or any other employment benefits)
while on leave (except to the extent that the employee uses accrued paid leave for
the absence), unless otherwise specifically required by law, City policy, or contract.
G. The City may require any leave of absence under this Policy to run concurrently with
any other leave of absence such as FMLA leave to which the employee may be
entitled. The employee's healthcare benefits will continue while an employee is on
unpaid FMLA leave in the same manner such benefits were paid while the employee
was actively working.
7.3 Light Duty Policy
Light -duty assignments under this policy are temporary job assignments for
employees who suffer an on-the-job illness or injury that temporarily limits their ability to
perform their regular work assignment. Such light -duty assignments are temporary
assignments only, are not vacant or permanent positions within the City's workforce, and
are not available to employees on a "permanent" basis. The availability of such light -duty
assignments depends upon the employee's restrictions and the business needs of the City
at that time. The existence of this light duty policy does not in any way guarantee that light
duty will be available at any given time or for any particular duration; however, the offering
and availability of light duty assignments shall be evenly applied to all City employees to
Page 7-2
the extent feasible. The City reserves the right, in its discretion, to determine whether to
offer a light duty assignment. No employee shall be "entitled" to receive a light duty
assignment under this policy.
This policy is not intended to address circumstances where an employee is
medically determined to have sustained permanent restrictions upon their ability to perform
their respective essential job functions. In such cases, the City will review the employee's
situation separately and in compliance with the Americans With Disabilities Act (ADA),
any other applicable law, as well as any other applicable City policies in order to determine
what, if any, reasonable accommodations may be appropriate and any other legal
requirements. Similarly, the City shall review and process situations where an employee
suffers an off -the -job injury or illness in full compliance with the ADA and any other
applicable authority to determine what, if any, reasonable accommodations may be
appropriate.
See Operating Procedure #350 for the procedure related to light duty.
7.4 Health and Welfare Insurance Benefits
Regular full-time and part-time employees of the City of Port Orchard may be
eligible to participate in the City's various insurance programs. The programs and criteria
for eligibility will be explained upon hire. The City reserves the right to make changes in
the carriers and provisions of these programs (including the elimination or modification of
any or all programs) when deemed necessary or advisable in its discretion. For more
information regarding these benefits and eligibility requirements, please see the Human
Resources Office.
The terms and conditions of health insurance benefits for the City's unionized
employees are governed by the applicable collective bargaining agreement. Temporary
employees are not normally eligible for health insurance coverage.
A. Medical Coverage. For regular full-time employees and part time employees working
30 or more hours per week per ACA statute, the City provides medical insurance
coverage (these employees shall pay a portion of the premium for this insurance, as
determined appropriate by the City in its discretion).
For regular part-time employees working less than 30 hours per week, the City pays
50% of the medical insurance premium for the employee only if the employee elects
to pay 50% of the premium by payroll deduction. The employee may elect to
purchase medical insurance coverage for their spouse/registered domestic partner
and/or dependents at their own expense by payroll deduction.
B. Dental Coverage. For regular full-time employees and part time employees working
30 or more hours per week per ACA statute, the City provides dental insurance
coverage for the employee, spouse/registered domestic partner, and dependents.
These employees shall pay a portion of the cost for this insurance as determined
appropriate by the City in its discretion. The City does not offer dental insurance
coverage to part-time employees or their dependents.
Page 7-3
C. Vision Coverage. For regular full-time employees and part time employees working
30 or more hours per week per ACA statute, the City provides vision insurance
coverage for the employee, spouse/registered domestic partner, and dependents.
These employees shall pay a portion of the cost for this insurance as determined
appropriate by the City in its discretion. The City does not offer vision insurance
coverage to part-time employees or their dependents.
D. Life Insurance. The City may self -insure or purchase a $50,000 life insurance and
accidental death and dismemberment policy for the employee (subscriber) only.
Employees may be able to purchase additional insurance for themselves and their
spouse. Life Insurance is not available to temporary employees or part-time
employees regularly working less than 30 hours per week.
E. Waiver of Medical Care Coverage_ Employees waiving coverage are subject to
verification for waiver eligibility as requested by the Employer. In the event, in an
open enrollment period, the number of potential waivers exceeds the available
capacity, there will be a lottery for the available spots. Those employees wishing to
waive medical coverage but not being drawn in the lottery will be placed on a waiver
waiting list. When there are names on the waiver waiting list, no employees will be
allowed to waive coverage until the next open enrollment period. If no waiver
waiting list exists, employees will be allowed to waive coverage on a first -come,
first -served basis as determined by the timing of the request. Participants will not be
unenrolled from their medical plan until the City has verified that the employee is
eligible to waive their participation in the Employer's group medical care coverage.
F. HRA VEBA Contribution for Non -Participants. If a full-time employee (including
those working 30 or more hours per week) who is otherwise eligible to participate in
the City's medical care coverage as provided for in this policy 7.4 elects to waive
such coverage (and provided the related insurance companies involved allow for such
waiver), the City shall contribute five hundred dollars ($500) per month towards an
HRA VEBA account established for such employee, in lieu of such medical care
coverage. The HRA VEBA contribution shall be made directly into the applicable
account, in accordance with the Employer's normal payroll processes, at the end of
the last payroll period of the applicable month. Such contribution shall only be made
for those full months in which the employee's waiver is in effect; no prorated
contribution for partial months shall be made. Employees who waive the City's group
medical care coverage may not be eligible to return to such medical coverage until
open enrollment periods as outlined by the insurance carrier.
G. Additional eli ig bility criteria. In addition, in order to be eligible to receive health and
welfare benefits, the employee must meet the minimum hours of work per month as
described below (as well as all other requirements of the plan provider).
1) New and current qualifying employees must be compensated for a minimum
of 40 hours in the preceding month in order to be eligible for insurance
benefits in the following month. (e.g. must be paid for at least 40 hours in
February in order to receive insurance benefits for the month of March.)
Page 7-4
2) Employees separating from employment will lose benefits at the end of the
month in which they separate, even if they have been compensated for 40 or
more hours in that month. (e.g. last day of employment is March 25, coverage
ends March 31.)
3) Employees on leave under Washington Paid Family Leave or federal Family
and Medical Leave will have insurance paid in accordance with the applicable
rules and regulations.
7.4.1 HRA VEBA
A health reimbursement arrangement (HRA) is a type of health plan that reimburses
out-of-pocket health care costs incurred by you, your spouse, and qualified
dependents. All contributions, investment earnings, and withdrawals (claims) are tax-
free. The HRA VEBA plan is offered by the non-profit HRA VEBA Trust.
A. City Contributions. The City may contribute an amount to an employee's HRA
VEBA account as approved by the City Council through the budget process,
personnel policy, resolution or ordinance.
B. Department participation. City departments may participate and those non -union
department employees contribute to a VEBA via payroll deduction. All non -union
employees, current and new hires (excluding temporary or seasonal employees),
within a participating department are mandated to contribute the amount
determined per department. Contributions are deducted bi-monthly (2 times per
month) from the employee's paycheck. Smaller departments have been combined
for the ease of administration and constitute one "department" for the purposes of
this policy. See Operating Procedure 370 for the procedure related to voting.
Contact Human Resources for the list of departments and department members.
C. Amounts may be revaluated from time to time and changed as agreed to by the
department, City and IRS regulations.
D. The employee shall be responsible for all fees charged by HRA VEBA for their
account.
7.5 Continuation of Insurance Coverage
Employees may be eligible, at their expense, to continue to receive their City health
insurance benefits for a defined period of time upon termination from City employment or
upon commencement of an unpaid leave of absence in accordance with the provisions of
the federal Consolidated Omnibus Reconciliation Act ("COBRA"). Specific information
regarding continuing coverage will be provided in appropriate circumstances. In addition,
requests for information regarding COBRA may be directed to the Human Resources
Office.
7.6 Longevity Pay
All non -union represented employees hired before November 1, 2001, shall be
eligible for longevity pay as follows:
After completion of two (2) years full-time employment, an employee shall be
Page 7-5
eligible for longevity pay. Such longevity pay shall be the employee's base pay plus one -
quarter of one percent (.25%) for each additional year of employment. Each longevity pay
increase shall commence in the pay period that the employee's anniversary date of the
employment occurs as calculated by the payroll software, and each longevity increase shall
be calculated on the base pay for the position held by the employee.
Longevity pay will be granted to eligible employees and adjusted thereafter on their
anniversary date of their employment.
Employees hired after November 1, 2001 shall not be eligible to receive longevity
pay.
7.7 Employee Assistance Program
Full-time and regular part-time employees may be eligible to participate in an
Employee Assistance Program (EAP) consisting of professional and confidential
counseling and assistance to employees whose job performance, health, or well-being are
adversely affected by personal problems.
The City recognizes that a wide range of personal problems, such as emotional or
mental stress, marital or financial difficulties, or drug or alcohol dependency, can affect an
employee's performance. These problems may or may not be caused by or related to the
individual's responsibilities as an employee, but nevertheless, they may have an effect on
work performance, safety, or overall welfare of that employee, co-workers, and the City.
In an effort to provide a means for assisting employees and their families in identifying,
beginning to deal with, and hopefully overcoming problems of this nature, the City has
established an EAP. The program is designed to allow the employee and their family to
voluntarily and confidentially seek professional assistance from an independent counseling
service. An EAP agency is an independent agency, which provides professional and
confidential diagnostic, counseling and referral service to City employees and their families
by contract.
In addition, when work performance problems are identified and cannot be
corrected by the supervisor through normal corrective actions, use of the EAP may be
suggested by the supervisor. The existence of non -work related personal problems does not
release the employee from the responsibility to perform their job responsibility
satisfactorily. Utilization of the EAP agency during normal working hours will be subject
to the use of sick leave.
The employee and their family may also choose to use the EAP agency's services
independently without the suggestion of a supervisor. The self -initiated contact between
the employee, their family and the agency will be confidential and records are not
accessible to either the supervisor or the City. The EAP agency will provide up to three
diagnostic sessions and, if necessary, a referral to potential service agencies for specific
treatment. Coordination of medical benefits for the additional counseling or referral
assistance by the EAP is determined by the medical plan covering the individual employee.
Questions concerning insurance coverage or the EAP in general can be referred to Human
Resources Office.
Page 7-6
Chapter 8
Leave
8.1 Vacation Leave
8.2 Leave Sharing
8.3 Personal Holidays
8.4 Sick Leave
8.5 Bereavement Leave
8.6 Leave Without Pay
8.7 Jury and Witness Leave
8.8 Domestic Violence Leave
8.9 Administrative Leave
8.10 Military Leave
8.11 Holidays
8.12 Religious Holidays
8.13 The Federal Family and Medical Leave Act of 1993 (FMLA) and Related Leave
Under Washington Law
8.14 Washington Paid Family and Medical Leave
8.15 Volunteer Emergency Services Leave
8.16 Military Family Leave
8.17 Washington Family Care Act
8.1 Vacation Leave
A. Regular full-time and part-time employees may be eligible to earn vacation leave as
outlined in the applicable collective bargaining contract, or employment agreement.
Accordingly, the foregoing documents must be read in conjunction with this Policy
to the extent they are applicable to any respective employee.
B. FLSA Non Exempt Employees (i.e. overtime eligible employ)
All regular FLSA Non -Exempt employees shall accrue vacation leave at the rates
below per regular paid straight time hour (excluding overtime and leave cashout):
Employment
Year
Months of
Employment
Accrual
Rate
Max
accrual per
pay period
Illustrative
Accrual per
Year
1
0-11
0.0385
3.08
80.08
2
12-23
0.0423
3.38
87.88
3
24-35
0.0500
4.00
104.00
4
36-47
0.0538
4.30
111.80
5
48-59
0.0577
4.62
120.12
6
60-71
0.0615
4.92
127.92
7
72-83
0.0654
5.23
135.98
8
84-95
0.0692
5.54
144.04
9
96-107
0.0731
5.85
152.10
Page 8-1
Employment
Year
Months of
Employment
Accrual
Rate
Max
accrual per
pay period
Illustrative
Accrual per
Year
10
108-119
0.0769
6.15
159.90
11
120-131
0.0808
6.46
167.96
12
132-143
0.0846
6.77
176.02
13
144-155
0.0885
7.08
184.08
14
156-167
0.0923
7.38
191.88
15
168-179
0.0962
7.70
200.20
16
180-191
0.1000
8.00
208.00
17
192-203
0.1038
8.30
215.80
18
204-215
0.1077
8.62
224.12
19
216-227
0.1115
8.92
231.92
20 or more
228 plus
0.1154
9.23
239.98*
* This number shall be interpreted to mean the maximum accrual limit
applicable to positions covered by this chart.
C. FLSA Exempt Employees (i.e. employees exempt from overtime)
All regular FLSA Exempt employees shall accrue vacation leave at the rates below
per regular paid straight time hour (excluding overtime and leave cashout):
Employment
Year
Months of
Employment
Accrual
Rate
Max
accrual per
pay period
Illustrative
Accrual per
Year
1
1-11
0.0769
6.15
159.90
2
12-23
0.0769
6.15
159.90
3
24-35
0.0808
6.46
167.96
4
36-47
0.0846
6.77
176.02
5
48-59
0.0885
7.08
184.08
6
60-71
0.0923
7.38
191.88
7
72-83
0.0962
7.70
200.20
8
84-95
0.1000
8.00
208.00
9
96-107
0.1038
8.30
215.80
10
108-119
0.1077
8.62
224.12
11
120-131
0.1115
8.92
231.92
12
132-143
0.1154
9.23
239.98
13
144-155
0.1192
9.54
248.04
14
156-167
0.1231
9.85
256.10
15
168-179
0.1269
10.15
263.90
16
180-191
0.1308
10.46
271.96
17
192-203
0.1346
10.77
280.02
18
204-215
0.1385
11.08
288.08
19
216-227
0.1423
11.38
295.88
20 or more
228 plus
0.1462
11.70
304.20*
* This number shall be interpreted to mean the maximum accrual limit
Page 8-2
applicable to positions covered by this chart.
D. Regular Part -Time Employ
All vacation leave benefits shall only apply to regular part-time employees who
regularly work at least 20 hours per week.
E. Other Terms and Conditions of Vacation Leave:
1) The hourly vacation accrual rate listed above for both Non -Exempt and Exempt
employees is pro -rated in the event less than a full hour of pay is earned.
2) Vacation will be taken in a minimum of quarter-hour increments unless an
employee is exhausting their vacation leave balance prior to going on leave
without pay or upon cashout as a result of separation of employment.
3) Temporary employees are not eligible for vacation benefits.
4) Employees do not accrue vacation benefits during leave without pay.
5) Vacations should be scheduled in order to minimize disruption to City operations.
Leave requests should be submitted through Employee Self -Service Module as
far in advance as possible (and at least two weeks prior) to taking vacation leave.
Vacation requests will be granted or denied based upon City operational needs as
determined in the supervisor's discretion.
6) Holidays observed during an employee's vacation leave shall not be counted as
vacation leave taken.
7) All leave is paid at the employee's regular hourly rate.
8) If an employee becomes ill or injured during their vacation leave, the employee
may request that the time be counted as sick leave, rather than charged against
accrued vacation leave. Substitution of sick leave for vacation leave must be
approved by the employee's supervisor and satisfactorily confirmed by the
employee's healthcare provider.
9) The Mayor may authorize the appointing authority and Human Resources to
credit an employee with a maximum of 40 hours of vacation leave accrual for
purposes of recruitment. The amount of the lump sum will be at the sole
discretion of the Mayor.
F. Minimum Annual Usage Requirement
After two (2) full years of employment, each full-time non -represented employee
must use at least 40 consecutive hours of leave each calendar year. Part-time
employees must use a pro -rated consecutive amount based on their scheduled work
hours for the calendar year. Failure of an employee to use at least the minimum
required amount in a full calendar year (January 1 to December 31) will result in the
forfeiture of the difference between the required minimum amount and the actual
vacation hours used in the calendar year. Such forfeiture will occur after any
forfeiture of hours related to exceeding the maximum carryover at year end as
provided for below. The Mayor may grant an exception to the "consecutive" use
requirement in extenuating circumstances, but may not grant an exception to the
annual usage requirement.
Page 8-3
1) Vacation leave may be combined with other paid time off such as holidays
(including personal holidays) to fulfill the 40 consecutive hour requirement.
G. Maximum Annual Carry -Over
1) The maximum amount of vacation leave for any employee that may be carried
over from one calendar year to the next is 320 hours.
2) Any accrued vacation in excess of the amounts indicated above which is not used
by the end of the calendar year (December 31 st) will be forfeited without
compensation, except in cases where the City has specifically informed the Non -
Exempt employee that City operational need has made it impractical for the
employee to use vacation time. In that instance, the Non -Exempt employee will
be paid in cash (at their regular rate of pay) for the value of the specific vacation
leave which the City informed the Non -Exempt employee they would not be able
to use. No Non -Exempt employee shall be eligible to receive this cash payment,
however, for any vacation leave which was not previously scheduled prior to
December I st. Exempt employees are not eligible for the cash -out provision of
this paragraph.
H. Cashout upon Separation of Employ
1) Subject to the limitation set forth in this subsection, Exempt and Non Exempt
employees may receive pay for any portion of their vacation leave which is
earned, but not taken, as of their effective termination date; provided, that in case
of a voluntary termination, the employee shall have given at least fourteen (14)
calendar days' written notice of such termination before being entitled to receive
such pay (a failure to provide the required 14-day notice period shall result in the
employee forfeiting a cashout of their accrued but unused vacation leave).
2) Upon date of termination the employee shall be compensated, at the employee's
regular rate of pay, for up to two hundred forty (240) hours of their vacation leave
accrued but not used.
3) If an employee has accrued vacation in excess of 240 hours, the employee may
request (pending approval in the City's sole discretion) to be continued on the
payroll for the time equivalent to the amount of time in excess of 240 hours of
accrued vacation leave. If an employee is not approved to continue on the payroll,
any vacation leave accrued in excess of 240 hours shall not be cashed out to the
employee and shall be forfeited.
4) Upon the death of an employee, vacation leave will be cashed out in accordance
with this policy.
5) Accrual rates do not apply to cash -out hours.
8.2 Leave Sharing
An employee may only donate vacation leave to another employee. Sick leave,
accrued compensatory time, floating holidays or other type of leave are not eligible for
donation to another employee. See Operating Procedure #380 for the procedure related
leave sharing.
Page 8-4
8.3 Personal Holidays
Unless otherwise governed by collective bargaining contract, employment
agreements or benefits resolutions, employees shall receive sixteen (16) hours in their
personal holiday leave bank each year to be used by the employee upon request and
approval of their supervisor or as required by law Regular part-time employees accrue
Personal Holiday leave on a pro-rata basis based on the FTE percentage for the position as
shown in the personnel table in the budget adopted by the City Council. Temporary
employees are not eligible for Personal Holidays. Personal Holidays hours must be used
before the end of the year or they will be forfeited and have no cash value upon separation
of employment.
8.4 Sick Leave
A. Regular full-time and part-time employees may be eligible to earn sick leave as
outlined in the applicable collective bargaining contract or employment agreement.
Accordingly, the foregoing documents must be read in conjunction with this Policy
to the extent they are applicable to any respective employee.
B. Accrual Rates for Regular Employees
Regular full-time and part-time employees accrue sick leave at a rate of 0.0462 hours
per regular straight -time hour paid.
C. Accrual Rates for Temporary Employ
Temporary employees will be eligible to earn 0.025 hours of paid sick leave for every
one (1) regular straight time hour an employee works. Once a temporary employee
has been employed for 90 days they may use accrued sick leave per the city's policy.
D. Maximum Annual Carrv-Over
The maximum amount of sick leave for any employee that may be carried over from
one calendar year to the next is nine hundred sixty (960) hours. Any accrued sick
leave in excess of this amount which is not used by the end of the calendar year
(December 31 st) will be forfeited without compensation.
E. Other Terms and Conditions of Sick Leave
1) Sick leave is a conditional benefit based on the existence of a qualifying medical
condition. Each employee is expected to manage their sick leave balance in order
to adequately cover their needs. There is no entitlement to sick leave outside of
the allowable uses outlined in these policies or granted under state or federal law.
2) If an employee is on leave under the FMLA, all accrued sick and vacation leave
must be used concurrently as part of the FMLA leave. Please also refer to the
City's FMLA Policy.
3) Accrued but unused sick leave shall have no cash value upon separation of
employment (whether voluntary or involuntary) and may not be "cashed -out" by
an employee.
4) Sick leave shall not accrue for any pay period during which an employee is
Page 8-5
absent, except for pay periods during which the employee is paid by the City for
all absences by the use of accrued paid time off. (For example, employees shall
not accrue sick leave while on unpaid leave or while exclusively receiving time
loss benefits from L&I).
5) This Policy is intended to comply with Washington's Family Care Act, the Paid
Sick Leave Act and any other applicable law. In the event of a conflict between
any applicable law and this Policy, the applicable law shall govern.
6) Allowable Uses of Paid Sick Leave: Paid sick leave may be used by the employee
to cover those situations in which an employee is absent from work due to:
a. An absence resulting from an employee's own mental or physical illness,
injury, or health condition; to accommodate the employee's need for medical
diagnosis, care, or treatment of a mental or physical illness, injury, or health
condition; or an employee's need for preventive medical care;
b. To allow the employee to provide care for a family member with a mental or
physical illness, injury, or health condition; care of a family member who
needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or health condition; or care for a family member who needs preventive
medical care; provided that the employee must make a reasonable effort to
schedule such appointments at times which have the least interference with
the work day. Family member is defined under Paid Sick Leave Law as:
■ A child, including a biological, adopted, or foster child, stepchild, or
a child to whom the employee stands in loco parentis, is a legal
guardian, or is a de facto parent, regardless of age or dependency
status;
■ A biological, adoptive, de facto, or foster parent, stepparent, or legal
guardian of an employee or the employee's spouse or registered
domestic partner, or a person who stood in loco parentis when the
employee was a minor child;
■ A spouse;
■ A registered domestic partner;
■ A grandparent;
■ A grandchild; or
■ A sibling.
c. When City Hall has been closed by order of a public official for any health -
related reason, or when an employee's child's school or place of care has been
closed for such a reason; and
d. For absences that qualify for leave under the state's Domestic Violence Leave
Act (DVLA).
e. Exposure to a contagious disease where on-the-job presence of the employee
would jeopardize the health of others;
f. Use of a prescription drug that impairs job performance or safety;
7) Sick leave may not be taken until it is earned. If sick leave is exhausted, accrued
vacation leave, if any, will be used in its place (subject to eligibility
requirements).
8) Sick leave pay will not be granted for hours beyond what is considered the
employee's regularly scheduled hours. Employees must notify their direct
Page 8-6
supervisor with as much notice as possible before they are scheduled to begin
work if they intend to use sick leave. Employees request their sick leave for
approval by their supervisor through the online Employee Self -Service Module.
9) The City may require a certification from an appropriate healthcare provider
verifying the necessity for the use of sick leave. In addition, a doctor's
certification may be required when an employee uses sick leave in excess of three
(3) consecutive work days or as otherwise determined appropriate by the City in
its discretion. The City may also request the opinion of a second doctor at the
City's expense. When indicated, the City may request an employee be evaluated
at the City's expense to determine whether the employee suffers from a chronic
physical or mental condition which impairs the employee's ability to perform the
essential functions of their job, to assist in evaluating the employee's return to
work options and to determine issues relating to any request for an
accommodation.
10) Employees who are habitually absent due to illness or disability may be
terminated if they are unable to perform the essential functions of their job with
or without a reasonable accommodation and/or their disability cannot be
reasonably accommodated and the employee's absenteeism prevents the orderly
and efficient running of the City's business. The City will comply with all
applicable laws when making determinations in this regard.
11) Employees who use all of their accumulated sick leave and require more time off
work due to personal illness or injury may, with the Department Director's
approval, be placed on a leave without pay. (See Personnel Policy No. 8.6
regarding leave without pay.) No employee, however, is entitled to receive leave
without pay unless otherwise required by law. The decision as to whether an
employee may receive leave without pay shall be made on a case -by -case basis
as determined appropriate in the City's sole discretion.
12) Employees who abuse sick leave privileges shall be subject to appropriate
discipline, up to and including termination of employment.
8.5 Bereavement Leave
Employees shall be allowed up to twenty-four (24) hours bereavement leave for death
in the immediate family upon approval and authorization of the Department Director or
designee. A bereavement leave form must be completed for bereavement leave. For travel
out of State, an employee shall receive, subject to the approval of the Department Director
or designee an additional sixteen (16) hours. Regular part-time employees are eligible for
bereavement leave on a pro-rata basis according to their normally scheduled work hours. If
an employee would like to attend the funeral of an individual not listed in this section, upon
approval and authorization of the Department Director or designee, the employee may do
so either by using accrued vacation leave, or if the employee has no vacation leave available,
leave without pay. The timelines set forth above, will apply to such leave. The provisions
of requiring exhaustion of sick leave before leave without pay will not apply to
Bereavement Leave.
For purposes of this section, "immediate family" means the employee's spouse (or
Washington State registered domestic partner as defined by Chapter 26.60 RCW), their
Page 8-7
children and/or step -children, and both the employee's and the spouse's/domestic partner's
grandchild, sister, brother, grandmother, grandfather, mother, father, mother-in-law, father-
in-law, as well as any "step or foster" relation and any other familial inhabitant of the
employee's household.
8.6 Leave Without Pay
The City may grant a leave of absence without pay to employees who require a leave
of absence from work which is not covered by any other type of leave and who have
exhausted all available paid leave unless otherwise prohibited by law. No employee is entitled
to receive leave without pay unless otherwise required by law. The decision as to whether an
employee may receive leave without pay shall be made on a case -by -case basis as determined
appropriate in the City's sole discretion. This decision will be made by the employee's
Department Director or designee (or by the Mayor or designee if the subject employee reports
to the Mayor). The employee should make a written request for leave without pay in as far as
advance as possible. A leave of absence will not be granted to allow an employee time off to
seek employment elsewhere or to work for another employer. Employees who begin
employment elsewhere while on an unpaid leave of absence, except military reserve duty,
may be considered to have quit voluntarily.
The City reserves the right to require any employee requesting leave without pay
due to a medical condition to present an appropriate medical certification verifying the need
for the leave. The City also reserves the right to otherwise verify the necessity of the leave,
and to require supporting documentation, to the extent appropriate and permitted by law.
In order for the City to effectively and efficiently operate, leave without pay, if
granted to an employee, shall generally be of a temporary duration unless otherwise
required by law. If an employee is unable to return to work after receiving leave without
pay, their employment may be terminated.
Employees receiving leave without pay under this Policy may not receive or accrue
any employment benefits while on unpaid leave, unless otherwise required by law.
Employees may, however, be able to continue their health insurance, at their expense and
under qualifying circumstances, during a leave without pay under this Policy. Please see
the Human Resources Office for additional information in this regard and to make any
appropriate arrangements.
The City reserves the right to require any employee returning from an unpaid leave
of absence necessitated by their own illness or health condition to present a statement from
their healthcare provider certifying that they are fit to return to work.
Upon the expiration of leave under this Policy, the employee may be returned to
their former position if available. If the employee's position is not available, the employee
may be offered another available position for which the employee is qualified. If no position
is available when the employee is able to return to work, the employee may be terminated,
unless otherwise prohibited by law.
Page 8-8
Failure to report to work on the first day after the expiration of the leave of absence,
without approval, will be considered a voluntary quit.
If applicable, the City may require any unpaid leave of absence to run concurrently
with leave under the FMLA or any other leave of absence from the City.
8.7 Jury and Witness Leave
Jury Duty: The City provides all employees with leave for the full period of jury
duty service. You must provide a copy of the jury duty summons to your supervisor as soon
as possible after receiving it. Because state law, RCW 2.36.150, provides that payments
received by jurors from the court for each day's attendance constitute "expense payments,"
the City does not require employees to remit such payments to the City, including for
periods of paid leave. The employee must give the City prompt notice of the call for jury
duty, and if requested by the supervisor, must furnish the City a written statement from the
court showing the dates and times of jury duty served. If an employee is summoned during
a critical work period, the City may ask the employee to request a waiver from jury duty.
All regular full- and part-time employees will receive pay for the hours of jury duty service
in accordance with their normal work schedule. Employees on Jury Duty Leave are required
to report back to work if released from Jury Duty during their normal working hours.
Witness Duty: All employees summoned to testify in court are allowed time off for
the period they serve as witnesses. In general, witness duty leave is unpaid for non- exempt
employees unless you are a witness in a case involving the City (exempt employees shall
generally be paid for witness duty leave if they perform other work on behalf of the City
during the designated workweek).
8.8 Domestic Violence Leave
In accordance with the Washington Domestic Violence Leave Act, Chapter 49.76
RCW, the City will provide reasonable leave from work, including leave on an intermittent
or reduced -schedule basis, for employees who are victims of domestic violence, sexual
assault, or stalking for the following purposes: (a) to seek legal remedies or an enforcement
action against the perpetrator; (b) to obtain medical treatment for physical or mental
injuries; (c) to obtain services from a domestic violence shelter or other crisis center; (d) to
obtain social services support or mental health counseling; or (e) to relocate or devise a
safety plan.
This law allows employees to take leave for themselves or to assist a "family
member" (as defined under this law) who is a victim of domestic violence, sexual assault,
or stalking to take any of the steps outlined above.
The employee may elect to use sick leave, vacation, compensatory time, or other
accrued paid time off (if any) or may take unpaid leave. Domestic violence leave, including
documentation of such leave, will be applied and administered in accordance with the
provisions of the Ch. 49.76 RCW. Nothing in this Policy shall be construed to provide
Page 8-9
greater or lesser leave rights to employees than that which is required by Ch. 49.76 RCW.
Employees requesting Domestic Violence leave under this Policy are required to notify the
Human Resources Office for the necessary forms.
8.9 Administrative Leave
On a case -by -case basis, the City may place an employee on administrative leave
with or without pay for an indefinite period of time. Administrative leave may be used in
the best interests of the City as determined by the Mayor, or designee, or applicable
Department Director in their discretion during an investigation or other administrative
proceeding or as otherwise determined appropriate. The fact that an employee has been
placed on administrative leave shall not be considered a disciplinary action. Employees
placed on paid administrative leave will be paid in accordance with their normal work
schedule.
8.10 Military Leave
The City provides all employees leave while performing military service in
accordance with federal and state law. Military service includes active military duty and
reserve or National Guard training.
Under the terms set forth in RCW 38.40.060, all employees shall be entitled to
receive a paid military leave of absence of up to twenty-one (21) days during each year
beginning October 1st and ending the following September 30th for military service.
Employees are required to provide the Human Resources Office with copies of their
military orders as soon as possible after they are received. Reinstatement upon return from
military service will be determined in accordance with applicable federal and state law.
8.11 Holidays
The following are generally recognized as paid holidays for all regular full and part-
time employees of the City:
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Juneteenth
July 4th
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
December 25th
Any holiday falling on Saturday may be celebrated on the preceding Friday. Any
holiday falling on Sunday may be celebrated on the following Monday. The City reserves
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the right to modify or rescind the foregoing holiday schedule, as it deems appropriate in its
sole discretion, unless otherwise required by law or contract.
Regular part-time employees are paid holiday leave on a pro-rata basis according to
their total scheduled hours for the week. Regular full-time employees working a flexible work
schedule (i.e. 9/80 or 4-10's) will receive a maximum of 8 hours of pay for the holiday,
regardless of the number of regularly scheduled work hours.
In the event a holiday falls on a regular day off for a regular part-time or full-time
employee, the employee may:
1) take the holiday during the same work week the holiday otherwise would have
been taken, or
2) with supervisor approval, report the appropriate number of hours for the holiday,
even if not scheduled to work that day, then work the remainder of their regularly
scheduled work hours for the week.
In the event a part-time employee is scheduled for more work hours on a day that falls
as a holiday, in order to account for the hours not covered by the pro -rated holiday leave, the
employee may:
1) take leave without pay for those hours, or
2) supplement the pro -rated holiday leave with vacation, comp or personal holiday
leave, or
3) with the approval of the supervisor, make up the hours not covered by the pro-
rated holiday leave by working additional hours during the same workweek in
which the holiday occurred.
Temporary employees are not eligible to receive holiday leave. Union represented
employees receive holidays as provided for in the applicable collective bargaining agreement.
Employees who are on unpaid leave on their normal workday immediately preceding
and their normal workday immediately following the holiday are not eligible for holiday pay
unless otherwise required by law.
Regular non-exempt employees required to work during a holiday may be paid one
and one-half times their regular rate of pay for actual time worked on the holiday.
8.12 Religious Holidays
Eligible employees are entitled to two unpaid holidays per calendar year for reason
of faith or conscience or an organized activity conducted under the auspices of a religious
denomination, church or religious organization.
The specific days shall be selected by the employee after consultation with their
supervisor and shall be allowed unless the employee's absence would impose an undue
hardship on the department, or the employee is necessary to maintain public safety.
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8.13 The Federal Family and Medical Leave Act of 1993 (FMLA) and Related
Leave Under Washington Law
The City fully complies with the federal Family and Medical Leave Act of 1993
(FMLA) and all related Washington State law regarding medical leave, family care leave,
and any other required leave. The City may not interfere with an individual's FMLA rights
or retaliate against someone using or trying to use FMLA leave, opposing any practice
made unlawful by the FMLA, or being involved in any proceedings under or related to the
FMLA. The statutory requirements for these various laws have incorporated into this
Policy, the City's Sick Leave Policy, and the City's other applicable policies contained in
this Personnel Policies Manual.
Overview of General FMLA Leave Eliaibili
The FMLA provides up to 12 weeks of unpaid, job protected leave every 12 months
to eligible employees for specified family care and medical reasons. To be an eligible
employee, you must have worked for the City for a total of 12 months and worked a
minimum of 1,250 hours over the previous 12 months as of the date leave is requested. The
City uses a "rolling" method to determine eligibility, meaning FMLA leave eligibility will
be determined from the time of the initial request for leave by looking at the employee's
prior 12-month work history. The 12-week leave period will begin at the date the
employee's request is granted and will provide for up to 12 total weeks of leave, whether
taken at one time or intermittently (as discussed below in this Policy), in the 12 months that
follow.
Upon return from FMLA leave, the employee will generally be restored to their
original, or an equivalent, position. However, an employee shall have no greater right to
reinstatement than if the employee had been continuously employed during the FMLA
leave period. Accordingly, an employee who would not have otherwise been employed at
the time of reinstatement is requested shall not be entitled to reinstatement. For example,
entitlement to reinstatement shall not apply if the employee's position is eliminated by
reorganization or layoff, the employee takes another job while on FMLA leave, or the
employee's employment would have otherwise been terminated. In addition, if an employee
fails to return at the end of the FMLA leave, the employee may be considered to have
voluntarily resigned their position with the City.
Reasons for Taking FMLA Leave
Unpaid FMLA leave is granted to eligible employees, based on the 12-month rolling
method described above, for any of the following reasons:
A. The birth of a child or placement of a child for adoption or foster care;
B. To bond with a child (leave must be taken within 1 year of the child's birth
or placement);
C. To care for the employee's spouse, child, or parent who has a qualifying
serious health condition;
D. For the employee's own qualifying serious health condition that make the
employee unable to perform the employee's job;
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E. For qualifying exigencies related to foreign deployment of a military
member who is the employee's spouse, child or parent.
For purposes of this Policy, a "serious health condition" is defined as an illness,
injury, impairment, or physical or mental condition that involves "inpatient care" (i.e., an
overnight stay in a hospital, hospice or residential medical -care facility, including any
period of "incapacity", or any subsequent treatment in connection with such inpatient care)
or continuing treatment by a health care provider as defined below:
A "serious health condition" involving "continuing treatment by a health care
provider" means any one or more of the following:
a. Incapacity and Treatment. A period of "incapacity" (i.e., inability to work,
attend school or perform other regular daily activities due to the serious
health condition, treatment therefore, or recovery therefrom) of more than
three consecutive, full calendar days, and any subsequent treatment or period
of incapacity relating to the same condition, that also involves:
(i) Treatment two or more times, within 30 days of the first day of
incapacity, unless extenuating circumstances exist, by a health care
provider, by a nurse under direct supervision of a health care
provider, or by a provider of health care services (e.g., physical
therapist) under orders of, or on referral by, a health care provider;
or
(ii) Treatment by a health care provider on at least one occasion, which
results in a regimen of continuing treatment under the supervision of
the health care provider.
* The requirements above for treatment by a health care provider
means an in -person visit to a health care provider. The first (or only)
in -person treatment visit must take place within seven days of the
first day of incapacity.
* Whether additional treatment visits or a regimen of continuing
treatment is necessary within the 30-day period shall be determined
by the health care provider.
b. Pregnancy or prenatal care. Any period of incapacity due to pregnancy, or
for prenatal care.
C. Chronic Conditions. Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition. A chronic serious health
condition is one which:
(i) Requires periodic visits (meaning at least twice a year) for treatment
by a health care provider, or by a nurse under direct supervision of a
health care provider;
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(ii) Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
(iii) May cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.).
d. Permanent or long-term conditions. A period of incapacity which is
permanent or long-term due to a condition for which treatment may not be
effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care
provider. Examples include Alzheimer's, a severe stroke, or the terminal
stages of a disease.
e. Conditions requiring multiple treatments. Any period of absence to receive
multiple treatments (including any period of recovery therefrom) by a health
care provider or by a provider of health care services under orders of, or on
referral by, a health care provider, for:
(i) Restorative surgery after an accident or other injury; or
(ii) A condition that would likely result in a period of incapacity of more
than three consecutive, full calendar days in the absence of medical
intervention or treatment, such as cancer (chemotherapy, radiation,
etc.), severe arthritis (physical therapy), or kidney disease (dialysis).
If an employee takes leave for a condition that progresses into a serious health condition and
the employee subsequently requests leave under this Policy, the City may designate all or
some portion of the related leave taken as FMLA leave under this Policy to the extent that
the earlier leave meets the necessary qualifications and is authorized by law.
Additional Requirements Under Washington Law for Pregnancy -Related Leave
Under Washington law, an employee is also entitled to a leave of absence for the
period of time that the employee is sick or temporarily disabled because of pregnancy or
childbirth (in addition to leave under the federal FMLA). Pursuant to Washington law, a
woman on pregnancy -related leave shall be treated the same as other employees on leave
for sickness or other temporary disabilities. This type of leave is for the period of temporary
disability or sickness because of pregnancy or childbirth only, and not for child rearing after
the temporary disability ends. Employees should contact the Human Resources Office with
any questions they may have regarding this leave.
Overview of Military -Related FMLA Leave
The federal National Defense Authorization Act expands FMLA-qualified events
to include eligible employees caring for certain injured servicemembers as well as for
family members who have a close family member called to active duty. These rights are
summarized below.
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1. Military Caregiver Leave
An eligible employee who is the spouse, son, daughter, parent, or "next of kin" of
a covered military servicemember who is recovering from a serious illness or injury
incurred in the line of duty while on active duty is entitled to up to 26 weeks of FMLA
leave in a single 12-month period to care for the service member. The single 12-month
period is measured forward from the date an employee's leave to care for the covered
servicemember begins. Eligible employees are entitled to a combined maximum of 26
weeks of all types of FMLA leave.
When leave is taken to care for a covered servicemember with a serious injury or
illness, the City may require an employee to obtain a certification completed by an
authorized healthcare provider of the covered servicemember. In addition, servicemember
family leave requests should be accompanied by appropriate documents from the U.S.
Department of Defense or other appropriate entity.
2. Leave Because of a Qualifying Exigency
Eligible employees are also entitled to take FMLA leave while the employee's
spouse, son, daughter, or parent (the "covered military servicemember") is on active duty
or call to active duty status for one or more of the following "qualifying exigencies": (a)
short -notice deployment (i.e., a week or less notice of deployment); (b) military events and
related activities; (c) for urgent childcare arrangements (but not ongoing childcare) and
school activities; (d) financial and legal tasks to deal with a covered servicemember's active
duty; (e) to attend nonmedical counseling for the employee, the covered servicemember, or
child of the covered servicemember; (f) to spend time with the covered servicemember on
rest and recuperation breaks during deployment; (g) post -deployment activities; and (h) for
other purposes arising out of the call to duty, as agreed upon by the employer and employee.
A "covered military servicemember" means the employee's spouse, registered
domestic partner, child, or parent who is: (1) in the regular armed forces and is deployed to
a foreign country; or (2) is a member of the National Guard or military reserves and called
to active duty in a foreign country.
The City may require the employee to provide a copy of the covered military
servicemember's active duty orders from the U.S. Department of Defense the first time the
employee requests FMLA exigency leave and may require that a qualifying exigency be
supported by an appropriate certification from the employee.
Substitution of Paid Leave Benefits
The City requires employees who are taking FMLA leave to concurrently exhaust
all paid leave options while on leave to the extent permissible by law. Available sick leave
will be used first, then accrued compensation time and vacation. Once all paid leave options
are exhausted, the employee will remain on unpaid leave for the remainder of the FMLA
leave period.
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Except as provided below, vacation, sick leave, and other benefits or rights of
employment, do not accrue during any unpaid portion of FMLA, unless otherwise provided
by law. The employee's healthcare benefits will continue while an employee is on unpaid
FMLA leave in the same manner such benefits were paid while the employee was actively
working. This means if the employee pays a contribution for healthcare benefits, that
contribution must continue during the period of leave in order to maintain those benefits.
Please contact the Human Resources Office to coordinate the payment of any necessary
healthcare contributions.
If an employee fails to return to work at the end of the FMLA leave period, the
employee may be required to reimburse the City for the cost of the premiums paid for
maintaining healthcare coverage during the leave period unless the reason the employee
does not return is due to: (a) the continuation, recurrence, or onset of a serious health
condition of the employee or the employee's family member which would otherwise entitle
the employee to leave under the FMLA; or (b) other qualifying circumstances beyond the
control of the employee as defined by applicable law.
Intermittent Leave
It may be medically necessary in some circumstances for employees to use
intermittent FMLA leave. Intermittent leave is typically taken in blocks of time consistent
with the need for medical treatment or to recover from a medical procedure when the
employee can resume a normal work shift in between the medical treatments/procedures.
Employees requesting intermittent FMLA leave may be required, if applicable, to provide
medical certification which states the dates and duration of the medical treatment, as well
as a statement of medical necessity for taking intermittent leave.
Employees needing intermittent/reduced schedule leave for foreseeable medical
treatment must work with the City to schedule the leave so as not to unduly disrupt the
City's operations, subject to the approval of the employee's healthcare provider. The City
reserves the right to transfer an employee temporarily to an alternative job with equivalent
pay and benefits that better accommodates the employee's need for intermittent leave than
their current position. FMLA leave because of the birth or placement of a child for adoption
or foster care must be completed within the 12-month period beginning on the date of birth
or placement of the child. This leave may not be taken intermittently.
Advance Notice to the City and Medical Certifications
When requesting FMLA leave, the employee must provide the City with at least
thirty (30) days advance written notice when the need for the leave is foreseeable. This
notice should be provided to the Human Resources Office. If 30 days notice is not possible,
the employee must give the City advance written notice as soon as practicable, usually at
least three (3) business days (unless the need for the leave arises from a sudden emergency).
Employees shall complete all necessary forms and documentation for FMLA leave. Please
see the Human Resources Office to obtain the required forms/documentation.
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Absent legitimate emergency situations, employees must follow the City's usual
and customary requirements for requesting leave and calling in absences.
Employees who fail to provide proper notice of their need for FMLA leave may
jeopardize their rights under this Policy, which may result in a denial of leave or a delay in
approving their leave request. In addition, employees who fail to follow this Policy may be
subject to the consequences of an unexcused absence.
The City will provide individual notice of rights and obligations to each employee
requesting leave as soon as practicable and within the timeframes required by law. For
employees on intermittent leave or recurring leave for the same incident, this notice may be
provided every six (6) months or as otherwise required by law.
The City may require the employee to present appropriate medical certification for
FMLA leave if the leave requested is for the employee's own serious health condition or to
care for a family member's serious health condition (or as otherwise determined appropriate
by the City in compliance with applicable law). The employee must provide this medical
certification within fifteen (15) days of the City's request for the same. Failure to provide
the requested medical certification in a timely manner may result in a delay or denial of the
leave, or a discontinuance of the leave until it is provided. If the City determines that the
certification or recertification is incomplete, it must provide a written notice indicating what
additional information is required. The City may conditionally grant an employee's FMLA
leave request in appropriate situations pending receipt of satisfactory medical certification.
The City reserves the right to have an authorized person (excluding the employee's
direct supervisor) contact the employee's healthcare provider on its behalf for verification
of information in appropriate circumstances.
The City also reserves the right to require the employee to be seen by a medical
specialist of its choosing, at its expense, for the purpose of verifying whether the employee's
condition qualifies for leave under the FMLA or to confirm issues as part of a planned
return to work. If the opinions of the employee's and the City's designated healthcare
provider(s) differ, the City may require, at its expense, the employee to obtain certification
from a third healthcare provider. This third opinion shall be final and binding. The third
healthcare provider must be approved jointly by the employee and the City.
The City may place an employee who is absent for three (3) days or more (or as
otherwise determined appropriate by the City) on FMLA leave. The City may present an
employee who is absent for medical reasons with a medical certification form to be filled
out and returned to determine if the employee is eligible for FMLA leave.
All medical examinations required under this Policy will occur not less than thirty
(30) days apart during any period of leave granted under the FMLA, unless otherwise
authorized by law. Medical examinations may be used to confirm or refute medical
information provided by the employee, assist with return to work analysis and options,
confirm or refute fitness for duty assessments, or help evaluate workplace restrictions or
accommodations.
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Finally, the City may require, at such times as are permissible under the FMLA, a
recertification of the subject medical condition, a recertification when an extension of leave
is requested, and a recertification if the City receives information casting doubt on the
employee's stated reason for an absence or the continuing validity of the last certification.
Concurrent Workers' Compensation Leave
All time loss, work related injuries, and similar circumstances may also be subject
to the City's FMLA Policy, so that leave taken under work loss may also be FMLA eligible.
The City may require any time loss from work related injuries subject to Washington's
workers' compensation statutes to run concurrently with FMLA leave. The City reserves
the right to place an employee who is absent from work under these circumstances on
FMLA leave to effectuate this Policy unless otherwise prohibited by law.
Return to Work
The City values the safety, health, and well-being of all employees. The City's
policy is to provide safe and healthful working conditions in all operations and to follow,
the laws and regulations about the safety and health of our employees. Before being
allowed to return to work, therefore, an employee who has been away from work due to an
injury or illness will normally be required to provide a Fitness for Duty statement from the
appropriate healthcare provider certifying that the employee is able to resume their job
duties, or specifying limitations on any duties. If restrictions or limitations are placed on
the employee's ability to perform the job, the City shall interactively work with the
employee to determine if there are any reasonable accommodations that it can make to
enable the employee to return to work and perform the essential functions of the job. The
City may require a physical examination at City expense, performed by a healthcare
provider of its choice, to determine when the employee can return to work and if the
employee is capable of performing the essential functions of their position with or without
a reasonable accommodation. The City reserves the right to delay or deny an employee
from returning to work for the City until the employee provides an appropriate Fitness for
Duty statement.
Reporting While on Leave
Employees on FMLA leave may be required to provide an update every month (i.e.,
not more often than once every 30 days unless otherwise authorized by law) while on leave
to make certain the initial time provided for approved leave is sufficient and to confirm the
employee's status and intended return to work date.
Other Insurance
If an employee is covered by other insurance plans, such as life or disability
insurance, that coverage will continue during any paid portion of FMLA leave on the same
basis as if the employee were actively working provided that the employee would be
covered while on other forms of paid leave (such as vacation, sick, or compensatory time).
If the employee is on unpaid FMLA leave, or any other form of unpaid leave, the employee
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will be responsible for the full amount of these premiums, or risk a lapse of coverage. Please
contact the Human Resources Office to coordinate the payment of any necessary insurance
contributions.
Spouses Employed by the City
If an employee and their spouse both work for the City and they both request leave
for the birth, adoption, or foster care placement of a child, or to care for a parent with a
serious health condition, the total FMLA leave available to them as a couple for these
purposes is 12 weeks in the rolling 12 month period.
If an employee and their spouse both work for the City and they request leave to
care for a covered servicemember with a serious injury or illness (commonly referred to as
"military caregiver leave") if each spouse is a parent, spouse, son or daughter, or next of
kin of the servicemember, the total FMLA leave available to them as a couple for these
purposes is 26 weeks in the rolling 12 month period.
When spouses take military caregiver leave as well as other FMLA leave in the
same year, each spouse is subject to the combined limitations for the reasons for leave listed
above.
Key ployee Desi ng ation
The City reserves the right to designate certain employees within the highest paid
10% of its workforce as "key employees". A "key employee" is an employee whose
restoration after taking FMLA leave would cause substantial and grievous economic injury
to the operations of the City. The City will provide written notice to employees who will be
designated as "key employees" at the time the employee gives notice of the need for FMLA
leave (or when the FMLA leave commences, if earlier). A key employee may not retain the
right of job restoration after taking FMLA leave, if such restoration would cause a substantial
and grievous economic injury to the operations of the City.
Other Provisions
Employees on leave under the FMLA shall be subject to the same City rules,
policies, and procedures governing employees on other types of leaves of absence.
Employees on FMLA leave (like all employees on leave from the City) shall not
engage in other employment (excluding required military reserve duty) unless they obtain
prior approval from the Mayor (or Mayor's designee).
Questions
Employees with questions about FMLA leave are strongly encouraged to contact
the Human Resources Office.
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8.14 Washington Paid Family and Medical Leave
The Washington State Paid Family and Medical Leave (PFML) law and supporting
regulations establish a program administered by the Washington Employment Security
Department (ESD) to provide paid leave benefits and job protection to eligible employees
who need leave for certain family and medical reasons. This policy provides a summary of
the PFML program. Employees may obtain additional information at
www.paidleave.wa.gov. To the extent an issue is not addressed in this policy, the City will
administer this benefit program consistent with applicable statutes and regulations.
A. Payroll Deductions. The PFML program is funded through premiums collected by
ESD via payroll deductions and City contributions. The premium rate is established
by law and subject to change. The City will modify payroll deductions to reflect those
changes.
B. Eli2ibility. Under PFML, employees may be eligible for monetary benefits and job
protection when taking leave for covered reasons. Eligibility requirements are as
follows:
1) Monetary Benefits: In order to be eligible for monetary benefits from ESD, an
employee must have worked 820 hours in Washington (for any employer or
combination of employers) during the year preceding the claim.
2) Job Protection: In order to be eligible for job protection under PFML, an
employee must have worked for the City for at least 12 months and have
worked 1,250 hours in the last year.
An employee is ineligible for PFML benefits during any period of suspension from
employment or during which the employee works for remuneration or profit (e.g.,
outside employment or contracting).
C. Leave Entitlement. Eligible employees are entitled to take up to 12 weeks of medical
or family leave, or a combined total of 16 weeks of family and medical leave per
claim year; an additional two weeks of leave may be available in the event the
employee's leave involves incapacity due to pregnancy. The claim year begins when
the employee files a claim for PFML benefits. PMFL leave may be taken for the
following reasons:
1) Medical Leave: Medical leave may be taken due to the employee's own
serious health condition, which is an illness, injury, impairment or physical or
mental condition that involves inpatient care or continuing treatment by a
health care provider, as those terms are defined under the FMLA and RCW
50A.05.010. In the case of PFML following the birth of a child, the first six
weeks of leave taken by the birth parent following the birth shall be
automatically designated as medical leave unless the birth parent chooses to
use family leave. The employee is not required to provide certification of a
serious health condition the medical leave designation for this postnatal
period. An employee is not eligible for PFML benefits if the employee is
receiving time loss benefits under the workers' compensation system.
2) Family Leave: For purposes of family leave, covered family members include
the employee's child, grandchild, parent (including in-laws), grandparent
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(including in-laws), sibling, spouse, or any individual who regularly resides
in the employee's home or with whom the relationship creates an expectation
that the employee care for the person (and that person depends on the
employee for care). "Family member" does not include a person who simply
resides in the same home as the employee with no expectation that the
employee care for that person. Family leave may be taken to care for a covered
family member with a serious health condition; for bonding during the first 12
months following the birth of the employee's child or placement of a child
under age 18 with the employee (through adoption or foster care); or for
qualifying military exigencies as defined under the FMLA.
3) Bereavement Leave: An employee may take PFML as bereavement leave
during the seven calendar days following the death of a child born to the
employee or placed with the employee.
PFML runs concurrently with FMLA where an absence is covered by both laws.
PFML leave may be taken intermittently, provided that there is a minimum claim
requirement of eight consecutive hours of leave in a week for which benefits are
sought.
D. PFML Application Process. An employee must submit an application to ESD in
order to seek PFML benefits. For guidance on the application process, please refer
to the ESD website (www.paidleave.wa.gov). Eligibility determinations will be made
by ESD. If approved, the employee will need to file weekly benefit claims with ESD
to continue receiving benefits.
E. Notification Requirements. An employee must provide written notice to the City of
the intent to take PFML leave. If the need for leave is foreseeable, notice must be
given at least 30 days in advance of the leave. For unforeseeable leave, notice must
be given as soon as practicable. The employee's written notice must include the type
of leave taken (family or medical), as well as the anticipated timing and duration of
the leave. If an employee fails to provide this required notice to the City, ESD will
temporarily deny PFML benefits. After receiving the employee's notice of the need
for leave, the City will advise the employee whether the employee is eligible for job
protection under PFML or FMLA or both.
If leave is being taken for the employee's or family member's planned medical
treatment, the employee must make a reasonable effort to schedule the treatment so
as not to unduly disrupt City operations.
If taking leave intermittently, an employee must notify the City each time PFML leave
is taken so that the City may properly track leave use.
F. PFML Monetary Benefits. If ESD approves a claim for PFML benefits, partial wage
replacement benefit payments will be made by ESD directly to the employee. The
amount of the benefit is based on a statutory formula, which generally results in a
benefit in the range of 75-90 percent of an employee's average weekly wage, subject
to a weekly maximum (which is $1,427 for 2022 and thereafter subject to annual
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adjustments by the State). ESD's website includes a benefits calculator to assist
employees in estimating their weekly benefit amount.
With the exception of leave taken in connection with the birth or placement of a child
or leave taken for a qualifying military exigency, monetary PFML benefits are subject
to a seven-day waiting period. The waiting period begins on the Sunday of the week
in which PFML leave is first taken. The waiting period is counted for purposes of the
overall duration of PFML leave, but no monetary benefits will be paid by ESD for
that week. Employees may use available accrued leave to cover absences during the
waiting period.
Paid leave accruals (vacation, sick leave, personal holidays, compensatory time, or
any other accrued leave) are not supplemental to PFML benefits, meaning that an
employee cannot receive accrued leave and PFML benefits for the same absence. If
an employee elects to use accrued leave during a PFML-covered absence, the receipt
of accrued leave must be reported to ESD as part of the PFML claims process and
will result in a pro -rated (reduced) weekly PFML benefit to reflect that the employee
already received some compensation for the absence.
1) Important note: Failure to report the receipt of accrued leave may result in an
overpayment by ESD, which ESD may recoup from the employee.
G. Coordination with Other Benefit Programs. When an employee is on leave and
only receiving PFML benefits, the employee is deemed to be in unpaid status for
purposes of City policies and benefit programs. Insurance coverage will be handled
in the same manner as other unpaid leaves of absence, pursuant to City policy and
subject to any FMLA or other legal requirements requiring continuation of coverage.
H. Job Restoration; Return to Work Recertification. An employee who is eligible for
job -protected leave will be restored to the same or equivalent position at the
conclusion of PFML leave, unless unusual circumstances have arisen (e.g., the
employee's position or shift was eliminated for reasons unrelated to the leave). The
City may require a return -to -work certification from a health care provider before
restoring the employee to work following PFML leave where the employee has taken
leave for the employee's own serious health condition. Under certain conditions, the
City may deny job restoration to a salaried employee who is among the highest paid
ten percent of City employees. If an employee taking PFML leave chooses not to
return to work for any reason, the employee should notify the City as soon as possible.
8.15 Volunteer Emergency Services Leave
In accordance with RCW 49.12.460, an employee who is a volunteer firefighter or reserve
peace officer, or member of the Civil Air Patrol, will not be subject to discipline or
termination when they take leave in response to an alarm of fire or an emergency call, or in
the case of Civil Air Patrol, when leave is taken related to an emergency service operation.
A. For the purposes of this policy, the following definitions apply:
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"Alarm of fire or emergency call" means responding to, working at, or returning from
a fire alarm or an emergency call, but not participating in training or other
nonemergency activities.
"Civil air patrol member" means a person who is a member of the Washington wing
of the civil air patrol.
"Emergency service operation" means the following operations of the civil air patrol:
(i) Search and rescue missions designated by the air force rescue coordination
center;
(ii) Disaster relief, when requested by the federal emergency management
agency or the department of homeland security;
(iii) Humanitarian services, when requested by the federal emergency
management agency or the department of homeland security;
(iv) United States air force support designated by the first air force; and
(v) Counterdrug missions.
"Volunteer firefighter", means a firefighter covered under chapter 41.24 RCW,
(i) who voluntarily performs, regardless of reimbursement, any assigned or
authorized duties on behalf of or at the direction of a firefighting or
emergency response unit of a city, county, fire district, regional fire
protection district, port district, or the state, including but not limited to
service pursuant to RCW 43.43.960 through 43.43.975; and
A) has notified the City of their firefighter status and intent to serve as a
volunteer if already at the place of employment when called to serve as
a volunteer; or
B) if not already at the place of employment when called to serve as a
volunteer has been ordered to remain at their position by the
commanding authority at the scene of the fire.
"Reserve peace officer" has the meaning provided in RCW 41.24.010.
B. Notice Requirements
An employee shall make every reasonable attempt to give their supervisor advance
notice of the need to take leave.
C. Type of Leave
An employee who is absent from work pursuant to this policy may elect to use their
accrued vacation leave, personal holiday, compensatory time or unpaid leave time.
D. Verification
The supervisor may require that the request for leave be supported by verification
from the agency at which the employee volunteers.
Page 8-23
E. Time for training
Training and other non -emergency activities are excluded under this policy.
8.16 Military Family Leave
During a period of military conflict, an employee who works an average of 20 or more hours
per week is entitled to leave under this section when a spouse or registered domestic partner
who is a member of the armed forces of the United States, national guard, or reserves has
been notified of an impending call or order to active duty or has been deployed.
A. The employee shall be granted a total of fifteen (15) days of unpaid leave per
deployment after the military spouse or state registered domestic partner has been
notified of an impending call or order to active duty and before deployment or when
the military spouse or domestic partner is on leave from deployment.
B. An employee who seeks to take leave under this chapter must provide the City with
notice, within 5 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 under this policy.
C. Employees are not required to exhaust all other applicable paid leave before using
unpaid leave for this purpose. An employee who takes leave under this section may
elect to substitute any of the accrued leave to which the employee may be entitled for
any part of the leave under this section.
D. "Period of Military Conflict" means a period of war declared by the United States
Congress, declared by executive order of the president, or in which a member of a
reserve component of the armed forces is ordered to active duty pursuant to either
sections 12301 and 12302 of Title 10 of the United States Code or Title 32 of the
United States Code.
E. An employee returning from military family leave shall be restored to a position of
employment in the same manner as an employee returning after Family and Medical
Leave pursuant to Section 8.13 of the city's personnel policies. An employee may
continue benefits in the same manner as an employee on leave without pay.
F. In the event of a conflict between this policy and applicable law as outlined in Chapter
49.77 RCW, the applicable law shall govern.
8.17 Washington Family Care Act
Employees may use their choice of accrued paid leave benefits to care for a qualified family
member, subject to the terms and limitations of this policy. This policy is intended to comply
with Washington's Family Care Act, paid sick leave laws and any other applicable law. In
the event of a conflict between any applicable law and this Policy, the applicable law shall
govern.
Employees are entitled to use their paid leave benefits, including sick leave, vacation leave,
compensatory time, floating holiday, etc. to care for a qualified family member including:
• A child under the age of 18 with a health condition that requires treatment or
supervision.
Page 8-24
• A spouse/domestic partner, parent, parent -in-law, or grandparent with a serious
or emergency health condition.
• A child 18 years or older if the child is incapable of self -care due to a mental or
physical disability; or
• A spouse, domestic partner or child who is incapacitated or disabled as a result of
pregnancy/childbirth, which may include the employee's prenatal and postpartum
examinations, hospitalization, and recovery.
A. Definitions applicable to this policy:
1) "Health condition" that requires treatment or supervision for a child includes a
medical condition requiring treatment or medication that the child cannot self-
administer, a medical or mental health condition which would endanger the
child's safety or recovery without the presence of a parent or guardian, or a
condition warranting treatment or preventive health care such as physical, dental,
optical or immunization services, when a parent must be present to authorize the
treatment.
2) "Incapable of self -care" is defined as a disabling condition that prevents an
individual from engaging in one or more "activities of daily living" such as
bathing, dressing, eating, cooking, shopping, or using public transportation
without active assistance.
3) "Qualified family member" includes the employee's:
• Child, including a biological child, adopted child, foster child, stepchild,
child of a domestic partner, legal ward, or a child for which the employee
is acting in loco parentis. The child must be under 18 years of age or, if 18
or older, incapable of self -care due to a mental or physical disability;
• Spouse;
• Washington state registered domestic partner;
• Parent, including a biological parent or adopted parent or a person who
acted in loco parentis to the employee when they were a child;
• Parent -in-law, including the parent of a domestic partner; or
• Grandparent.
4) "Serious or emergency health condition" for a spouse/domestic partner, parent,
parent -in-law, or grandparent is a condition that:
• Requires an overnight stay in a hospital or other medical care facility, or
• Results in a period of incapacity or treatment or recovery following
inpatient care, or
• Results in continuing treatment under the care of a health care service
provider that includes any period of incapacity to work or attend to regular
daily activities; or
• Involves an emergency situation, i.e., demanding immediate action.
B. Documentation
1) Reasonable documentation or statement of qualifying relationship may be
required.
2) Employees who request leave to care for a qualified family member may be
required to provide medical certification of the condition. Employees have 15
Page 8-25
days from the time the City requests the medical certification to submit a complete
certification. If complete and sufficient medical certification is not submitted by
the due date, the leave may be delayed or denied.
C. Upon Return from Approved Leave
1) Upon returning from an approved leave, employees will be restored to the same
position they previously held or to a substantially similar position with equivalent
employment benefits, pay and other terms or conditions of employment.
However, an employee on leave under the Washington Family Care Act does not
have any greater right to reinstatement or other benefits and conditions of
employment than if the employee had been continuously employed during the
leave period.
Page 8-26
Chapter 9
City Property and Public Records
9.1 Issuance, Use and Return of City Property
9.2 Use of City Issued Cell Phones
9.3 General Policy Regarding Use of the City's Resources
9.4 Employee's Responsibility for City Issued Equipment
9.5 Use of City Vehicles
9.6 Use of Personal Vehicles
9.7 Use of City Credit Cards
9.8 Employee Reimbursement of Expenses
9.9 Public Records Requests
9.10 Public Records Retention
9.11 Key and Access Card
9.1 Issuance, Use, and Return of City Property
All property issued to an employee by the City will be recorded on the employee's
individual property receipt form. This form will be maintained by the employee's supervisor
or designee. All property issued to an employee shall remain the property of the City and
shall be used for business purposes only. The City may require any equipment initially
issued to the employee to be returned to allow a more proper distribution of resources or as
otherwise determined appropriate by the City. The issuance of City equipment shall not be
construed as a job benefit, entitlement, or right, but will be left to the sole discretion of the
respective Department Directors, their management staff, and the Mayor and City Council.
If the employee is issued City equipment, all City policies regarding proper use of
this equipment apply, even if the employee is permitted to take equipment home from time
to time.
Upon an employee's departure from employment, all City employees shall return all
tangible City proprietary information and City equipment in their possession or control on
or before their last day of employment. This includes information relating to pending or
completed City projects, improvements, possible acquisitions or purchases, including the
purchase of services or equipment, real estate or other information. All City equipment and
property, issued by the City or paid for by the City, must also be returned, to include any
identification information that would associate the prior employee with City service.
Similarly, the City may require any employee on leave to return all tangible City
proprietary information and City equipment in their possession or control.
9.2 Use of City Issued Cell Phones
This Policy applies to City -issued cell phones and is applicable to all employees,
contract service providers or elected or appointed officials who have been granted
permission to use a City -issued cell phone. Cell phones will only be temporarily loaned or
issued to a City employee or elected official if it is beneficial to the City and shall not be
Page 9-1
construed as an entitlement, benefit or right of the employee.
A. City issued cell phones shall not be used for personal purposes. They are issued
for business purposes only. An individual making or receiving personal calls in
contravention of this policy is responsible for a full reimbursement regarding any
personal calls or other expense charged to the City. If personal phone calls cost
the City additional amounts due to call overages for the billing cycle, the
employee is also responsible for reimbursing the City promptly for these
expenses.
B. Employee responsibilities for use of City -owned cell phones include:
1. Protecting the City -owned cell phone from theft, loss or damage.
2. Immediately reporting loss or theft to supervisor or Department Director.
3. As cell phone calls are not secure, using discretion while making
sensitive or confidential calls.
4. Immediately returning the cell phone to supervisor or Department
Director if it is determined that the phone is no longer necessary, or upon
leaving City employment.
C. The City reserves the right to monitor the use of all City -owned cell phones. Cell
phone use in violation of any local, state, or federal law is prohibited. Cell phone
use in violation of department work policies or for the purpose of personal
financial gain is prohibited.
D. Employees whose job responsibilities include regular or occasional driving and
who are issued a cell phone for business use are expected to refrain from using
their phone while driving, except with the use of a hands -free device and in
accordance with applicable laws. Every effort should be made to pull to the side
of the road to a safe location prior to answering or initiating cell phone calls. This
rule also applies to use of privately -owned cell phones during business hours. In
situations where job responsibilities include regular driving and accepting of
business calls, the City provide hands -free equipment.
Employees whose job responsibilities do not specifically include driving as an
essential function, but who are issued a cell phone for business use, are also
expected to abide by the provisions herein.
Employees who are charged with traffic violations resulting from the use of their
cell phone while driving will be solely responsible for all liabilities that result
from such actions.
E. The City does not permit the use of a personal cell phone for City business absent
advance approval by the City and an executed written agreement between the
City and employee governing the use of a personal cell phone for City business.
As described herein, the written agreement shall notify the employee that the
phone and its contents are subject to the Public Records Act, Chapter 42.56
Page 9-2
RCW, and subject to inspection by the City at any time. If an employee uses their
personal cell phone for approved City related business pursuant to an executed
written agreement, they may request reimbursement on the employee's expense
reimbursement request form or apply to receive a monthly stipend for such use.
Reimbursement requests are subject to supervisor approval, stipend requests are
subject to the approval of the Mayor.
The personal cellular phone would replace the need to carry a City -owned
cellular phone and their previous City phone must be returned to the City.
If an authorized personal cell phone is used for City business, the City
may pay a stipend per month set forth in the Cell Phone Allowance
Agreement. Such payment of a stipend may be considered "wages" for
income tax purposes may be subject to withholding and payment of
employment taxes.
a. An employee must agree in writing (City's Stipend Agreement) to
have their personal cellular telephone accessible and available at all
times during City business hours or other times that an employee may
be required to be available for City business.
b. The stipend payment for use of a personal cellular telephone for City
business shall be a voluntary program between the City and the
employee.
c. The request to utilize a privately -owned personal cell phone or data
package for City purposes and receive a stipend must be approved by
the Mayor, or if the requestor is the Mayor, the City Council. The
amount of the monthly stipend will be comparable to the monthly
cost the City incurs for employees utilizing a City -provided device.
F. The use of cell phones, whether owned by the employee or the City creates a
record of the number dialed or the number of the caller or both. When the cell
phone is used for City business, that record is a public record, subject to possible
disclosure under the Public Records Act. Similarly, any message relating to City
business that is left on a cell phone whether owned by the employee or the City,
is, in nearly every case a public record, subject to possible disclosure under the
Public Records Act.
G. The City will not provide technical support for personal cellular phones, except
for limited support for data communication with the City's network for those
authorized to have the ability to do so.
H. Use of the cellular phone in any manner contrary to local, state or federal laws
will constitute misuse and will result in immediate termination of the cellular
stipend.
I. If another means of communication is available that is more cost effective, such
Page 9-3
as land lines or two-way radios, then these forms of communication should be
used rather than a cell phone, unless an emergency situation exists.
9.3 General Policy Regarding Use of the City's Resources
A. Overview of Policy
This Policy sets forth, among other things, the guidelines and restrictions for the use
of electronic data, resources, and equipment by City employees and volunteers, including
the use of voicemail, telephones, cell/smart phones, computers, portable electronic devices,
e-mail, the Internet, Intranet, computer systems, facsimile machines, and photocopy
machines (hereinafter referred to as "electronic resources"). Electronic resources include
those owned or leased by the City, that are used or accessed on the City's premises, or that
are used for the City's business. Access to these resources is provided to employees solely
for the benefit of the City and to further the City's business. Because access to the Internet
is not essential for each City employee, Internet access will be provided to employees only
upon approval from their respective Department Director.
Access to the City's electronic resources is reserved for employees who are actively
providing services to the City. Thus, employee access to these systems may terminate
immediately upon a change in status, such as termination, administrative leave, lay off or
any extended employee absence from work, such as extended medical leave.
This Policy also provides guidelines and restrictions for any other resources of the
City (hereinafter referred to as "physical resources"). Physical resources include, but are
not limited to, desks, file cabinets, storage areas, bulletin boards, vehicles, and other storage
areas. Access to these resources is provided to employees solely for the benefit of the City
and to further the City's business.
This Policy also covers any other City resources not specifically set forth above.
All employees are required to use the City's electronic, physical, and other resources
in a legal, appropriate, and professional manner. Employees may only use the City's
electronic, physical, and other resources for the City's business purposes. The only exception
to this rule is that incidental and occasional personal use of the City's electronic mail,
Internet access, and telephones (landlines) is permitted if it is conducted on the employee's
own time, does not conflict with the performance of the employee's regular duties, job
performance, and other City policies, does not result in expense to the City, and is used in a
safe, legal, and appropriate manner. Furthermore, all employees' use of the City's resources
must be appropriate and consistent with the City's professional environment.
Employees are responsible for ensuring that their respective use of the City's
electronic, physical, and other resources is professional, ethical, appropriate, and legal.
Employees are expressly prohibited from using the City's electronic, physical, and other
resources in any manner that interferes with the City's ability to conduct its business or the
employee's ability to perform their employment duties.
All employees must acknowledge and agree that they will use the City's electronic,
Page 9-4
physical, and other resources in compliance with this Policy as it currently exists or as it
may be modified by the City in its sole discretion. Any employee who violates this Policy
will be subject to appropriate discipline, up to and including termination.
B. Inappropriate Behavior and Use of the City's Resources is Prohibited
All electronic, physical, and other resources, including the information stored
thereon or therein, belong to the City. All electronic, physical, and other resources may only
be used for appropriate purposes as set forth in this Policy. Employees are prohibited from
using the City's electronic, physical, or other resources for personal gain or in any
inappropriate, illegal or unsafe manner.
The City prohibits employees from using its electronic, physical, or other resources
to send, save, view, or access in any manner offensive and/or inappropriate material.
Employees are prohibited from using the City's resources in any manner that violates the
City's Anti -Harassment and Anti -Discrimination Policy. Along these lines, employees are
also prohibited from accessing or exposing, in any manner, the City's workplace, other
employees, business contacts, members of the public and/or any related person or entity to
offensive or inappropriate material, language and the like. Offensive materials include, but
are not limited to, sexual comments, jokes, or images, racial slurs, comments, jokes, or
images that may offend someone on the basis of race, color, creed, sex, gender, pregnancy,
age, national origin or ancestry, physical or mental disability, marital status, sexual
orientation (including gender expression and gender identity), genetic information, and any
other category protected by federal, state, or local law or other authority.
In addition to the foregoing, the City prohibits (in regard to the use of its resources):
1. Employees, other than designated computer personnel, from installing
software or other programs or executable files on City computers or
computer related equipment, or downloading any of the foregoing from the
Internet. Some executable files contain viruses that may disable City
equipment or damage stored information. Further, software cannot be copied
or downloaded without properly purchasing the user rights to these programs.
All changes, additions or deletions of computer programs must be authorized
by the respective Department Director, and carried out by appropriate
personnel.
2. Employees from opening spam.
3. Employees from visiting pornographic or other offensive websites. Employees
are also prohibited from visiting Internet dating services, gaming websites, and
websites that charge fees (unless the website that charges a fee is used for
legitimate City business and is approved in advance by the employee's
respective Department Director or the Mayor or Mayor's designee).
4. Employees from releasing confidential City information.
Page 9-5
Employees from joining "chat -rooms," non -work related web discussion
groups, or participating in online surveys or contests.
6. Employees are only to use a Councilmember's city -assigned email address
when conducting City business between their department and the Council via
email.
7. Any conduct that may affect the integrity of the City's resources.
All employees are expected to conduct themselves in a professional and appropriate
manner at all times. Any employee who becomes aware or believes that another employee
is violating this Policy must immediately report the same in as much detail as possible to
their immediate supervisor or the Human Resources Office as soon as possible. The City
will not retaliate against any employee who makes such a report in good faith. If the City
determines that a violation of this Policy has occurred, it will take appropriate disciplinary
action, up to and including termination of employment.
C. Employees Have No Expectation of Privacy
The City reserves the right to access all physical, electronic, and other resources and
the information stored therein or thereon at any time. ALL OF THE CITY' S ELECTRONIC,
PHYSICAL, AND OTHER RESOURCES ARE SUBJECT TO ACCESS, INSPECTION,
SEARCH, AND MONITORING BY THE CITY AT ANY TIME WITHOUT NOTICE.
THIS INCLUDES THE RIGHT TO MONITOR CITY CELLUAR TELEPHONES
(THROUGH GLOBAL POSITIONING SATELLITE TECHNOLOGY AND/OR OTHER
MEANS), TEXT MESSAGES, AND THE LIKE.
THE CITY RESERVES THE RIGHT TO CONDUCT COMPLETE WORKPLACE
INVESTIGATIONS, INCLUDING THE ACCESS, SEARCH, AND INSPECTION OF
ALL FILES, MESSAGES, COMMUNICATIONS, OR OTHER INFORMATION OR
DATA CREATED, STORED, COPIED, SENT, RETRIEVED, RECEIVED, OR
OTHERWISE MAINTAINED ON OR IN ITS ELECTRONIC, PHYSICAL, OR OTHER
RESOURCES OR ANY OTHER LOCATION WITHIN THE WORKPLACE AT ANY
TIME WITHOUT NOTICE AS IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION.
THE FOREGOING WORKPLACE INSPECTIONS MAY BE CONDUCTED
DURING OR OUTSIDE BUSINESS HOURS AND IN THE PRESENCE OR ABSENCE
OF THE EMPLOYEE.
Employees are also hereby put on notice that their use of the City's electronic and
physical resources may be subject to a request for records under the Public Disclosure Act
or other applicable law.
All employee passwords or codes for electronic resources, or for any other City equipment
or resources, must be made known to the employee's immediate supervisor and may be
utilized by the City in the employee's presence or absence. While employee passwords may
be used for City security purposes, the use of such passwords is not intended to keep
messages, communications, or other information confidential on behalf of the employee.
Page 9-6
The City may also override any employee password or code to access, inspect, monitor, or
search any electronic, physical, or other resources used by the employee. As set forth above,
employees are on notice that messages and all other data or information stored on or in the
City's electronic, physical, or other resources, including personal messages and data, are
subject to access, inspection, monitoring, and search by the City at any time and are not to
be considered confidential or private and do not create any right of privacy.
EMPLOYEES SHOULD HAVE NO EXPECTATION OF PRIVACY IN
ANYTHING THEY WRITE, CREATE, RETRIEVE, RECEIVE, STORE, COPY, SEND,
OR VISIT USING THE CITY'S ELECTRONIC, PHYSICAL, OR OTHER RESOURCES.
If an employee is given a key to lock their respective desk, workspace, or other area
on the City's premises, the City will maintain a duplicate key and/or master key so that it
may access any locked area at any time without notice. The City may open a locked desk,
workspace, or any other area on its premises or property in order to inspect, access, monitor,
investigate, or search its contents. An employee's keys DO NOT CREATE ANY RIGHT
OF PRIVACY in the City's electronic, physical, or other resources, or in any of the
information, materials, or data stored therein or thereon. No employee may change locks
without express written authorization from their immediate supervisor.
In addition, no employee may use their own lock to secure any workplace area on
the City's premises without express written authorization from the employee's immediate
supervisor. A lock, or any other device used to secure the City's electronic, physical, or other
resources does not create any right to privacy on behalf of the employee or in any of the
materials, information, or data stored thereon or therein. The City expressly reserves the
right to open any secured space to inspect, access, search, monitor, or investigate its contents
at any time with or without notice in the employee's presence or absence.
Employees who violate this Policy will be subject to appropriate disciplinary action,
up to and including termination of employment.
9.4 Employee's Responsibility for City Issued Equipment
Employees using City resources outside of City premises are responsible for
maintaining appropriate security for the subject resource at all times. This includes the duty
to ensure the subject resource is physically secure, an appropriate password is maintained
if applicable, and all information is secure. Employees shall not leave City resources
unsecured.
In addition, should City issued property become damaged, lost or stolen due to the
negligence of an employee, the applicable Department Director may require that the property
be replaced, less the amount of any reasonable depreciation, at the employee's expense, if
such losses are not covered by the City's insurance policy. In all cases where the employee's
conduct results in a loss of City property, and the employee's conduct is intentional or
deliberate, or in direct violation of City policies, the City may demand payment of the full
replacement cost, without taking into account depreciation. Any protest of the City's
determination that the employee shall be held responsible for the City's losses must be
Page 9-7
presented to the Mayor (or Mayor's designee) within ten (10) days from the date the
employee has been notified of the City's decision. Any right to protest said decision that is
not timely presented is waived. The decision of the Mayor responding to the employee's
protest shall be final.
Employee conduct which results in a loss to the City of equipment or property may
also result in disciplinary action, up to and including termination of employment.
If the employee owes money to the City for City issued equipment which was
destroyed or damaged, and the employee is notified they will be held responsible for such
losses but fails to file a timely protest or such protest is rejected, the employee may
specifically authorize deduction from their paycheck to reimburse the City for any losses
incurred by the City. Deductions will be for the entire amount owed from the employee's
final paycheck if the employee will no longer be working with the City. Deductions can be
spread out over a finite period of time if the employee remains employed with the City. The
City also reserves the right to institute any appropriate legal action to recover funds owed
by the employee if the employee does not authorize deduction of the same from their
paycheck.
9.5 Use of City Vehicles
The following rules are applicable to the use of all City vehicles:
A. City vehicles and equipment shall be used for City business only. Use of a vehicle
must be authorized by a Department Director or the Mayor. Employees
performing duties on an on -call basis or who may be asked to respond to an
emergency situation may be eligible to use a City vehicle while on call or in
response to an emergency. In some departments, City vehicles may be assigned to
an employee for this purpose. All such vehicles must be locked and secured when
not in use and shall be used only in connection with City business.
A mileage log has been provided for each city vehicle that is subject to IRS
mileage tracking requirements and mileage is to be recorded by the employee
driving the vehicle as a means of record keeping ensuring that vehicles are being
used in accordance with IRS rules. Mileage logs are to be turned in to the
Department Director or designee at the end of each month.
Use of a City owned vehicle for commuting purposes is considered a taxable
benefit. There are three methods for determining the amount to include in taxable
wages: Automobile Lease Valuation Rule, Vehicle Cents -Per -Mile Rule, and
Commuting Rule.
When vehicle use is a requirement of the job:
Commuting rule — Personal use for commuting is valued at $1.50 each
way. This amount is added for each commute and added to taxable
wages (i.e.: employee works 10 days and commutes each day using
city vehicle; $30 [10 x (2 x 1.50)] is added to gross wages for income
tax purposes). Reg. §L 61-21()9
Page 9-8
*Requirement means that the employer requires the employee to
commute in the vehicle for a bona fide non -compensatory business
reason.
When vehicle use is not a requirement of the job:
Vehicle Cents -Per -Mile Rule — Multiply the standard mileage rate by
number of personal miles driven. Reg. §L 61-21(e)
Automobile Lease Valuation Rule - based on the lease value of the
vehicle, this amount is multiplied by the percentage of personal miles
to total miles vehicle is used. Reg. §L 61-21(d)
B. Any employee or volunteer operating a City vehicle, or using a motor vehicle for
City business, must be at least 18 years of age and must have a valid and
unsuspended Washington Driver's License. Employees and volunteers using the
City's vehicles must provide proof of a current driver's license and appropriate
insurance information, and update that information as requested or when the
subject information changes.
C. City vehicles and equipment must be operated at all times in a manner consistent
with standard safety guidelines and procedures, the rules of the road, traffic laws
and weather and traffic conditions. Unsafe driving practices will not be tolerated
and will subject the employee to appropriate disciplinary action, up to and
including termination of employment. Employees are not authorized to perform
repairs or maintenance duties on assigned vehicles unless an emergency
necessitating said repairs occurs when the vehicle cannot be returned to the City
for servicing. No one may operate any vehicle on behalf of the City which contains
a defect that would or could prohibit its safe operation. Only City employees and
volunteers assigned to drive for City business are permitted to drive a City vehicle.
D. No one other than an authorized City employee, volunteer, or agent may use or be
placed in the City's vehicles, other than as allowed for in the Police Department
by General Order or by internal policies unless permission is granted by a
Department Director or Mayor. Any unauthorized passengers in a City vehicle
place the City's insurance coverage at risk and may result in appropriate discipline
for the responsible employee.
E. An accident control kit has been provided for each vehicle and shall be stored in
the glove box. This kit contains materials each employee will need if involved in
an accident. Employees are required to report any accident, no matter how minor,
by completing an accident report. All accidents must be reported to the
employee's direct supervisor and City Clerk as soon as possible and no later than
24 hours after the occurrence unless the employee is physically unable to make
such report. The employee shall comply with all applicable law regarding
remaining at the scene of an accident, exchanging insurance information, and any
other applicable law. Employees involved in an accident may be subject to drug
Page 9-9
and alcohol testing to the extent permissible by law. The City may also conduct
any other investigation into the accident that it deems appropriate in its discretion.
F. No employee may use a cell phone/communications device while driving unless
they use a "hands free" ear piece and it is otherwise safe and lawful to do so.
Furthermore, employees whose job responsibilities include regular or occasional
driving are expected to refrain from using their cell phone while driving — use of
a cell phone/communications device while driving is not required by the City. The
City's police officer employees are exempt from this requirement when
performing law enforcement activities, provided that their use of the subject cell
phone/communications device complies with applicable law.
Safety and compliance with the law must come before all other concerns.
Regardless of the circumstances, including slow or stopped traffic, employees are
required to pull off to the side of the road and safely stop the vehicle before placing
or accepting a call or use of hands -free operations (in which case, the employee
shall refrain from discussion of complicated or emotional matters, keep their eyes
on the road, and comply with all applicable law). Special care should be taken in
situations where there is traffic, inclement weather or the employee is driving in
an unfamiliar area.
The City shall not be responsible for the payment of any traffic citation (moving
or non-moving violation) or related ticket, citation, or liability received by an
employee or volunteer unless otherwise required by law.
G. If maintaining the ability to legally operate a vehicle is an essential job
requirement, an employee may be terminated if the employee is unable to maintain
the required licensure and insurance.
H. Smoking is not permitted inside City vehicles. See the No Smoking Policy for
additional information.
9.6 Use of Personal Vehicles
An employee's personal vehicle, if used on City business, is not covered under the
City's insurance agreement. Employees should inform their insurance carrier so they are
covered under their own insurance
9.7 Use of City Credit Cards
A. Department Directors may request a City issued credit card for themselves or for
a senior manager within their department, with the Mayor's approval, for business
use in situations such as the following:
(1) Conference registration for employees and to assist with business air or train
travel, hotel, car rental or other reasonable business expenses.
(2) Emergency repairs on a City vehicle.
(3) Other business uses deemed appropriate by the Department Director and
Page 9-10
consistent with the City's budget and expense reimbursement policies.
(4) For the purchase of services with a City credit card, the City must have an
approved contract to use with the subject vendor, if applicable.
B. Prohibited uses
(1) No alcohol is to be purchased.
(2) City credit cards are not to be used to purchase meals when per diem applies.
See Personnel Policy 9.8(B).
(3) Credit cards including fleet gas credit cards and other city issued credit cards
for purchasing purposes may never be used to obtain cash advances or for
personal purposes.
(4) Credit cards cannot be used to pay City invoices or statements.
C Application Process
(1) All cardholders must have signed a Credit Card User Agreement, approved
by the Mayor.
D. Payment Processing
(1) Department Directors are responsible for submitting all needed paperwork
or verifications to accounts payable on a monthly basis.
(2) It is the Department Director's responsibility to match the individual receipts
to the credit card statement if requested.
(3) Once the charges are approved as being appropriate for City business, the
Finance Department will process payment for all credit card bills.
E. Misuse of Card.
(1) The Mayor (or Mayor's designee) may discontinue use of a credit card for
any cardholder that fails to comply with this Policy, who engages in conduct
deemed a violation or misuse of the City issued credit card, or as otherwise
determined appropriate in the Mayor's discretion. Other appropriate
discipline may also result from any disregard of these requirements, up to
and including termination of employment.
(2) Any employee who incurs personal charges for non -business related
expenses on City charge cards or due to misuse of City equipment also
specifically authorizes the City to deduct the amount needed to fully repay
the City for such expenses from any paycheck or other forms of
compensation due the employee to the extent permissible by law.
9.8 Employee Reimbursement of Expenses
The purpose of this Policy is to identify and provide guidelines regarding the City's
travel policies and to further delineate valid business expenses for which an employee may
qualify for payment or reimbursement.
The objectives of this Policy are to provide employees, public officials and others
who incur authorized business expenses for travel, subsistence, registration, and related
Page 9-11
expenses while on City business, reasonable and timely mechanisms for the reimbursement
and/or the advancement of such necessary expenditures.
This Policy serves to provide guidelines to determine whether or not expenditures
by City employees may be reimbursable to the employee, and to determine whether or not
refreshments and related costs, served or made available at meetings involving volunteers
and others, are legitimate City expenditures.
Individuals seeking reimbursement have the responsibility for becoming
knowledgeable about authorized expenditures and the documentation requirements. Care
must be taken to avoid unnecessary or excessive expenditure, as well as expenses not directly
and reasonably related to the conduct of City business or which are otherwise inappropriate.
The City shall not provide reimbursement for these types of expenses.
Any requests for reimbursement rejected by the City for non-compliance with these
rules may be returned to the requesting employee and Department Director, if necessary,
with an explanation for the decision. Any dispute that arises shall be reviewed by the Mayor
for final disposition.
It shall be the responsibility of the City Finance Director to adopt, publish, and
enforce rules and procedures consistent with this Policy for the purpose of carrying out the
provisions thereof; and to provide forms accompanied by instructions for their
implementation. Exceptions to the rules set forth herein may, by directive of the Mayor (or
Mayor's designee), be affected if compliance with these rules is or was not feasible and the
subject expenditure was legitimate and appropriate. To effectively carry out this Policy, the
Mayor (or Mayor's designee) may, from time to time, issue guidelines for the administration
thereof.
In the event of a conflict between this Policy and applicable law, the applicable law
shall govern.
A. Documentation
Employees may seek reimbursement of expenses for City related business or
purchases, but must first seek a Department Director's approval before the expense is
incurred. Approval, whenever possible, shall be in writing and forwarded to the City Finance
Director. If a receipt is lost, the date and specific nature and description of the expense and
proof of payment (if available through a credit card statement or check) shall be provided to
the Department Director for written approval, which will be forwarded to the Finance
Director or designee.
Forms necessary to request approval for reimbursement regarding Advance Travel will
be kept at the City Finance Director's office. Forms necessary to request approval for per
diem meal and expense reimbursement and will be kept at the City Finance Director's Office.
All forms can be accessed on the shared drive.
Each City employee is responsible for submitting their own request for
reimbursement, even if other employees attended the same meeting or training program. All
Page 9-12
reimbursement requests must be turned in to the City within 60 days of the purchase/event
or will be subject to taxation and reimbursed through Payroll. Each request must be approved
by the Department Director (or Director's designee) or the Mayor as appropriate. No
overnight travel or expenses shall be incurred without prior approval and authorization from
a Department Director or the Mayor as appropriate.
B. Meals
Food and meal reimbursement will only be available when an employee is scheduled
to be away on City business overnight or for business meetings where City business occurs
while the meal expense is incurred. Meals for overnight travel will be reimbursed at a daily
per diem for each meal and submitted on the Claim for Expenses form. No alcohol is to be
purchased. Meals should not be purchased with a City credit card. All tips for service must
not exceed 20% and stay within the maximum amount for each meal period.
Meal reimbursement(s) will not be paid for meals that are included in the registration
fee, whether or not the employee partakes of the meal. Continental breakfasts are not
considered a meal therefore if a registration includes a continental breakfast the City would
reimburse at the per diem rate.
Meal costs must be incurred directly by the claimant; direct billing to the City by a
restaurant must be pre -authorized by the Finance Director or designee and pre -arranged with
the restaurant.
Reimbursement for meals will generally be at a daily per diem. Per diem expenses
for meals shall be paid at the U.S. General Services Administration (GSA) rates set by fiscal
year, effective October 1 each year. GSA rates are available online, adjusted annually, and
searched by city, state or ZIP code
The Department Director must approve payment of any food or meal expense,
including payment of per diem meal expenses. Receipts are not required for per diem meal
expenses. Per diem allowances include food, taxes and gratuities.
Meal reimbursement for elected officials must include a specific description of the
meeting or business purpose of the expense, and be authorized by a majority of the Council
or the Mayor as appropriate.
Light refreshments for City meetings or meetings with City volunteers or advisory
committees may be permitted if pre -approved by the responsible Department Director, and
such an expense furthers the City's interests. The actual receipt is required to provide
support of these expenses.
C. Internal Revenue Service
The Internal Revenue Service regulations may provide tax exemptions for the cost
of meals that have, among other things, a direct or associated business connection. The cost
of a meal not having a direct or associated business connection is taxable to the individual
Page 9-13
benefiting from the meal. The cost of a meal not having a direct or associated business
connection will be subject to applicable federal and state payroll taxes. Cost of meals that
are taxable must be processed through payroll. The City shall comply with all applicable
law regarding the taxation of meals and the like. To facilitate compliance with this policy,
Advance Travel funds for food/meals will only be available when the employee is away on
city business overnight or other situation where the meal would be non-taxable meal
reimbursement. Other type of meal allowances that do not have a direct or associated
business connection (or which are otherwise subject to taxation) will be subject to applicable
payroll taxes in compliance with applicable law.
The following list contains examples of taxable meal allowance or meal
reimbursement situations. This list is not intended to be all-inclusive and is provided for
illustrative purposes only.
1. Twelve hour shift meal allowances.
2. The cost of meals if the distance for the business trip does not require
an overnight stay or long enough to require you to stop to get
substantial sleep or rest.
3. The cost of a meal if the person is away from their duty station and
on a "lunch break" and/or their own time.
Meal reimbursement in these situations will be at the daily per diem for each meal
and submitted on the Claim for Expenses form. These meals will be subject to applicable
federal and state payroll taxes.
The following list contains examples of NON-TAXABLE (EXEMPT) meal
allowance or meal reimbursement situations. This list is not intended to be all-inclusive and
is provided for illustrative purposes only. Other types of business meal allowances and/or
meal reimbursements may be exempt from applicable payroll taxes.
1. Council retreats or meetings where participants are required to stay
and continue the meeting through the meal period.
2. Meetings or training sessions which the cost of the meeting or
training session included the meal. (e.g. Council Coalition, Puget
Sound Regional Council, professional association meetings)
D. Travel
Expenses can only be reimbursed for authorized City travel while an employee is on
City business.
The use of a City vehicles rather than a personal vehicle is encouraged and may limit
the expense of employee travel to the City. In addition, many forms of public transportation
may provide employees with a cost effective alternative to using a personal vehicle. Car-
pooling to allow employees to travel together is also a priority and should be arranged by
supervisors and Department Directors whenever possible. When use of a personal vehicle
is necessary, mileage will be reimbursed at the rate established by the United States Internal
Revenue Service for deductions. This rate shall cover all incidental expenses associated with
use of the employee's private vehicle, such as gas, gasoline taxes, insurance, wear and tear
Page 9-14
or maintenance costs for the vehicle. The City will not provide reimbursement for the costs
associated with an employee's receipt of a citation of any kind while on City business.
Overnight travel will only be authorized if the employee is traveling a distance of
over 50 miles from the City or from their home, whichever is closer to the employee's
destination, unless otherwise authorized by the Department Director or designee as an
accommodation or business necessity. Accommodations must be at the most economical
rate available to the employee.
City employees who receive an automobile allowance in lieu of city provided
transportation shall not be entitled to further reimbursement or surface transportation costs
within a 300-mile radius of the City. Incidental travel costs such as parking, ferry, or bridge
tolls are reimbursable, as they would be even if a City vehicle where provided.
Mileage for elected officials will not be reimbursed for expenses incurred within
City limits.
E. Air Travel
Air travel must be made at least two weeks in advance of the departure date to assure
the most cost effective prices are obtained. The traveling employee or authorized personnel
shall make every effort to locate the best price possible for airfare. Only flights originating
from or returning to Seattle/Tacoma area airports are permitted, unless a cheaper flight can
be obtained originating from an airport closer to the employee's home. The employee is
directly responsible for all personal travel that occurs in connection with a trip for City
business, and such arrangements identifying personal vs. business related travel must be pre -
approved by the respective Department Director, or if the traveling employee is a
Department Director, the Mayor. Any changes in travel costs due to personal preferences of
the employee will be paid for by the employee.
Approved costs may be paid by the City if changes in travel plans occur that are the
result of City business requirements, (i.e. delays in departure, cancellations, extended stays,
or revised itinerary)
F. Rental Vehicles
The cost of a rental vehicle while on out of town business will only be considered
for reimbursement when other surface transportation in the area of travel is not feasible. All
vehicle rental costs must be pre -approved by a Department Director or the Mayor.
G. Other Miscellaneous Travel Expenses
Parking, ferry transportation, bus, taxi, bridge or other tolls, porter, bellman and the
like (not including any maid service) may be authorized, if necessary, while traveling on
City business and, if approved, will be reimbursed in addition to a mileage allowance, if
actual receipts are provided to support these expenses.
Page 9-15
Personal entertainment, loss or theft of personal property, personal cell phone or
phone expenses for non -City purposes, airline or trip insurance, or other personal items will
not be approved as a travel expense.
H. Use of City Credit Cards
The City may authorize the use of a City issued credit card for City business as
authorized in Policy 9.7 above.
I. Advance Travel
The City has implemented Advance Travel procedures to assist employees who are
traveling out of the area on City approved business. This program is set forth in the Port
Orchard Municipal Code (POMC) 3.08. State of Washington RCW 42.24.120-160 also
provides authority to establish this fund and requires compliance with the State Budgeting,
Accounting and Reporting System (BARS).
The City will establish a special bank account for authorized Advance Travel for
employees or City officials traveling on City Business.
A check register will be maintained in the manner established by the State Auditor
in BARS and this account will be reconciled monthly by someone other than the account
custodian.
The maximum amount that may be used to pay for travel expenses incurred by any
one officer or employee of the City is $500.00.
Funds provided to the employee through Advance Travel are considered a per diem
reimbursement expense and cannot be used for any personal expenses incurred while
traveling.
Advance Travel is not authorized for personal loans, payments of airline tickets, pre-
registration fees, reimbursement to employees/officials for travel already incurred.
All Advance Travel requests must be submitted for approval at least one week in
advance of the employee's expected date of travel to the Advanced Travel Custodian (ATC).
All requests must be signed by the employee, provide the specific business purpose for the
trip, length of trip, anticipated expenses if Advance Travel is requested, and a signed
approval by the employee's Department Director.
Advance Travel requests will be approved by the ATC on a "first come —
first served" basis.
J. Non -Overnight Travel Status Food & Beverage Reimbursement
Meals consumed by the City employee during meetings and other functions, during
which official City business is conducted or which serves to benefit the City, may be
reimbursable to the employee in compliance with IRS regulations.
Page 9-16
In order for a meal consumed outside of overnight travel status to qualify for
reimbursement, one of the following scenarios must apply:
1. The meal must have been consumed by the employee during a meeting of a
formal group or organization (i.e. Chamber of Commerce, Puget Sound Regional
Council, professional peer associations, etc.) in which the meeting agenda was
published and/or meeting notice was provided to, at a minimum, the intended
audience.
2. The meal must have been consumed by the employee on a meal break while
otherwise attending a training, conference or meeting that was at a distance that
prohibited the employee from returning home or to the workplace for the meal.
In situations where the employee is required to eat at the meeting location while
business is conducted, the meeting is away from the employee's regular workplace,
and the location of the meeting was outside of the employee's control (i.e. at an
establishment chosen by the event organizer), the employee will be reimbursed at the
actual cost of the meal not to exceed $15 in excess of the per diem amount for the
location as established by the U.S. General Services Administration (GSA). A receipt
showing actual expenses and proof of business purpose is required in these situations.
These meals are generally reimbursed to the employee on a tax-free basis in
accordance with IRS regulations.
In situations where the employee is attending a conference, training or meeting away
from the regular work location for the day and is provided with a break to have the
meal "on your own" the employee will be reimbursed up at the actual cost of the meal
not to exceed the per diem amount for the location as established by the U.S. General
Services Administration (GSA). A receipt showing actual expenses and proof of
business purpose is required in these situations. These meals are generally taxable to
the employee in accordance with IRS regulations.
City credit cards should not be used for the payment of meals.
Generally, the City will not incur costs for refreshments, and other related items, for
meetings or functions held in the normal course of business or that are attended solely by
City employees i.e., employee luncheons or picnics. However, at such meetings or functions
where a municipal function, public purpose, or City program is served or furthered, and
where the City Council or its designee has approved the meeting, the City may incur such
costs directly or as a reimbursement to employees who have incurred such costs on behalf
of the City.
Refreshments purchased solely for personal entertainment are not a legitimate City
expense.
K. Volunteer Refreshments
"Volunteers" are defined as non -compensated volunteers, advisory committee
members, and others who are participating in City business but are not on the City's payroll.
Page 9-17
Reimbursable expenditures relating to volunteers are authorized as follows:
Coffee and other light refreshments at meetings involving volunteers are authorized
City expenditures.
Incidental consumption of refreshments by City employees at meetings involving
volunteers is allowed.
L. Ceremonies and Celebrations
Reasonable expenses, including food and beverage, associated with commemorating
a dedicating or an unveiling that is recognized as serving a public purpose are legitimate
City expenditures.
Private celebrations rather than public celebrations are not generally considered as
serving a public purpose. Refreshments, food, and beverage related costs would therefore
not be recognized as legitimate City expenditures.
Support of a local "event" or celebration may not take the form of a gratuitous
contribution of public funds to a private person, committee or organization. Expenditure of
public funds on a publicly sponsored event requires:
The existence of a recognizable public or municipal purpose that
relates to the purpose for the City existence,
2. Proper authorization from the legislative authority for such public
sponsorship, and
3. A reasonable relationship between the amount of the City's
expenditure and the "public" nature of the event.
M. Meal Reimbursement for Non -City Employees and Non -City Officials
Employee claims for reimbursement of meal costs for non -City employees and non -
City officials will be allowed only with a memo of authorization for the Finance Director
(or Finance Director's designee), which must be included with the reimbursement request.
This memo must identify:
1. The name(s) of the individual(s) being, hosted;
2. The official title or capacity of this person(s) and how it relates to City
business;
3. The nature of the topic or topics discussed, nature of the occasion, what
public purpose or public policy was served; and
4. How this activity was an appropriate way to carry out that purpose or
policy.
Council member claims for the reimbursement of meal costs for non -City employees
and non -City officials will require a memo of authorization signed by the Mayor, or in the
Page 9-18
Mayor's absence, the Mayor Pro Tem, and this memo must be included with the
reimbursement request. This memo must identify the following:
1. The name(s) of the individual(s) being hosted;
2. The official title or capacity of this person(s) and how it relates to City
business;
3. The nature of the topic or topics discussed, nature of the occasion, what
public purpose or public policy was served; and
4. How this activity was an appropriate way to carry out that purpose or
policy.
N. City Council Expenses for Meetings and Training
Subject to available fund balances and proper documentation, it is the policy of the
Port Orchard City Council to reimburse its members for the registration fee or cost of
attendance for the following meetings or training:
• AWC Regional/Annual Meetings
• AWC Newly Elected Training
• KRCC Legislative Dinner/Breakfast
• KEDA Decision Maker's Breakfast
• KEDA Annual Meeting and/or Retreat
• Waste Water Training
• Kitsap Peninsula Visitors and Convention Bureau Meetings
• Home Builders Annual Meeting
• Realtors Annual Meeting
• PSRC Meetings/Conferences
• Economic Development Meetings/Conferences
• Other meetings and training as approved by the City Council
O. Automobile Allowance for Mayor
Subject to available fund balances, the Mayor is authorized to receive a $500.00
monthly vehicle allowance, in addition to the salary specified in the City's budget or an
amount that is provided for in an employment contract. Forms accepting the vehicle allowance
must be on file with Human Resources prior to issuance of the allowance.
The role of Mayor requires frequent travel to effectuate the duties of the position. This
allowance is in lieu of reimbursement for expenses incurred due to the Mayor's frequent use
of a personal vehicle for City business purposes.
9.9 Public Records Requests
The Port Orchard Municipal Code designates the City Clerk as the Public Records
Officer. Any employee receiving a public records request must immediately inform their
Department Liaison, who will work with the City Clerk to ensure the request is processed
appropriately. See also Operating Procedure #610.
Page 9-19
9.10 Public Records Retention
Washington State law requires retention of most public records, including the
archiving and storage of such records. The Secretary of State's office and the City establish
schedules for retention of public records. Employees are required to comply with the
established retention schedules.
Employees must consult the City Clerk for any questions regarding what records
need to be retained and for how long they should be kept before being destroyed.
Electronically stored information is subject to retention in the same manner as a paper
record. Any document created on City equipment can be a public record, including
electronic documents/data (including e-mails), faxes, photocopies, and scanned documents.
Employees shall retain and store all electronically stored information falling within the
definition of a public record in the same manner as they would a printed document.
Employees should contact the City Clerk with any questions they have regarding this
Policy. See Operating Procedure #601 for the procedure related to "scan and toss ".
9.11 Key and Access Card
Employees may be issued one or more keys and/or key card to obtain access to the
City properties and spaces necessary for performance of their duties.
Employees are
1. responsible for maintaining the security of City buildings and facilities in
which they enter using City keys or access cards,
2. responsible for the safekeeping of City key(s) and access card issued to
them,
3. not to duplicate City keys or access cards, without the pre -approved
authority to do so,
4. not to possess any unauthorized key(s) or access card(s),
5. not to loan or transfer their keys or access card to any other individual,
6. not to unlock a building or room for another individual unless the individual
is known by them to have authorized access to enter,
7. required to return to the City all keys upon changing office spaces or
vacating a position that results in no longer needing the key,
8. to report any loss of key(s) or access card immediately upon discovery of
the loss to their Supervisor,
9. turn in to their Supervisor any found City keys or access cards, and
10. responsible for compliance with this policy. Violations of this policy could
subject the employee to discipline up to and including termination.
Department Directors are responsible for the authorizing the issuance of key(s) and access
card privileges.
Page 9-20
Chapter 10
Employee Responsibilities and Conduct
10.1 General Code of Conduct
10.2 Outside Employment and Conflicts of Interest
10.3 Prohibition of Workplace Violence
10.4 Confidentiality of Business Information
10.5 Conduct Toward Co-workers and the Public
10.6 No Smoking Policy
10.7 Personal Possessions and Use of City Vehicles and Equipment
10.8 Contact with the News Media
10.9 Seat Belt and Driver/Equipment Operator Safety
10.10 Safety Committee
10.11 Driver's License Requirements
10.12 Political Activities
10.13 Solicitation
10.14 Accident Prevention and Safety
10.15 Substance Abuse
10.16 Professional Attire Policy
10.1 General Code of Conduct
This Chapter supplements the City of Port Orchard's Anti -Harassment and Anti -
Discrimination Policy, as well as the remainder of the City's personnel policies relating to
employee conduct. All employees are expected to represent the City of Port Orchard in a
professional manner which is courteous, efficient and helpful. Employees must also
maintain a clean and neat appearance appropriate to their work assignment, as determined
by their position and supervisor.
The City of Port Orchard's success in serving its citizens depends upon each
employee's performance. The City has established certain minimum standards of personal
conduct. All employees, volunteers and elected officials are required to conduct themselves
in a professional and courteous manner at all times when acting as an employee of the City
or in a capacity that may be associated with the City. Among the City's expectations are:
tact and courtesy towards City employees and officials and the public; adherence to City
policies, procedures, safety rules and safe work practices; compliance with directions from
supervisors and management; and preserving and protecting the City's equipment, grounds,
facilities and resources. To this end, set forth below is a non-exclusive list of some
behaviors that constitute a breach of the City's code of conduct policies and/or expected
behavior which may result in discipline, up to and including termination of employment.
This list is not all-inclusive, but is provided for your general guidance.
A. Behaving in an insubordinate manner toward a supervisor or refusing
legitimate work orders;
B. Working in a manner that obstructs or hinders other employees from
completing their assigned duties;
Page 10-1
C. Failing to preserve your own safety and/or the safety of others (including the
failure to wear required safety clothing and equipment and the failure to
promptly report an on-the-job injury or accident);
D. Releasing confidential information without authorization or in violation of
the law;
E. Misusing, destroying, or damaging City property (this includes the
unauthorized use or possession of City property, resources, and facilities);
F. Assault, battery, fighting or any other type of violence;
G. Disrespectful or discourteous conduct, bullying, or other unprofessional
conduct;
H. Failure to follow City rules, policies, or regulations;
I. Failure to present a professional appearance appropriate to your work
assignment;
J. Violations of the law or other applicable authority;
K. Failure to satisfactorily perform your job, neglect of your job duties, and
failing to assist other employees when required;
L. Intimidation, threatening, or attacking another with any form of weapon to
include firearms, knives, blunt instruments, clubs, or projectiles;
M. Engaging in criminal or unethical behavior (including any type of
dishonesty). This includes the commission of any crime, whether committed
at or away from the workplace (during or outside of working hours) that may
impair the employee's ability to effectively perform their job duties and/or
which is so disruptive to the City's working environment or operations that
the City (in its discretion) feels compelled to terminate the employee rather
than tolerate the disruption and/or inefficiencies that continued employment
of the subject employee may cause;
N. Engaging in activities that pose a conflict of interest (or potential conflict of
interest) with your duties and obligations to the City;
O. Engaging in behavior which reflects poorly upon you or the City;
P. Misrepresentation or withholding of pertinent facts in securing or
maintaining employment with the City;
Q. Unauthorized use of your position as a City employee for personal gain (to
include accepting unlawful gratuities or bribes);
R. Unauthorized recording or alternation of another employee's time record
(both employees may be subject to disciplinary action) or falsification or
other improper recording of your own time record;
S. Unauthorized tardiness or absence from work;
T. Making malicious, false, or derogatory statements that are intended or could
reasonably be expected to damage the integrity or reputation of others or the
City;
U. Intentional falsification of records/paperwork relating to City business; and
V. Behavior in violation of the City's Personnel Policies.
To make the most efficient use of personnel, the City reserves the right to change
an employee's work conditions and duties as determined appropriate in the City's
discretion. If these arrangements become necessary, the City expects the employee's best
cooperation. The City also expects that each employee will provide their best efforts each
Page 10-2
working day as an employee of the City. Consistently positive, cooperative, and
professional conduct is an essential function of every position at the City.
Violations of the City's code of conduct policies, breaches of expected behavior,
and/or unsatisfactory work performance (as determined in the City's discretion) will result
in appropriate disciplinary action, up to and including termination of employment, as well
as possible civil and/or criminal legal action. All employees are expected to abide by the
City's code of conduct policies as a term and condition of employment.
Reporting Procedure: Any employee who reasonably believes that a situation with
an aggressive employee, member of the general public, or other party (e.g., any person who
uses obscene or abusive language or gestures, makes threats, or acts in a violent or
threatening manner) is placing the employee in imminent danger should immediately
contact the City's police department or call 911. The employee should also immediately
report the situation to their supervisor or Department Director. If the supervisor and/or
Department Director are unavailable or are part of the violence, the employee shall report
the situation to the Human Resources Director or the Mayor. Once the situation has been
defused, the supervisor or Department Director must contact the Human Resources Director
to initiate an appropriate investigation. The report will be investigated as appropriate and
disciplinary or corrective action will be taken to the extent necessary.
Duty to Report Protective Orders: Any employee who is the subject of or protected
by a domestic violence protective order or civil protective order, which could reasonably
affect their ability to perform their job duties and/or necessitate action on behalf of the City
in regard to the subject protective order, shall immediately report the existence of the order
to their Department Director or the Human Resources Office.
Duty to Report Criminal Arrests and Convictions: Any employee who is arrested or convicted
of a felony, gross misdemeanor or misdemeanor offense where there is a connection between
the crime alleged and the employee's job -related duties shall immediately report such arrest
or conviction to the Human Resources Office. Upon such report, the Human Resources
Director and the employee's Department Director will determine the potential impact upon
the employee's employment status or fitness/suitability for duty. If an arrest or pending
charge(s) results in an incarceration that prevents the employee from reporting to work for
more than five (5) consecutive days or otherwise impacts the employee's ability to regularly
report to work, the employee may be terminated. If an arrest impacts an employee's fitness
or suitability for duty in the sole discretion of the City, the employee, depending upon the
particular circumstances and the impacts to the City's operations, may be terminated (subject
to an eligibility for rehire/reinstatement if the arrest/charges do not result in conviction) or
placed on an unpaid administrative leave, pending final disposition of the case.
Employees who fail to report as required herein shall be subject to advanced disciplinary
action, up to and including termination of employment.
Page 10-3
10.2 Outside Employment, Gifts, and Conflicts of Interest
Employees shall not, directly or indirectly, engage in any outside employment or
hold financial interests or personal interests which may conflict, in the City's opinion, with
the best interests of the City or interfere with the employee's ability to perform their
assigned job. Examples include but are not limited to:
A. Outside employment which prevents the employee from being available for
work beyond normal working hours, such as in emergencies or peak work
periods, when such availability is required by the employee's job;
B. Outside employment which is conducted during the employee's work hours
or otherwise detract from or interfere with responsibilities to the City;
C. Outside employment which uses City telephones, computers, supplies, or
any other resources, facilities or equipment;
D. Employment with a firm which has contracts with, or otherwise does
business with the City;
E. Cause the employee to, or give the perception that, the employee has
disclosed or abused privileged information of the City or its contractors or
vendors or other business partners;
F. Use of the employee's official capacity as a City employee/representative to
accomplish goals outside the scope of municipal employment;
G. Cause the employee to, or give the perception that, impairs the independence
of judgment or performance in the performance of official functions;
H. Use of City property outside the scope of official obligations or not within
the service of duties to the people of Port Orchard; or
I. Employment which includes activities that are or may reasonably be
perceived as a conflict of interest or otherwise discredits the City.
To avoid conflicts of interest, each employee must:
A. Maintain a high standard of conduct and disqualify themself from exerting
influence in any transaction where their own interest may conflict with the
best interests of the City, or where the employee may gain or be perceived
to gain any financial or other personal benefit.
B. Report to the City any financial interest the employee or any member of the
employee's family may have in any entity, agency or concern doing business
with the City.
C. Refuse to accept any remuneration, gift or promise of a benefit with an
aggregate value in excess of fifty dollars ($50.00), or limit set by RCW
42.52.150, whichever is less received from a single source, or a single gift
from multiple sources, in a calendar year who has a business relationship
with the City which could influence, or be perceived to influence, your
professional judgment or discretion. Employees must report all such conduct
to their supervisor.
D. Accept no cash, merchandise or any item of more than a de minimis value
from anyone who has a business relationship with or interest in dealing with
the City. Items that are donated to use as a door prize for a fundraiser or to
Page 10-4
be auctioned or raffled off for the benefit of the City are not considered
gratuities to the employee if used strictly for the purpose intended. Examples
of de minimis items include:
1) unsolicited advertising or promotion items of nominal value such as
pens and notepads,
2) unsolicited tokens or awards of appreciate such as a plaque or trophy,
3) unsolicited items received for the purpose of evaluation or review, if
the employee has no personal beneficial interest in the eventual use or
acquisition of the item,
4) food and beverages consumed at hosted receptions where the
attendance is related to the employee's official duties,
5) admission to, and the cost of food and beverages consumed at, events
sponsored by or in conjunction with a civic, charitable, governmental,
or community organization,
6) Payments by a governmental or nongovernmental entity of reasonable
expenses incurred in connection with a speech, presentation,
appearance, or trade mission made in an official capacity,
7) Payments for seminars and educational programs sponsored by a bona
fide nonprofit professional, educational, or trade association, or
charitable institution, and
8) Flowers, plants, and floral arrangements and trays of cookies, donuts
or similar items, so long as the employee receiving the gift does the
following: (a) notifies their supervisor of the gift; (b) takes the item to
a recognized relief agency, or alternatively, makes the items available
for the enjoyment of all employees in the employee's work area
E. Refrain from lending money to, borrowing money from, or having loans
guaranteed by anyone doing business with, or with an interest in doing
business with, the City. The exception is that an employee may borrow
money from a financial institution the City does business with provided the
employee does not receive preferential treatment.
F. Refrain from using information or knowledge acquired by virtue of the
employee's position in the City for any personal gain or advantage by
divulging such information to anyone who could use it in a manner
detrimental to the City or detrimental to the fairness of the process, such as
a competitive bidding process.
G. Report to their supervisor, Human Resources or Mayor (or their designee)
any knowledge the employee has of a potential violation of this Policy.
H. Complete an Outside Employment Acknowledgement form, available from
Human Resources, to obtain approval from the employee's supervisor and
the Mayor.
Any employee, who serves as a consultant to, or a director, officer or part-time
employee of a business or agency that does business with the City, when that relationship
has not been fully disclosed to the City, has a conflict of interest. This is true even when the
City employee has no direct contact with the City in the course of the business or agency's
dealings with the City. This places the City at risk for inadvertent disclosure of confidential
information and creates the appearance of impropriety. Thus, all employees must obtain
Page 10-5
written approval from the Mayor (or Mayor's designee) before the employee may accept
outside work with a firm or entity that has or may have dealings or a relationship with the
City.
Finally, employees are cautioned to consider carefully the demands that outside
employment will create before seeking or accepting any such employment. Outside
employment will not be considered an excuse for poor job performance, absenteeism,
tardiness, leaving early, refusal to work overtime, different hours, or refusal to travel when
required. If an outside work activity does cause or contribute to job -related problems, the
employee will be subject to appropriate disciplinary action, up to and including termination
of employment.
Nothing in this Policy, however, is intended to apply to an employee's military
reserve obligations in the United States Armed Forces or the National Guard.
10.3 Prohibition of Workplace Violence
The safety of the City's employees and public is the City's paramount concern when
dealing with issues of violence or threatened violence in the workplace. Acts of violence,
threats, bullying, aggressive behavior and intimidation will not be tolerated. This includes
verbal or physical threats. This also includes communications through electronic means or
through a third party. Destruction of property is also prohibited. Bringing a firearm or any
other weapon on City property is prohibited, with the exception of authorized law
enforcement personnel acting within the scope of their employment for the City.
Threats or intimidation of a public official is prohibited. Any such conduct by
members of the public or City employees directed at another City employee or City official
may result in refusal of City services or access to services, discipline (up to termination),
and/or legal action, including criminal action, when appropriate.
If any City employee is aware of such conduct being directed at a City employee or
City official, whether the source is another City employee or member of the public, they
must report such conduct immediately to their Department Director, Human Resources,
City Clerk, Mayor or law enforcement. The City will take police action when needed to
meet these safety goals.
The City will investigate all reports of threats of (or actual) violence and of
suspicious individuals or activities to the extent appropriate.
An employee who participates in, commits, or threatens to commit an act of violence
in the course of their employment or directed toward a co-worker will be subject to
appropriate disciplinary action, up to and including immediate termination.
Workplace violence can also originate from domestic violence. If you have a
restraining order against any individual, it is in your best interest to make your supervisor
aware of the situation. Together with your supervisor you can make a decision about how the
information is disseminated to your co-workers and others who may find themselves in
Page 10-6
contact with the individual named in the order. You may need to provide a picture of the
individual to your co-workers so that they can help keep you safe while you are at work.
Victims, or family members, of domestic violence may also be able to exempt their personal
information from public disclosure. See Operating Procedure 620 for additional information.
10.4 Confidentiality of Business Information
Employees and volunteers of the City of Port Orchard may receive and have access
to confidential information regarding its taxpayers, ratepayers and other employees and
officials. Employees are obligated to keep this information confidential. Other information
is also considered confidential, such as attorney -client privileged communications,
information used in negotiating land acquisitions or purchases, and other information
exempt from the public disclosure laws. Employees who have access to or are made aware
of confidential information must safeguard this information and protect it from misuse or
further dissemination.
All requests for confidential City records or information must be referred to the
applicable Department Director, City Clerk, or Mayor. Employees are prohibited from
copying or distributing confidential information without appropriate authorization. This
obligation exists during employment and it continues indefinitely after employment with
the City ends. Employees who violate this Policy, and/or the trust and standard of
accountability that is expected of all City employees, shall be subject to appropriate
disciplinary action, up to and including termination, as well as any other appropriate legal
action.
10.5 Conduct Toward Co-workers and the Public
The City of Port Orchard's integrity and reputation in the community will be
determined by the work we do and by the employees who represent us. We are proud of
those who work for us and employees can be proud of the positions of trust they hold. We
must continue to earn that trust in everything we do. We expect that employees will
maintain the highest degree of reliability and honesty. The community will judge the City
by the actions of its employees.
All employees are expected to treat their co-workers, volunteers and the public with
courtesy and respect. While employees may disagree with one another, or even with aspects
of the City policies, management directives or other practices, they are expected to resolve
their concerns in a way that is not disruptive of the City's business, and does not undermine
the quality of the workplace for others. If you have concerns, you are expected to address
those concerns with an appropriate member of the management team to see if your concerns
can be resolved. Employees are not to act in a way that is considered combative or
threatening to other co-workers or the public.
Similarly, disagreements and animosities among employees can detrimentally
impact the work environment for all co-workers. The City expects such disagreements and
animosities to be removed from the workplace, or resolved productively with the help of a
supervisor or the Human Resources Office. Any unresolved disagreements of this nature
Page 10-7
that impact employee performance and morale will be dealt with as a performance problem
or disciplinary matter.
Employees are also expected to conduct themselves professionally at all times. The
City will not tolerate abusive language, foul language, discourteous or insulting conduct,
threats of any kind, violence or intimidation. Such conduct will result in appropriate
disciplinary action, up to and including termination.
10.6 No Smoking Policy
As required by law, the City prohibits smoking and tobacco use by employees in all
City facilities, including City -owned buildings, vehicles, and offices or other facilities
rented or leased by the City, including individual employee offices. Smoke or smoking
means the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any other
lighted smoking equipment, implement, apparatus or item. Smoking and tobacco use is
permitted only in designated areas outside of the City's buildings in accordance with State
law.
40.7 Personal Possessions and Use of City Vehicles and Equipment
This Policy supplements the other personnel policies contained herein regarding use
of City equipment and resources and the conduct expected of every City employee.
The City of Port Orchard does not assume responsibility for any theft or damage to
the personal belongings of employees, and it reserves the right to search employee desks,
lockers, other City resources, and personal belongings brought onto City premises, when
necessary and as permitted by law.
Other City equipment, including vehicles, must be appropriately used by employees
as previously set forth in these personnel policies. An employee's misuse of City services,
telephones, computers, vehicles, equipment, supplies, or other resources will result in
appropriate disciplinary action, up to and including termination.
10.8 Contact with the News Media
The Mayor (or Mayor's designee) shall be responsible for all official contacts with
the news media, including answering of questions from the media. The Mayor may
designate specific employees to give out procedural, factual or historical information on
particular subjects. Employees who are contacted by the news media regarding the City or
City business, should refer the media to the Mayor. The only exception to the foregoing
procedure is that the Police Department has a designated Public Information Officer who
handles contacts with the news media relating to the Police Department.
10.9 Seat Belt and Driver/Equipment Operator Safety
This Policy supplements Policy 9.5 (Use of City Vehicles) above and should be read
in conjunction with that Policy. Under Washington law, anyone operating or riding in City
Page 10-8
vehicles must wear seat belts at all times. No one is permitted to have a non -City employee
or agent in a City vehicle without written authorization from a supervisor and any
appropriate waivers from the passenger.
Similarly, when operating City equipment or vehicles that require a commercial
driver's license (CDL), each employee must maintain their license and all the requisites for
that license at all times. Any change in status must be reported to the City promptly. If a
CDL license is essential to an employee's job duties, the employee may be terminated if
unable to maintain their CDL qualifications.
No vehicle should be driven on City business if the vehicle is not operating properly or would
be or could be unsafe to drive. At no time will any City employee operate a City or personal
vehicle in connection with reporting to work or on City business if they have consumed
alcohol. If an employee is called to work unexpectedly due to an emergency condition, the
employee must notify their supervisor if they have consumed alcohol so that a replacement
can be located. Similarly, if an employee has consumed prescription or non-prescription
medication that may impair their ability to drive or stay alert, they must notify their
supervisor prior to undertaking any driving tasks, or any other task which they cannot
perform safely.
No one under the age of eighteen (18) will be permitted to operate a motor vehicle while
carrying out City business.
10.10 Safety Committee
The City has a safety committee made up of members of various departments, whose
responsibility it is to address safety concerns and educate employees on safe work practices.
10.11 Driver's License Requirements
Employees, elected and appointed officials, and volunteers may be required to hold
a valid Washington State Driver's license or other license as a requirement for certain City
positions, and as a requirement when driving vehicles owned by the City, and in performance
of their City related business. If an employee's license is revoked, suspended or lost, or is in
any other way not current, valid, and in the employee's possession, the employee shall
promptly notify their supervisor or their Department Director and will be immediately
suspended from driving duties. The employee may not resume driving until proof of a valid,
current license is provided to their supervisor or Department Director. Depending on the
duration of license suspension, revocation or other inability to drive, an employee may be
subject to corrective action, including termination.
10.12 Political Activities
City employees may participate in political or partisan activities of their choosing
provided that City resources and property are not utilized, and the activity does not adversely
affect the responsibilities of the employees in their positions. Employees may not campaign
on City time or in a City uniform or while representing the City in any way. Employees may
Page 10-9
not allow others to use City facilities or funds for political activities. Any City employee who
meets with or may be observed by the public or otherwise represents the City to the public,
while performing their regular duties, may not wear or display any button, badge or sticker
relevant to any candidate or ballot issue during working hours. Employees shall not solicit,
on City property or City time, for a contribution for a partisan political cause.
10.13 Solicitation
Solicitation by an employee of another employee is prohibited during the working time of
either person. Working time is defined as time when an employee's duties require that the
employee be engaged in work tasks. Reasonable forms of solicitation are permitted during
non -work time, such as before or after work or during meal or break periods. Distribution of
printed materials or literature of any nature shall be limited to non -work areas at non- work
times. Solicitation and/or distribution of material on City property by persons not employed
by City of Port Orchard are prohibited at all times. (Exceptions to this rule may be made, by
the Mayor (or Mayor's designee), in special circumstances where the City determines that
an exception would serve the best interests of the organization and our employees. An
example of an exception might be the United Way campaign or a similar, community -based
fund-raising effort).
10.14 Accident Prevention and Safety
This Policy supplements the City's other safety related policies and should be read in
conjunction with those policies. It is the City's intent to provide safe working conditions for
its employees. Every employee is responsible for maintaining a safe work environment and
following the City's safety rules. The City has established a safety and health policy and
accident prevention program. Copies of the Safety Manual are available from the Human
Resources Office or in the Human Resources folder on the Shared Drive and are distributed
to each new employee at the time of hire. Each Department may also maintain a hard copy
of the manual.
Employees shall promptly report all unsafe or potentially hazardous conditions to
their immediate supervisor. The City will make every effort to remedy problems as quickly
as possible. Employee safety depends on the safety consciousness of everyone. The City
encourages the promotion of accident prevention and safety education at regular department/
safety meetings.
In order to facilitate a safe work environment, employees may not bring dangerous
weapons to the workplace (please also see Personnel Policy No. 10.3 regarding the
prohibition of workplace violence). This includes, but is not limited to, weapons for which
employees have a valid permit. This Policy does not apply to City law enforcement personnel
acting within the scope of their employment, who are governed by law and internal
departmental policies. Violations of this Policy will result in appropriate disciplinary action,
up to and including termination of employment.
Employees in certain jobs or when performing certain tasks, operating equipment or
as otherwise instructed are required to use personal protective equipment provided by the
Page 10-10
City, such as safety vests/glasses, hearing protection, gloves and/or hard hats. Employees are
prohibited from removing guards or other protective devices from machinery and equipment
or in any way tampering with or disabling safety measures. Violations of safety requirements
may result in discipline, up to and including termination. In case of an accident involving
personal injury or damage to property regardless of how minor or if a motor vehicle is
involved in a collision of any kind, any involved employees shall immediately notify their
direct supervisor or Department Director, as well as the Risk Manager.
In any accident that results in serious property loss or bodily injury, it is the City's
policy to test the employee for drugs or alcohol use, to confirm that the use of drugs or
alcohol was not a factor in the accident. See Personnel Policy 10.15 for post -accident testing
procedures vehicles that are not commercial vehicles requiring a special license to operate
or Operating Procedure 330 for drug and alcohol testing required under the Federal Motor
Carrier Safety Administration/Department of Transportation (FMCSA/DOT) regulations.
(The City also reserves the right to conduct such testing at other times determined appropriate
in its discretion to the extent permitted by law). In addition, no City employee is permitted
to engage in conduct after an accident or injury occurs that will negatively impact drug and
alcohol testing or the City's or law enforcement's investigation of the accident.
On the Job Employee Injuries
When an on-the-job injury occurs, employees shall report to their immediate
supervisor or Department Director each injury or illness regardless of the degree of severity.
As soon as possible after an accident, injury or occupational illness is discovered, the
employee must complete the City's Personal Injury Accident/Report form and submit it to
their supervisor no later than twenty-four (24) hours after the incident, unless the employee
is physically unable to do so. Supervisors are required to complete the supervisor portion of
the accident report form and turn in the completed form to the Human Resources Office
within twenty-four (24) hours. Should the injury require attention beyond basic first aid, the
employee is responsible for completing the Washington State Labor and Industries claim
form available from the health care provider. Injured employees must keep the City informed
of the need for any absences from work, their condition, progress and intent to return to work.
The injured employee's Department Director (or Director's designee) shall promptly forward
any documentation of medical restrictions or release to return to full duty to the Human
Resources Office.
Other Accidents/Incidents
Employees shall report any work -related accidents involving a third -party personal
injury and/or damage to public/private property or equipment, regardless how minor, to their
immediate supervisor or Department Director, as well as the Risk Manager. Such report shall
be made as soon as possible, but in no event later than one (1) hour following such accident
unless the employee(s) involved are physically unable to do so. So that an accident may be
timely reported, the initial report may be given verbally. Accident/Incident report forms are
available from supervisors or the Human Resources Office. A written report shall be
completed by the employee as soon as possible, and, unless the employee is medically unable
to, no later than twenty-four (24) hours following the incident, or sooner if required by the
Page 10-11
employee's Department Director or the Human Resources Office.
Bloodborne Pathogens
The City complies with all statutory obligations for the prevention of exposure to
bloodborne pathogens. Employees should familiarize themselves with the City's Exposure
Control Plan which is in the City of Port Orchard's Safety Manual -Accident Prevention
Program and follow it at all times. Failure to comply with this Plan may result in discipline
up to and including termination.
10.15 Substance Abuse
A) Introduction
The City of Port Orchard is committed to protecting the safety, health, and well-being
of its employees, the public it serves and all people who come into contact with the
City and the services it provides. The City recognizes that drug and alcohol abuse
poses a direct and significant threat to this goal, and to the goal of providing a
productive and efficient work environment in which all employees have an
opportunity to reach their full potential. Accordingly, the City is committed to
assuring a drug -free work environment for all its employees. The City is also
committed to complying with the federal Drug Free Workplace Act of 1988 (and any
other applicable law). This Policy is intended to comply with that Act and to set forth
the City's policy regarding substance abuse issues. Every employee is required to
abide by the terms of this Policy as a condition of employment.
In addition to the drug and alcohol policy set forth in this personnel policy, those
employees who are required to operate commercial vehicles, and therefore are
required to hold a commercial driver's license (CDL) are further subject to the drug
and alcohol testing requirements and regulations established by the United States
Department of Transportation (USDOT) and its designated agencies. City employees
holding a CDL or otherwise occupying a safety -sensitive position will be subject to
USDOT Drug and Alcohol Testing Regulations, 49 CFR Part 40. To the extent that
the USDOT policy conflicts with the general policy set forth above, the USDOT
policy shall govern employees holding a CDL or otherwise occupying a safety -
sensitive position. Employees may request a summary of the USDOT policy from
Human Resources.
B) Drug and Alcohol Prohibitions
To accomplish the goals of this Policy, all employees are required to report to work
in an appropriate mental and physical condition to perform their job satisfactorily. In
addition, employees are prohibited from:
1) the use, purchase, possession, sale, conveyance, distribution or manufacture
of illegal (whether under federal and/or state law) drugs, intoxicants,
controlled substances, and/or drug paraphernalia associated with illegal drug
Page 10-12
use while on the job, while on City property, while operating City vehicles,
or while otherwise representing the City;
2) being under the influence of alcohol (defined as having an alcohol
concentration level of 0.04 or greater) or controlled substances (any
detectable trace in the body system) while on duty; or bringing alcohol onto
City premises, unless specifically approved by the Mayor;
3) Abusing prescription drugs or possessing and distributing prescription drugs
that have not been prescribed for the employee by a physician; and
4) Any other related conduct in violation of the law or City policy.
Any employee who violates this Policy is subject to appropriate disciplinary action,
up to and including termination of employment. In addition, any workplace conduct
in violation of the law may be treated as a criminal matter and turned over to the Port
Orchard Police Department or other authority for appropriate action.
C) General Testing Requirements
City employees shall be subject to pre -employment, reasonable suspicion, post -
accident, return to duty and follow-up testing, as follows:
1) Pre -employment testing.
a. Employees hired into a safety -sensitive position or a position requiring the
operation of commercial vehicles must pass a drug test as a post -offer
condition of employment with the City.
2) Reasonable Suspicion
a. Where the City has reason to suspect that an employee has violated or is
presently violating or is otherwise under the influence of drugs, controlled
substances, alcohol, or other intoxicants, the employee may be required
to immediately submit to an alcohol or drug analysis test. Refusal to take
the test or failure to comply will result in appropriate disciplinary action,
up to and including termination of employment.
b. A referral for testing will be made on specific and objective facts and
reasonable inferences drawn from these facts by supervisory personnel.
Among other things, such facts and inferences may be based upon:
(i) an employee showing signs of impairment, such as (but not limited
to) difficulty in maintaining balance, slurred speech, inability to
visually focus or otherwise appearing unable to perform assigned
work in a safe and satisfactory manner;
(ii) the smell of alcohol or illicit drugs on the employee's breath or
person;
(iii) abnormal conduct or appearance or erratic behavior while at work
or a significant deterioration of work performance; and/or
Page 10-13
(iv) a report of alcohol or other drug use provided by a reliable and
credible source.
3) Post -Accident Testing
a. Following an accident involving a City vehicle or City equipment, the
driver/operator of such vehicle or equipment is required to submit to an
alcohol and drug test when:
(i) The accident involved the loss of human life (fatality); or
(ii) The driver received a citation for a moving violation and the
accident involved bodily injury to any person who, as a result of
the accident, immediately receives medical treatment away from
the scene of the accident; or
(iii) The driver received a citation for a moving violation and the
accident involved one or more motor vehicles incurring disabling
damage as a result of the accident, requiring the motor vehicle to
be transported away from the scene by a tow truck or other motor
vehicle.
b. Testing shall occur as soon as possible and must occur within eight (8)
hours after the accident for alcohol testing and 32 hours after the accident
for drug testing. An employee required to take a post -accident alcohol test
may not use alcohol for eight (8) hours following the accident, or drugs
for thirty-two (32) hours following the accident, or until a post -accident
test is given, whichever comes first. An employee who is subject to post -
accident testing must remain readily available for such testing and may not
take any action to interfere with testing or results of testing. Failure to
comply with post -accident testing requirements will be grounds for
disciplinary action, up to and including termination. This policy should not
be construed to require the delay of necessary medical attention for the
injured.
4) Return to duty testing:
a. Employees who have violated this policy, including those who have tested
positive on a drug or alcohol test, and who under the City's disciplinary
policy can return to work, must test negative prior to being released for
duty.
5) Follow -Up Testing
a. An employee who is referred for assistance that is related to alcohol
misuse and/or use of drugs is subject to unannounced follow-up testing for
a period not to exceed 60 months as directed by a substance abuse
professional and the City. The number and frequency of follow-up testing
will be determined by the substance abuse professional and the City but
will not be less than six tests in the first 12 months following the
employee's return to duty.
Page 10-14
D) Testing Information
1) Employees who are directed to submit to a drug and/or alcohol test must
promptly report to the testing agency —under most circumstances, this will
mean that the employee must report for testing no later than one hour after
having received notice of the testing. In reporting for testing, the employee
must report to the nearest testing facility and may not make any detours or
stops enroute to the testing facility. A City representative may accompany the
employee to the testing facility, where the management deems it appropriate.
The City retains a qualified third party administrator as its service agent to
provide and coordinate the drug and alcohol testing services referenced in this
policy. Employees are expected to cooperate with the administrator and to
comply with the directives issued by the administrator in administering and
coordinating the tests required pursuant to this policy.
2) Employees who test positive for drugs may request a second test of the
remaining portion of the split sample within 72 hours of notification of a
positive test result by the medical review officer responsible for receiving and
interpreting the drug test.
3) A refusal to take a drug and/or alcohol test as required by the City, an undue
delay in reporting for testing as instructed by the City and/or utilizing any
means designed to "cheat" adulterate or substitute the sample or otherwise
render a false negative report shall be deemed the equivalent of a positive
result and an employee engaging or assisting in such measures shall be subject
to disciplinary action, up to and including termination. In cases of a
"negative/diluted" test result, the employee shall be required to submit to a
new test promptly upon notice from the City.
E) Consequences
1) Employees violating this policy will be subject to discipline, up to and
including discharge. At a minimum, employees who test positive for alcohol
or drugs shall be immediately removed from safety sensitive functions and
may be suspended without pay, pending further evaluation and
recommendation from a substance abuse professional (SAP).
2) Employees who are found to have violated this policy but who are allowed to
return to work under the City's disciplinary process shall be required to first
submit to an Employee Assistance Program (EAP) evaluation and shall
receive a one-time opportunity to enter a treatment program, if so
recommended by an SAP. Upon return to work, the employee will be required
to accept, and comply with, the terms of a "last chance agreement" and will
be subject to the follow-up testing requirements as set forth above.
F) Additional Supervisor/Manager Responsibilities
If a supervisor or manager has a reasonable suspicion that an employee is under the
influence of drugs, controlled substances, alcohol, or other intoxicants in the
workplace, the supervisor or manager shall verify and document the employee's
Page 10-15
condition to the best of their ability as previously outlined. The supervisor or manager
is responsible for removing an employee from duty where reasonable suspicion of
impairment exists. A supervisor or manager shall not allow an employee believed to
be under the influence of drugs, controlled substances, alcohol, or other intoxicants
to operate equipment or drive a vehicle until it has been determined that an employee
can safely do so. A reasonable effort will be made to prevent the employee from
driving a personal vehicle when the employee is believed to be under the influence
of drugs, controlled substances, alcohol, or other intoxicants.
G) Other Requirements and Matters
1) Each employee must notify their supervisor of any criminal drug statute
conviction no later than five (5) days after such conviction. The City shall take
appropriate personnel/disciplinary action against the employee, up to and
including termination of employment and/or requiring the employee to
participate satisfactorily in an approved substance abuse treatment program.
2) Prescription and over-the-counter medications are not prohibited in the
workplace or while acting on behalf of the City when taken in accordance with a
lawful prescription, as applicable, and consistent with standard dosage
recommendations. Prescription medication means a drug or medication lawfully
prescribed under both federal and state law by a physician or other health care
provider licensed to prescribe medication for an individual and taken in
accordance with the prescription; but specifically excludes, without limitation,
medical marijuana, which remains a controlled substance prohibited by federal
law. Employees who are taking a prescription or over-the-counter medication that
may impair their ability to perform their duties safely and effectively must notify
their supervisor and should provide written notice from their physician or health
care provider with respect to the effects of such medication.. If the use of a
medication could compromise the safety of the employee, fellow employees, or
the public, it is the employee's responsibility to use appropriate personnel
procedures (e.g. call in sick, use leave, request change of duty, notify supervisor)
to avoid unsafe workplace practices. The City may, at its discretion, send an
employee home if the employee appears impaired by the use of prescription
and/or over-the-counter medications and such impairment impacts the
employee's ability to safely and/or effectively perform their duties.
3) The illegal or unauthorized use of prescription drugs is prohibited. It is a violation
of our drug free workplace policy to intentionally misuse and/or abuse
prescription medications. Distributing prescription drugs to another employee that
have not been prescribed for the employee by a physician is also considered a
violation of this Policy. Appropriate disciplinary action will be taken if job
performance deteriorates and/or safety incidents or accidents occur as a result of
such illegal or unauthorized prescription drug use.
4) Employees are responsible for reporting to their supervisor any action by another
employee which demonstrates an unusual pattern of behavior which may be the
Page 10-16
result of an impairment due to the use of drugs, controlled substances, alcohol, or
other intoxicants.
5) The City considers drug addiction and alcoholism to be treatable diseases.
Employees are encouraged to seek treatment voluntarily and to utilize the City -
provided EAP before an alcohol or drug abuse problem affects their job
performance or employment status and before they are asked to submit to a drug
and alcohol test. All alcohol or drug inpatient and outpatient treatment programs
paid through the City's health care plan should be accessed through the EAP. The
City will accommodate employees who voluntarily seek treatment for a drug or
alcohol addiction before they are requested to submit to a drug and alcohol test
and/or are otherwise the subject of an investigation and/or disciplinary action for
a potential violation of this or any other policy or other performance issue(s).
Assistance will be provided on a confidential basis. Employees are encouraged to
"self report," and their job status with the City will not be jeopardized as a result
of such report; provided, that the report is made prior to the City requesting a drug
and alcohol test from the employee or otherwise initiating an investigation and/or
disciplinary action into suspected policy violations or related performance issues.
Any employee who self -reports under these guidelines will be given a sufficient
opportunity to seek evaluation, education and/or treatment to establish control
over the employee's substance abuse problem. However, self -reporting
employees will not be permitted to perform safety -sensitive functions until the
City is satisfied that the employee has been evaluated and has successfully
completed education or treatment requirements recommended by an SAP or other
drug and alcohol abuse evaluation expert. Prior to allowing an employee to return
to safety -sensitive functions, the City shall require a return -to -duty test.
6) Employees are specifically notified that the passage of Initiative 502, which
amends Washington state law effective December 6, 2012, to decriminalize the
possession and private use of a limited amount of marijuana by persons over the
age of 21, shall have no effect or impact upon this policy. Pursuant to the
Controlled Substances Act of 1970, 21 U.S.C. § 801 et seq., "marijuana" remains
a "Schedule I" controlled substance, and its possession and/or use is illegal under
federal law. Employees should recognize and understand that the "legalization"
of marijuana under state law (for both medical and recreational purposes) will not
excuse or otherwise constitute a "defense" to a positive drug test administered by
the City in accordance with this policy. A positive test for marijuana may
constitute a violation of this policy and shall be grounds for disciplinary action,
up to and including termination.
7) Confidentiality. Records relating to substance testing shall be maintained in the
respective employee's separate and confidential medical file unless otherwise
required by law or disciplinary process. Access to this information shall be
restricted to appropriate City personnel with a legitimate business reason to need
access to the information and as otherwise required by law.
Page 10-17
8) City employees who are assigned primary on -call duty are expected to
immediately respond to a City on -call request and perform City business.
Assigned primary on -call personnel may not report for duty and conduct City
business when their performance may be impaired due to alcohol or drug use.
Accordingly, assigned primary on -call personnel must refrain from using alcohol
or drugs while on -call.
10.16 Professional Attire Policy
The City requires its employees to dress appropriately and professionally at all times
for their particular position. To maintain the professional image of the City, it is imperative
that all City employees present a neat, groomed, and clean appearance.
Under no circumstance may employees wear halter tops, strapless tops, spaghetti
straps, cropped tops, tee shirts with offensive wording on them, clothing that reveals
undergarments, torn clothing, or clothing with holes in it. Provocative clothing is
prohibited. All clothing must be clean, neat, and fit properly.
The City reserves the right to determine appropriate dress at all times and in all
circumstances and may send employees home to change clothes should it be determined, in
the City's discretion, that the employee's dress is not appropriate. The employee may be
required to use their own accrued leave time, if available, or use unpaid time for these
circumstances.
Page 10-18
Chapter 11
Improper Governmental Action Policy
11.1 Reporting Improper Governmental Action
11.1 Reporting Improper Governmental Action
In compliance with the Local Government Whistleblower Protection Act, Ch. 42.41
RCW, this Policy is created to encourage employees to disclose, in good faith, any
improper governmental action taken by City employees or elected officials without
fear of retaliation. This Policy also safeguards legitimate employer interests by
encouraging complaints to be made first to the City, with a process provided for
timely resolution.
A. Key Definitions for this Policy
1. "Improper Governmental Action" means any action by a City employee
or elected official that is:
• Undertaken in the performance of the elected official's or
employee's official duties, whether or not the action is within the
scope of the employee's employment; and
• In violation of any federal, state or local law or rule, is an abuse
of authority, is of substantial and specific danger to the public
health or safety, or is a gross waste of public funds.
"Improper Governmental Action" does not include personnel actions,
including but not limited to employee grievances, complaints,
appointments, promotions, transfers, assignments, reassignments,
reinstatements, restorations, reemployments, performance evaluations,
reductions in pay, dismissals, suspensions, demotions, violations of the
local government collective bargaining and Civil Service laws, alleged
labor agreement violations, reprimands, or any action that may be taken
under Chapters 41.08, 41.12, 41.14, 41.56, 41.59, or 53.18 RCW or RCW
54.04.170 and 54.04.180. In addition, nothing in this Policy authorizes
employees to disclose information prohibited by law.
2. "Retaliatory Action" means:
• any adverse change in a local government employee's
employment status, or the terms and conditions of employment
including denial of adequate staff to perform duties, frequent staff
changes, frequent and undesirable office changes, refusal to
assign meaningful work, unwarranted and unsubstantiated letters
of reprimand or unsatisfactory performance evaluations,
demotion, transfer, reassignment, reduction in pay, denial of
promotion, suspension, dismissal, or any other disciplinary
Page 11-1
action; or
hostile actions by another employee towards a City employee that
were encouraged by a supervisor or senior management official.
3. "Emergency" means a circumstance that if not immediately changed may
cause damage to persons or property.
An employee who becomes aware of an improper governmental action must submit
a written report to their respective Department Director, stating in detail the basis for their
belief that an improper governmental action has occurred. Where the employee reasonably
believes the improper governmental action involves the employee's Department Director,
the employee must submit the foregoing written report to the Mayor or the Human Resources
Director. The employee must submit the written report as soon as the employee becomes
aware of the alleged improper action but no later than 30 days from the date of the action in
question.
In the case of an emergency where the employee believes there is substantial and
specific danger to the public health or safety if action is not taken immediately, the employee
may report the alleged improper governmental action directly to an appropriate government
agency with responsibility for investigating the improper action (please see the list at the end
of this Policy). In the absence of an emergency, employees must report the alleged improper
governmental action as set forth in this Policy.
Any employee reporting an alleged improper governmental action who fails to make
a good -faith effort to follow the procedures set forth in this Policy shall not receive the
protections provided by the City pursuant to state law. In addition, an employee who
knowingly furnishes false information will be subject to appropriate disciplinary action, up
to and including termination of employment.
Responsibilities
The Mayor (or Mayor's designee) is responsible for implementing the City's policies and
procedures for: (a) reporting improper governmental action and (b) protecting employees
against retaliatory actions. This includes ensuring that:
This policy and corresponding procedure, or a summary of it, is permanently
posted in a place where all employees will have reasonable access to it;
2. This policy and corresponding procedure will be made available to any employee
upon request; and
3. This policy and corresponding procedure (along with this entire Personnel
Policies and Operating Procedures Manual) will be provided to all new hires.
In addition, City management, Officials, and supervisors are responsible for ensuring
that the procedures relating to this policy and corresponding procedure are fully
implemented within their respective areas of responsibility.
Page 11-2
Violations of this Policy and corresponding procedures will result in appropriate
disciplinary action, up to and including termination.
See Operating Procedure #390 for the procedure related to reporting improper
governmental action.
Page 11-3
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Chapter 12
Other Employment Practices and Policies
12.1 Open Communications Policy
12.2 Reductions in Force
12.3 Rehire Policy
12.4 Furlough
12.5 Information Technology After Hours Work
12.6 Clothing with City Logo
12.7 Work Boot Allowance
12.1 Open Communications Policy
The City believes open and respectful communication promotes positive employee
relations and a positive working environment. Accordingly, the City encourages its
employees to share their concerns, seek information, provide input, and resolve -work
related issues by discussing these issues with their supervisor and/or the Human Resources
Office. While it may not be possible to achieve the result an employee wants, the
supervisor and/or the Human Resources Office will endeavor to actively listen to the
employee and their concerns and provide constructive feedback to the extent possible.
Please note that if an employee has a concern about discrimination, harassment, or
improper governmental action, the City has set up special procedures to report and address
these issues. These reporting procedures are previously set forth in detail in this Personnel
Policies Manual in Chapters 2 and 11 respectively.
12.2 Reductions in Force
The City of Port Orchard may lay
restrictions, restructuring, organizational
appropriate by the City in its discretion.
off employees for lack of work, budgetary
changes, or other reasons as determined
Temporary employees or employees who have not completed their introductory
period will usually be laid off before regular employees are affected. In determining who
is to be laid off, consideration will be given to individual performance and the
qualifications required for remaining jobs. However, reductions in force shall be
accomplished as deemed appropriate by the City in its discretion unless other process is
required by applicable law or a collective bargaining agreement or other contract.
Nothing in this Policy shall be construed as the promise of specific treatment in specific
circumstances or as altering the at -will status of City employees.
Page 12-1
12.3 Rehire Policy
Any employee who voluntarily terminates their employment with the City shall not
be eligible for rehire for a period of one year unless the employee is rehired at the request
of the City or as otherwise required by law.
12.4 Furlough
Due to the economic impact of unforeseeable events such as COVID-19
(coronavirus), the City may need to implement a mandatory furlough for certain positions.
This policy provides general guidelines for identifying the impacted positions and the effect
of a furlough on compensation and benefits.
A. Key Definitions for this Policy
1. Furlough day — Any full or partial work day in which a furloughed employee
is placed in a temporary status without duties and without pay due to a
financial emergency necessitating budget reductions.
2. Furloughed employee — Any employee who is placed in a temporary status
without duties and without pay due to a financial emergency necessitating
budget reductions.
3. Exempt employee — An employee who is paid on a salaried basis and meets
one of the overtime exemptions.
4. Non-exempt employee — An employee who is entitled to overtime.
B. Applicability
1. Furlough eligible positions. The City may subject certain positions to a
mandatory furlough based upon the needs of the City. Furloughs for full-time
employees may be in full workweek or partial workweek increments. Part-
time employees will observe the mandatory furlough time on a prorated basis
according to their Full Time Equivalent (FTE) status.
2. Length of furlough. The City retains the discretion to implement City-wide
furloughs for a defined period of time for identified positions. Alternatively,
the City may allow departments to retain the flexibility of determining when
employees will be furloughed. This includes implementing a different
mandatory furlough schedule for the entire department or staggering delayed
mandatory furlough days for furlough -eligible employees. Each department
is responsible for establishing methods to ensure furlough days are observed
by each furlough -eligible employee.
C. Pay Considerations
1. Mandatory furloughs are leave without pay. The terms and conditions
describing overtime and compensatory time contained in the applicable City
policies and/or collective bargaining agreements will continue to apply for
time worked. Mandatory furloughs will not count as hours worked toward the
overtime threshold.
Page 12-2
2. Overtime is not permitted for the purpose of making up mandatory furlough
time. Making up mandatory furlough days does not achieve the financial
savings expected with the implementation of this initiative.
3. Employees may not substitute paid leave for mandatory furlough days.
However, sick leave that is being used for absences related to a Worker's
Compensation injury where the employee is still unable to return to work in a
modified duty position will be provided by the City as paid leave for
mandatory furlough days, but the employee may be required to observe
alternate mandatory furlough day(s) upon return to service.
4. In those cases where an emergency call -out occurs on a mandatory furlough
day or during a mandatory furlough week, employees may be called back to
work. Such employees are compensated in accordance with the applicable
City policies and/or collective bargaining agreements. They may be required
to be furloughed at a later pre -determined date.
5. Employees who are on call or stand-by will be compensated in accordance
with the applicable City policies and/or collective bargaining agreements if
they are called back to work on the day of a mandatory furlough.
D. Benefit Considerations
1. Anniversary date. An employee's anniversary date will not be changed due to
mandatory furlough days.
2. Leave accruals. Leave accruals for an employee on an unpaid mandatory
furlough will be pro -rated.
3. Insurance benefits. Insurance benefits will be unaffected, when permitted by
the insurance broker or carrier, by the mandatory furloughs. The City will
continue to pay its portion of the premiums regardless of the furlough.
E. Recordkeeping and Payroll Considerations
1. Payroll will provide instructions to employees for reporting mandatory furlough
days on timesheets.
2. For full workweek furloughs. All employees, including FLSA-exempt
employees, who are furloughed, are strictly prohibited from working during a
furlough. This includes, but is not limited to, checking email, returning telephone
calls and performing any work while on furlough.
3. For partial workweek furloughs. All non-exempt employees who are furloughed
for a partial workweek are strictly prohibited from working during a furlough.
Exempt personnel must
a. use their accrued leave during any partial workweek furlough for days in
which they are furloughed, or
b. be converted to non-exempt during the week in which the furlough occurs.
Such employees will be required to track their hours consistent with the
requirements of non-exempt employees. During the period when FLSA-
exempt employees are converted to non-exempt, they must comply with
all recording keeping and wage and hour rules applicable to non-exempt
employee (e.g., rest periods and meal periods, leave requests, pre -
approval for overtime).
Page 12-3
12.5 Information Technology After Hours Work
In the event that a non -represented, non-exempt information technology (IT)
employee is required to return to the office due to an emergency or unforeseen
circumstance impacting the proper function of IT hardware or software, such employee
shall be eligible for overtime pay with a minimum of two hours call-back time, subject to
supervisory approval. This shall apply when the employee has already departed the
workplace at the end of their regularly scheduled shift, when the employee is required to
report to work more than two hours before the beginning of their regularly scheduled shift,
and on non -working days such as holidays or weekends. The foregoing shall not apply if
the employee is telecommuting and is required to report to work as part of their regular
hours. The two-hour minimum does not apply when the employee is able to log in remotely
and solve the problem. This paragraph does not apply to any IT employees who are exempt
from overtime.
12.6 Clothing with City Logo
The City will purchase for each non -temporary, non -represented employee
branded/logo clothing to promote the City and to readily identify City employees at work
and public events. Clothing is limited to one item per calendar year for office staff, two
items per calendar year for field staff and three items per calendar year for parking
enforcement staff. Department Directors shall be responsible for ordering the items and
must have budgeted funds available for the purchase of the clothing. Employees may wear
the branded items of clothing while representing the City. Employees should also
understand that their conduct while wearing branded clothing reflects upon the City,
regardless of whether the employee is on duty; employees are therefore expected to conduct
themselves in a professional and respectful manner while wearing City -branded clothing.
Branded items that are faded, frayed, or otherwise in poor condition, at the discretion of the
Department Director, must be destroyed. Upon separation from employment, branded
clothing items must be returned, destroyed or otherwise treated in a manner that prevents
the clothing from being worn in public. Nothing in this policy restricts the City from
purchasing additional clothing for the work -related safety or personal protection items for
an employee, including but not limited to, reflective clothing, raincoats, rubber boots,
coveralls, etc. for an employee. Individual departments shall develop a process and budget
for the purchase of work -related safety or personal protective items, which shall be
consistent with applicable federal and state laws and regulations and any applicable
collective bargaining agreement, and shall be approved by the Mayor or designee.
12.7 Work Boot Allowance
Upon the request of the Department Director, the Mayor may authorize certain non -
represented employees to receive a boot allowance of $175 per calendar year. Employees
eligible for a boot allowance are those whose job duties require construction, inspection or
enforcement work in the field requiring specialized footwear such as steel toed shoesiboots.
Department Directors are responsible for budgeting for the allowance. If approved, an
Page 12-4
allowance of $175 will be paid in January of each year. New employees, and current
employees who have not yet received an allowance in 2023, will receive a pro -rated portion
of the allowance based on the number of working months remaining in the calendar year.
The Deputy Police Chief will be eligible to receive a boot allowance under the same terms
and conditions as those outlined in the collective bargaining agreement between the City
and the represented Sergeant employees.
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Page 12-6
Chapter 13
Employee Recognition and Wellness
13.1 Employee Wellness
13.2 Employee Recognition Program
13.1 Employee Wellness
The City, through its Employee Wellness Committee, may sponsor programs or
circulate information designed to develop, promote, and implement those programs and
activities that improve the health and wellbeing of City employees, contribute to a healthy
work environment and provide employees with information to make informed decisions
about health and lifestyle.
The Wellness Program is administered through the Human Resources Office and
has its own budget. A voluntary employee Wellness Committee assists with the planning,
oversight, management, promotion and execution of the program activities. Each
Department Director is requested to select a respective Department representative who
will serve as a member of the Committee. Representatives will be encouraged to rotate
participation among other interested Departmental personnel in order to promote full
participation in the program and to provide different perspectives to the Committee.
Committee members are granted time within their workday to carry out any approved
wellness event. All employees and family members may participate in Wellness
Committee events within their workday. Any participation in the programs and activities
is on a voluntary basis.
13.2 Employee Recognition Program
The City recognizes employee contributions to the work environment, service to
the public, or jobs beyond that expected of the employee in their typical job performance.
All employees are eligible for the Employee of the Quarter recognition program. Each
Department Director will advise employees of eligibility requirements and will accept
nominations from their co-workers. A Department Director may also nominate someone
for extraordinary service or dedication. The Mayor will present the award quarterly to the
employee voted on by the Department Directors. The award itself consists of a certificate
that will be placed in the employee's file and their name and picture placed on a City plaque
for display. It will be up to the discretion of each Department Director to plan or present
additional recognitions for their employees at no cost to the City.
Page 13-1
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Page 13-2
Chapter 14
Social Media Policy
14.1
Purpose
14.2
Definitions
14.3
Responsibilities
14.4
Policy and Procedure
14.1 Purpose
This policy is to provide guidelines and define individual and departmental
responsibilities for the use of social media, such as Facebook and/or Twitter.
The purpose of social media is to inform as many citizens of City business in an
effective and efficient manner. This will build a stronger community, by providing
citizens a better understanding of their government.
14.2 Definitions
Blog: A self -published diary or commentary on a particular topic that may allow
visitors to post responses, redactions, or comments.
Content: Any text, metadata, QR codes, digital recordings, videos, graphics,
photos, and links on approved sites.
Employee: Elected officials and personnel appointed to a position (regular,
temporary, or volunteer) of service with the City.
Employer: The City of Port Orchard
Page: The specific portion of a social media website where content is displayed,
and managed by an individual or individuals with administrator rights.
Post: Content that an individual shares on a social media site or the act of
publishing content on a site.
Profile: Information that a user provides about themself on a social networking
site.
Public Record: Any writing containing information relating to the conduct of
government or the performance of any governmental or proprietary function
prepared, owned, used, or retained by any state or local agency regardless of
physical form or characteristics (RCW 42.56.010(2)).
Social Media Coordinator: A City of Port Orchard employee who has been
designated to oversee the City's social media program.
Social Media Representative: A City of Port Orchard employee who has been
trained in the Social Media Policy and who has been designated to establish
and/or maintain a social media account on behalf of their department. A
representative must be identified before the City department can use social
media.
Social Media / Web 2.0: Internet -based technology communication tools with
a focus on immediacy, interactivity, user participation and information sharing.
Examples include, but are not limited to: forums; weblogs; wikis; social
networking, communication, and bookmarking sites; podcasts; photo or video
sharing sites; and real-time web communication sites/systems.
Page 14-1
14.3 Responsibilities
It is the responsibility of the Social Media Coordinator to train the Social Media
Representatives, determine the content provided on the social media sites is subject to
records retention requirements, assign and maintain a list of logins and passwords, and
to oversee the City's social media program generally in order to ensure the City's social
media activities adhere to the guidelines set forth herein.
It is the responsibility of Social Media Representatives to read and adhere to
relevant policies, to maintain archival data, maintain current accurate information via
City social media platforms, and to ensure that the City is being appropriately
represented. (see City's Personnel Policies Manual Chapter 10.1)
It is the responsibility of Department Directors or designees to enforce this
policy, to ensure that relevant City standards are met, and to ensure that the use of social
media platforms meets the City's business needs. It is also the responsibility of
Department Directors or designees to review and make decisions regarding the approval
and distribution of information on social media platforms.
It is the responsibility of the Information Technology Manager or designee, to
grant access to technology resources to appropriate staff.
It is the responsibility of Human Resources to integrate the policy into new
employee training, orientation, and ongoing training of City work rules and policies.
14.4 Policy and Procedure
Social media platforms must comply with applicable federal, state, and city laws,
regulations and policies. This includes adherence to established laws and policies
regarding copyright, public records, records retention, First Amendment rights, privacy
and security laws, and conduct policies established by the City of Port Orchard.
The best, most appropriate uses of social media platforms for the City of Port Orchard
fall into two general categories: as channels for disseminating time -sensitive
information as quickly as possible (i.e., emergency information); and as marketing or
promotional channels which increase the City's ability to deliver its messages to the
widest possible audience.
See Operating Procedure #101 for additional procedures related to social media.
Page 14-2
CITY OF PORT ORCHARD
OPERATING PROCEDURES MANUAL
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Table of Contents
Most Recent
Adoption
Revision
#
Title
Reference
See Also
Date
Date
Page
100
Communications and Engagement
Resolution Nos.
Personnel
101
Social Media Procedure
9/10/2013
7/12/2016
3
003-13, 061-16
Policy 14
200
RESERVED
300
1 Employment Related Procedures
Reporting Harassment
Personnel
310
or Discrimination
Policy 2.3
9/27/1999
1/5/2021
13
Telecommuting
Personnel
320
Application
Policy 4.8
9/9/2020
6/4/2021
15
Drug and Alcohol
Personnel
Testing for
Resolution 064-
330
policy
3/25/1996
2/7/2024
19
FMCSA/DOT regulated
22
10.15
employees
350
Light Duty Procedures
Resolution 019-
Personnel
7/22/2014
1/5/2021
37
14
Policy 7.3
370
HRA VEBA Voting
Personnel
2018
1/l/2022
41
Procedures
Policy 7.4
Leave Sharing
Personnel
380
Procedure
Policy 8.2
9/27/1999
1/l/2022
43
Procedure for Reporting
390
Improper Governmental
Personnel
9/27/1999
1/5/2021
45
Policy 11.1
Action
400
RESERVED
500
Financial Procedures
Procurement PolicyResolution
No.
4/11/2017
4/12/2022
51
036-22
600
Public Records Procedures
Records Management
Resolution No.
Personnel
601
2/22/2022
2/22/2022
77
"scan and toss"
026-22
Policy 9.10
Public Records Request
Resolution 051-
Personnel
610
11/12/2014
10/11/2022
83
Procedures and Policies
17, 102-22
Policy 9.9
Employee Information
Resolution 091-
620
Exemption from Public
9/12/2023
9/12/2023
95
Records
23
700
RESERVED
800
RESERVED
900
RESERVED
Operating Procedures Manual Started February 8, 2022
Revision Dates
2/23/2022
7/25/2022
10/ 13/2022
01 /01 /2023
07/13/2023
09/ 14/2023
02/07/2024
100 Series
Communications and
Engagement
Operating Procedure Manual Page 1
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Blank
Operating Procedure Manual Page 2
Operating Procedure 101: Social Media Procedure
See also Personnel Policy 14
14.4.1 Designation of Social Media Coordinator and Social Media Representatives
The Public Records Officer is hereby designated as the Social Media Coordinator for the
City. As such, the Public Records Officer is responsible for coordinating the activities of
Social Media Representatives and overseeing the social media program generally pursuant
to Section 3.0 above.
Each Department Director will designate at least one Social Media Representative for the
department, who is responsible for providing and updating content and information posted
on the social media site(s) pursuant to Section 3.0 above.
14.4.2 Request for Creation of Social Media Site
All requests for official City of Port Orchard social media sites are subject to review and
approval by the Mayor. To request a new social media site, a Social Media Approval form
(Appendix C) must be submitted to the Mayor.
14.4.3 Terms of Service
Typically, a Terms of Service JOS) agreement is associated with the use of third -party
social media tools. Each social media site usually requires users to accept a TOS agreement
specific to that site.
a. In order to avoid violations, the Social Media Coordinator in conjunction with the
City Attorney, will review the most current TOS prior to implementing any new
social media site.
b. The Social Media Coordinator in conjunction with the City Attorney will review
significant amendments made to the TOS for any sites currently used by the City,
to determine whether these amendments contradict City policy.
c. If the TOS appears to contradict City policy, the Social Media Coordinator will
notify the Mayor, who will determine whether the use of such social media site is
appropriate.
14.4.4 Access, User Names, and Passwords
Requests for social media sites or account changes (including, but not limited to adding or
removing a social media sites, creating new user accounts, and changing permissions) must
be submitted using the Social Media Approval form (Appendix Q.
a. Each Social Media Representative authorized to access and update a social media
site must have a unique user account. Multiple Social Media Representatives will
not share a generic login, and Social Media Representatives may not share their
login or passwords with other staff members, volunteers, or others who update
the social media site. Upon separation of the Social Media Representative, the
Social Medial Coordinator will be responsible for changing the login and
password.
b. Each social media user account will be set up in conjunction with an official City
e-mail account for the purposes of privacy, security, and records retention.
Operating Procedure Manual Page 3
c. The Social Media Coordinator will maintain a list of all City social media sites,
logins, and passwords. As needed, the Social Media Coordinator may create
administrative user accounts to enable the City to change account settings and to
immediately add, edit, or remove content from social media sites. (see City's
Personnel Policies Manual Chapter 9.3 (C))
14.4.5 Site Maintenance, Format and Content
14.4.5.01 Official Website
The City of Port Orchard's official website (portorchardwa.gov) will remain the
City's primary and predominant internet presence.
14.4.5.02 Language
Content provided by the City on social media sites should avoid the use of
abbreviations, jargon, acronyms, or slang iterations. Although social media sites are
often more casual than other communication tools, they still represent the City and
should maintain a professional image (see Personnel Policies Manual Chapter
9.3(B)).
14.4.5.03 Site Standards & Templates
For consistency and ease of use, the City's social media sites will use approved
names, official titles, and the official City logo in the header/main page whenever
possible.
14.4.5.04 Equal Access
Social Media sites requiring membership or subscription to view content should be
avoided. Security settings should be as open as possible to allow the public to view
content without requiring membership or login. When posting information on a social
media site that requires membership or subscription, the City will provide an alternate
source for the information so those who are not members may have equal access.
14.4.5.05 Updates and Maintenance
A social media platform, like any communication resource, must be updated regularly
to ensure the information provided is current, accurate, and useful. Social Media
Representatives are responsible for maintaining social media sites by viewing and
updating them as necessary and appropriate. As a general rule of thumb, social media
site content should be updated at least once per week.
14.4.5.06 Commenting and Discussions
Commenting and/or discussion boards are prohibited, unless approved by the City
Council.
14.4.5.07 Disclaimers
Users of the City's social media sites shall be notified that the intended purpose of
the site is to serve as a mechanism for communication between City departments and
members of the public.
Operating Procedure Manual Page 4
a. All social media sites must include a general disclaimer regarding public
records and external links. (see Appendix A)
14.4.6 Appropriate Use
All City of Port Orchard presences on social media platforms are considered an extension of
the City's Personnel Policies Manual.
Approved Social Media Representatives are permitted to access and maintain approved City
social media accounts during regular work hours and/or using City equipment.
Employees representing the City via social media platforms must conduct themselves at all
times as representatives of the City of Port Orchard. Employees who fail to conduct
themselves in an appropriate manner are subject to the disciplinary procedures outlined in
applicable City's Personnel Policies Manual Chapter 9.4).
a. When posting information on the City's or another agency's social media site, the
Social Media Representative must identify themselves by full name, title, agency,
and contact information, and shall address issues only within the scope of their
specific authorization.
b. All content posted by the Social Media Representative on the City's social media
sites should be true and not misleading and all claims should be substantiated. In
the event inaccurate information is posted on the City's social media sites it
should be removed as soon as discovered and a public correction should be made.
c. If employees exchange information on the City's or another agency's social
media site, but are not authorized to speak on behalf of the City, they must clarify
that they are presenting information on their own behalf and that they do not
represent the position of the City.
14.4.7 Public Records Act Compliance
Any public records created through the use of social media platforms are subject to State and
Local public records laws and records retention requirements. (see Disclaimers, Appendix
A)
Each City -sponsored social media site must clearly indicate that any articles or other content
posted or submitted for posting are subject to public disclosure laws.
An original record is created when unique information related to City businesses is posted
on social media sites, which are not provided via the City's official website or in another
format, and are, therefore, subject to the Public Records Act and records retention
requirements. Examples of original records that may be created through use of social media
sites include, but are not limited to:
a. Account information (user names, passwords, etc.);
b. Listings of social media site `friends,' `followers,' `fans,' etc.;
c. Information posted to social media sites that was not first provided via the City's
official website, press release, or other format.
All social media content with public records value must be maintained for the minimum
Operating Procedure Manual Page 5
required retention period in an easily accessible format that preserves the integrity of the
original record to the extent possible. The Social Media Representative should refer to the
most recent versions of the Washington State approved Records Retention Schedules for
applicable records retention requirements. In general, the majority of content provided by the
City on social media sites must be retained for at least two years (see Appendix B). Various
methods may be employed to retain public records created on social media sites. Options
include:
a. Archiving Software/Service: The City may use software or service designed to
capture content from social media sites for retention and retrieval;
b. E-mail: Updates, comments and account change notifications are sent to a City
email account created for this purpose and retained as described in this section;
c. Website Capture: Web capture tools may be used to capture snapshots of City's
social media sites in their native format, such as the Washington State Digital
Archives website capturing program; or
d. PDF Format: Staff may convert social media pages to PDF format, and the PDF
files saved for retention purposes. This option retains the content and formatting
(look and feel) of the original web page.
14.4.8 Privacy and Security
See the City's Personnel Policies Manual Chapter 9.3 (c) for information related to privacy.
Employees should not include personally identifiable information about themselves or
others, such as Social Security Numbers, personal phone numbers, email addresses, or home
address via official City social media sites. As a security measure, Social Media
Representatives shall not use the same password used in their personal accounts as the City's
password.
Employees may not post any content involving or related to any of the following:
a. Items that are involved in litigation or that could be involved in future litigation;
b. Violates copyright license agreements;
c. Promotes or advertises any political campaign or ballot measure;
d. Can be used for or to promote any illegal activity;
e. Promotes or solicits for an outside organization or group unless authorized by the
Mayor;
f. Defamatory, libelous, combative, offensive, disparaging, demeaning, or
threatening materials related to any person or group; or
g. Personal, private, sensitive or confidential information of any kind.
Operating Procedure Manual Page 6
Appendix A: Disclaimers
General Disclaimer: For use on all social media sites/platforms.
Disclaimers: All comments or other content posted to this site may be considered public records
and be subject to public disclosure under the Washington State Public Records Act (RCW
42.56). When you select a link to an outside website, you are leaving the City of Port Orchard
and are subject to the privacy and security policies of the owners/sponsors of that site. The City
is not responsible for transmissions users receive from external websites. Reference to any
specific commercial products, processes or services, or the use of any trade, firm or corporation
name does not constitute endorsement or recommendation by the City of Port Orchard or its
employees.
SOCIAL MEDIA POLICY
APPENDIX B: Records Retention Requirements
Excerpted from Local Government Common Records Retention Schedule (CORE) Version 3.0
(Nov 2012). Refer to the most recent version of the approved Records Retention Schedules for
retention requirements.
Description of Records
Disposition
Authority
Number
Retention and
Disposition
Action
Designation
Secondary (Duplicate) Copies
GS50-02-
Retain until no
Non -
Copies of records (created or received),
04 Rev. 1
longer needed
archival
provided that the agency retains the
for agency
Non -
primary record in accordance with the
business then
essential
current approved minimum retention
Destroy.
OFM
period.
Includes, but is not limited to, data extracts
and printouts from agency electronic
information systems, provided that the:
• Records within the database are
retained for their minimum retention
period; and,
• Data extracts/printouts are NOT
required to substantiate "point -in -
time" evidence of business
transactions.
Operating Procedure Manual Page 7
Disposition
Retention and
Authority
Disposition
Description of Records
Number
Action
Designation
Online Content Management
GS2010-
Retain for 1
Non -archival
Records documenting the publishing of
007
year after
Non -essential
the agency's online (internet and intranet)
Rev. 0
online content
OFM
content.
removed
Includes, but is not limited to:
then
• Requests/approvals to
Destroy.
upload/update/remove content;
• Confirmation of content
upload/update/removal;
• Point -in -time record of webpage/site
(screenshot, snapshot, site map).
Note: All published content consists of
individual records which have their own
separate retention requirements. Each of
these records must be retained for the
current approved minimum retention
period(s) according to their applicable
records series.
Communications —
GS50-01-
Retain for 2
ARCHIVAL
Governing/Executive/Advisory
12
years after
(Appraisal
Internal and external communications to,
Rev. 3
communicatio
Required)
from, and/or on behalf of the agency's
n received or
NON -
governing bodies, elected
provided,
ESSENTIAL
official(s)/executive management, and
whichever is
OFM
advisory bodies, that are made or received
later
in connection with the transaction of
then
public business, and that are not covered
Transfer to
by a more specific records series.
Washington
State Archives
Includes all communication types,
for appraisal
regardless of format:
and selective
Correspondence, email;
retention.
Web sites/forms/pages, social networking
posts and comments, etc.
Communications — Non Executive
GS2010-
Retain for 2
NON -
Internal and external communications to
001 Rev. 3
years after
ARCHIVAL
or from employees (includes contractors
communicatio
NON -
and volunteers), that are made or received
n received or
ESSENTIAL
in connection with the transaction of
provided,
OFM
public business, and that are not covered
whichever is
by a more specific records series.
later
then
Destroy.
Operating Procedure Manual Page 8
Request:
SOCIAL MEDIA POLICY
APPENDIX C: Social Media Approval Form
SOCIAL MEDIA APPROVAL FORM
❑ Request for NEW social media site/page
❑ Change to existing social media site/page
❑ Update Social Media Representative(s)
(New user account, update to user account)
Site Name:
Site URL:
No commenting or discussion boards allowed
Social Media Representative(s) (Staff authorized to update and maintain the site.)
Social Media Representative Acknowledgement
I acknowledge that I have received, read, and understand the City's Social Media Policy. I agree to comply w
this policy and understand that failure to do so could result in disciplinary action, up to and including terminate
I further understand that if I have questions regarding this policy, I should discuss those questions with
supervisor, department director, or the Human Resources Office.
Staff Name Signature User Name/Login Password
1.
2.
3.
Department Director/Supervisor Approval
I authorize the staff member(s) listed above to act as Social Media Representative(s) for the site listed above. I
addition, please consider the following requests for special permissions or account settings:
Printed Name Signature Date
Submit completed form to the Social Media Coordinator for review by the Mayor.
Mayoral Approval
Date Request Received
Comments
Date Reviewed Approved ❑ Yes ❑ No
ith
in.
ny
Operating Procedure Manual Page 9
FOR NEW SITES ONLY:
Mayor or Designee Approval: I authorize the creation of the social media site listed above, to be
maintained by the designated Social Media Representative(s).
Printed Name Signature Date
New Site Prelaunch Checklist:
❑ Terms of Service (site agreement) reviewed by Social Media Coordinator and City Attorney.
❑ General Disclaimer
❑ Link to the social media site placed on the official City website, and vice versa.
❑ New site and/or user information provided to Social Media Coordinator.
Operating Procedure Manual Page 10
300 Series
Employment Related
Procedures
Operating Procedure Manual Page 11
This Page
Intentionally Left
Blank
Operating Procedure Manual Page 12
310 Reporting Harassment or Discrimination
See also Personnel Policy 2.3
Overview
If at any time you believe you are being subject to harassment or discrimination, if you
become aware of such conduct being directed at someone else, or if you believe another
employee has received more favorable treatment because of harassment or discrimination, you
must promptly notify your Department Director or the Human Resources Director in writing
as set forth below in this Policy. This applies to harassment or discrimination caused by anyone
with whom an employee comes into contact as part of the employee's job.
In addition, Department Directors, managers and supervisors are required to act
promptly to eliminate any workplace discrimination or harassment about which they know or
should know. This results in the requirement that all Department Directors, managers and
supervisors: immediately report any such incidents to their supervisor and the Human
Resources Director; take any appropriate and immediate action necessary to address the
situation while the matter is being investigated; assist the City to the extent necessary in any
investigation of the incident; and work with their immediate supervisor and the Human
Resources Director to implement any necessary disciplinary and/or other actions to remedy
the situation after the conclusion of the investigation. Department Directors, managers and
supervisors who fail to comply with these obligations or the other terms of this Policy shall be
subject to appropriate disciplinary action, up to and including termination of employment.
Complaint Procedure and Guidelines
To effectuate this Policy, all reported incidents shall be processed as expeditiously as
possible under the following guidelines:
A. Any person who feels that they (or someone else) have been subject to harassment,
discrimination, or retaliation shall initiate the complaint process by filing a written
and signed complaint with their Department Director or the Human Resources
Director. The Department Director shall forward any such complaint to the Human
Resources Director. The Mayor (or Mayor's designee) may also be notified of the
complaint. The City shall review the complaint and initiate an investigation if
appropriate. The City may also initiate an investigation on its own behalf at any time
it determines it is appropriate to do so.
B. During an investigation, the City will take any appropriate interim measures it
deems necessary to address the situation which are consistent with applicable law.
C. All complaints will be kept confidential to the fullest extent possible. This means
they will be disclosed only as the City deems necessary to allow it to conduct a
thorough investigation and respond to the complaint, to management, and as may
be required by law. Due to these factors, the City cannot promise complete
Operating Procedure Manual Page 13
anonymity or confidentiality to the employee filing the complaint. In addition, the
City may be legally required to take formal action in some circumstances.
D. Anyone who the City concludes has violated its Anti -Harassment and Anti -
Discrimination Policy is subject to corrective action up to and including immediate
discharge. Corrective action will depend on the circumstances, including the gravity
of the offense. The City will take whatever action it deems necessary to prevent an
offense from being repeated and to address behavior which may not violate this
Policy but is otherwise inappropriate or potentially problematic. Because employee
discipline is a confidential matter, the complaining party may not always know of
the specific action taken in response to the complaint. However, the City will
endeavor to the extent possible to keep the complaining party apprised as to the
status of the investigation and any remedial measures instituted to remedy the
situation.
E. If the disciplinary process has not been effective in stopping the offensive conduct,
the affected employee(s) must promptly notify their Department Director or the
Human Resources Director in writing of the problem so that the need for further
action can be promptly addressed.
F. The City will not permit retaliation against anyone who makes a good faith
complaint or who cooperates in good faith in an investigation. Any person who feels
they have been retaliated against shall promptly report the situation, in writing, to
their Department Director or the Human Resources Director so that the need for
further action can be promptly addressed.
G. The City expects employees to act in good faith when reporting problems under this
Policy. If, however, an employee intentionally files a false report against another
under this Policy, such false reports will result in appropriate disciplinary action, up
to and including termination of employment, against the employee asserting or
participating in the false report.
Operating Procedure Manual Page 14
320 Telecommutin2 Application
See also Personnel Policy 4.8
A. The Telecommuting Application is available from Human Resources and will contain,
at a minimum, the following items:
1) Statement of the business need that necessitates the telecommuting arrangement,
2) Description of how adequate coverage will be provided on -site,
3) Description of the specific work duties and expectation of deliverables that will
be accomplished during the period of telecommuting,
4) Work schedule including days of week, and for non-exempt employees, the
number of hours a day, and starting and ending time each day,
5) Requirement for communication with the IT department, a minimum of two
weeks in advance, to discuss equipment and software licensing needs, and
6) Signature and approval routing for the following individuals: the employee, the
supervisor, the Department Director, the Mayor or designee.
B. The completed, signed, and approved Telecommuting Application will be provided to
Human Resources.
C. The Telecommuting Application will also contain the following Conditions of
Telecommuting to which the participating employee must agree.
1) Duties and Responsibilities. The duties, obligations, and responsibilities of an
employee who telecommutes shall remain the same as the employee's duties,
obligations, and responsibilities prior to telecommuting.
2) Availability. Telecommuters must have access to sufficient internet service (if
required) and be available by telephone, computer, or other electronic
communication during the agreed -upon telecommuter work schedule.
3) City Policies. The City of Port Orchard's personnel policies remain in effect for
telecommuting work schedules, and telecommuters will adhere to them
accordingly, regardless of their work location.
4) Leave. Leave use on a planned telecommute day will be administered under the
same provisions as leave used from the regular work site.
5) Childcare. Telecommuting is not designed to be a replacement for appropriate
childcare or family care. Although a telecommuter's schedule may be modified
to accommodate childcare or family care needs, the focus of the arrangement
must remain on job performance and meeting business demands.
6) Terms of Employment. Salary level and benefits will not change as a result of
an approved Telecommuting Application.
7) Outside Employment. Telecommuter will not conduct unauthorized outside
employment during their agreed -to City telecommuting hours.
8) Visitors. Telecommuter will not have City vendors, contractors, or customers
visit the telecommuter at their alternate work site.
9) Security. Telecommuters will take all precautions necessary to secure
proprietary information at their alternate work site and prevent unauthorized
access to any City information or system from their home.
Operating Procedure Manual Page 15
10) Overtime. For non-exempt employees covered under the Fair Labor Standards
Act, any hours beyond their normal 40-hour weekly work schedule must be
authorized in advance by the employee's direct supervisor.
11) Public Records Laws. Equipment used for government business purposes but
owned by the telecommuter may be subject to the Public Records Act, Chapter
42.56 RCW, and may be inspected as necessary. Any records produced during
telecommuting are also subject to the Washington State Records Retention
Schedule, Chapter 40.14 RCW.
12) Liability. If City equipment is stolen or damaged while at the telecommuter's
alternate work site, the telecommuter or the telecommuter's homeowner's or
renter's insurance will be responsible for the loss. The City is not liable, and the
telecommuter agrees to hold the City harmless, for damage to telecommuter's
real or personal property caused by or arising from an employee's telecommuting
arrangement.
13) Safety. Telecommute attestation that the alternate work site provides a safe and
healthful work environment, including proper ergonomics. The telecommuter
shall act in a responsible manner to avoid injury. The telecommuter understands
that failure to take proper health and safety precautions in the alternate work site
may result in termination of the Telecommuting Work Schedule Agreement
approval.
14) Workplace Injuries. Injuries sustained by the telecommuter while at their
alternate work site and in conjunction with their regular work duties are normally
covered by Workers' Compensation. Telecommuting employees are responsible
for promptly notifying their supervisor and the personnel manager of such
injuries in the same manner as if the injury occurred at a work location on the
City's premises. The City is not liable for any injuries sustained by family
members or other visitors to a telecommuter's alternate work location.
Telecommuters remain liable and will agree to hold the City harmless for injuries
to third parties and/or members of the employees' families on employees'
premises. The City is not liable, and telecommuters will agree to hold the City
harmless, for damage to employees' real or personal property caused by or
arising from an employee's telecommuting arrangement.
15) Home Office. The telecommuter will establish an appropriate work environment
for work purposes. The City will not be responsible for costs associated with
setup or maintenance of the telecommuter's alternate work environment, such as
remodeling, furniture, or lighting, nor for repairs or modifications to the alternate
work environment. Employees will cover all utility costs incurred while
telecommuting, including, but not limited to, any potential long-distance phone
or fax charges.
16) Office Supplies. Office supplies, such as pens, pencils, paper, etc., for use by the
telecommuter only for the performance of City business at their alternate work
site shall be provided by the City.
17) Equipment.
a) If an employee utilizes a laptop at their City worksite, they may transport
it to their alternate work site and utilize that in the performance of their
City -assigned work. A receipt for City property must be completed prior
to the transport of City equipment offsite. If the employee does not have
Operating Procedure Manual Page 16
a laptop, they may be assigned a City -owned laptop for the duration of
their telecommuting, if one is available.
b) There may be times where the needed equipment presents an unbudgeted
or duplicative cost or requires support that the City cannot provide. If the
City cannot provide or support the needed equipment, the telecommuter
may be approved to use their own equipment to perform City business
while telecommuting. However, the use of a personal computer should
be avoided and only as a last resort. If needing to use a personal computer
for telecommuting purposes, the telecommuter must:
i. acquire the prior approval of their Department Director; and
ii. always access and store City files and documents through remote
control of a City workstation via the City's VPN (Virtual Private
Network) or other means; and
iii. never store any City documents on their personal computer; and
iv. contact City I.T. staff for any questions related to appropriate
work methods.
c) If approved to use their personal computer for telecommuting purposes,
the telecommuter is responsible for the purchase, modification, repair and
maintenance of the equipment and software used for telecommuting. The
telecommuter shall only use properly licensed software for City business.
In the event of delay in repair or replacement of equipment used to
complete telecommuting assignments, or any other circumstance under
which it would be impossible for an employee to effectively
telecommute, the employee will return to their City workstation until a
functioning alternate work site is restored.
18 Taxes. Telecommuters agree to be responsible for their own compliance with tax
laws. The City is not responsible for substantiating an employee's claim for tax
deductions for operating a home office. If a telecommuter has questions
concerning whether home office expenses are tax deductible, that telecommuter
should seek advice from their tax consultant.
19 Termination. Acknowledgement that failure to abide by these conditions may
result in immediate termination of the telecommuting arrangement (without the
thirty (30) day notice provided for in the case of routine long-term
telecommuting) and, if warranted, disciplinary action up to and including
termination of employment.
D. Evaluation and Maintenance
1) The telecommuting Work Schedule Agreement must be successfully maintained
between the telecommuter and supervisor through, at a minimum:
a) A bulleted list of weekly major work items to be addressed and submitted
by the telecommuter to the supervisor for approval; and
Operating Procedure Manual Page 17
b) Follow-up weekly emails from the telecommuter to the supervisor listing
accomplishments and/or progress for that week.
2) The above requirements may be altered or expanded upon by the supervisor as
the supervisor deems appropriate to adequately evaluate the telecommuter's
work output or address changing circumstances. Evidence of such weekly reports
may be requested at any time by the Department Director or Mayor.
Operating Procedure Manual Page 18
Operating Procedure 330
See also Personnel Policy 10.1 S
DRUG AND ALCOHOL TESTING POLICY AND
PROCEDURE MANUAL
For use with FMCSA/DOT regulated employees
Section1: Purpose..............................................................................................................Page 1
Section2: Application........................................................................................................Page 1
Section3: Policy................................................................................................................Page 2
Section4: Definitions.........................................................................................................Page 2
Section 5: Prohibited Conduct...........................................................................................Page 5
Section6: Testing...............................................................................................................Page 6
Section 7: Failure to Cooperate.......................................................................................... Page 9
Section 8: Testing Procedures............................................................................................ Page 9
Section9: Confidentiality................................................................................................Page
11
Section 10: Evaluation and Referral................................................................................Page
12
Section 11: Information on Effects and Signs of Alcohol and Controlled Substance Use .....
Page 12
Section 12: Consequences................................................................................................Page
12
Section 13: Voluntary Referral........................................................................................Page
12
Section 14: Prior Driver History and FMCSA Clearinghouse.........................................Page
13
Appendix A: Certificate of Receipt (Employer Copy)
Appendix B: Certificate of Receipt (Employee Copy)
SECTION 1: PURPOSE
The purpose of this policy is to establish Drug and Alcohol Testing Policies and Procedures to
establish compliance with the Federal Highway Administration regulations requiring controlled
substances and alcohol testing for drivers who operate commercial motor vehicles. For the
purpose of this policy, employee will be referred to as "driver" and City of Port Orchard will be
referred to as "Employer." This policy provides guidelines for circumstances under which the
Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of
Transportation (DOT) mandated testing must be conducted. Of course, all the details of every
possible situation cannot be anticipated, so the Employer reserves the right to determine the
appropriate application of this policy and general employment policies to any particular case.
SECTION 2: APPLICATION
Employees covered by this policy have been provided a copy of this policy and by
signature verify that they have read and understand the policy. Drivers should note that in
addition to the required DOT regulations, they are also subject to the Employer's drug
and alcohol policy as shown in Personnel Policy 10.15 and all other policies and procedures
as applied to all employees. Throughout this policy, any provisions that are based on
Employer's sole authority (vs. mandated by federal regulations) will be underlined.
Operating Procedure Manual Page 19
SECTION 3: POLICY
The Employer expects all drivers to work drug- and alcohol -free at all times. If you have any
questions about this policy, contact Debbie Lund, Human Resources Director, 360-8 76- 7014.
The following conditions and activities are expressly prohibited:
The manufacture, or sale, or use or possession of alcohol, any controlled or illegal
substance (except strictly in accordance with medical authorization) or any other
substances which impair job performance or pose a hazard, when use or possession
occurs on Employer premises or property, or during work time, or while representing
the Employer in any work -related fashion.
Reporting for work having consumed alcohol or used illegal drugs or controlled
substances at a time, or in such quantities, or in a manner that may impair work
performance. For purposes of this policy, having any detectable level of an illegal or
controlled drug, or alcohol with an alcohol concentration of .02 or greater, in one's
system while covered by this policy will be considered to be a violation.
Employees who are required to obtain or maintain a CDL for a City position are required to pass
a Department of Transportation (DOT) physical and carry an active medical examiner's
certificate at all time while driving. Additionally, a job candidate hired into a position that
requires a CDL will be required to submit to a post -offer, pre -employment drug test. Initial
employment is conditioned upon that person satisfactorily passing such test.
SECTION 4: DEFINITIONS
"Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols including methyl and isopropyl alcohol.
"Alcohol concentration (or content), BAC" means the alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential
breath test under 49 CFR Part 382.
"Alcohol use" means the drinking or swallowing of any beverage, liquid mixture or preparation
(including any medication), containing alcohol.
"Commercial motor vehicle" - means a motor vehicle or combination of motor vehicles used
in commerce to transport passengers or property if the motor vehicle:
• has a gross combination weight rating of 26,001 or more pounds inclusive of a towed
unit with a gross vehicle weight rating of more than 10,000 pounds); or
• Has a gross vehicle weight rating of 26,001 or more pounds; or
• Is designed to transport 16 or more persons, including driver; or
• Is of any size and is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act and which require the motor
vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172,
subpart F).
Operating Procedure Manual Page 20
"Controlled substances" mean those substances identified in 49 CFR Part 40.85: marijuana,
cocaine, opiates, amphetamines, and phencyclidine.
"DOT Agency" means an agency (or "operating administration") of the United States
Department of Transportation administering regulations requiring alcohol and/or drug testing
(14 CFR parts 61, 63, 65, 121, and 135; 49 CFR parts 199, 219, 382, and 655), in accordance
with 49 CFR Part 40.
"Driver" means all employees whose position may require operating a commercial vehicle and
that requires the possession of a Commercial Driver's License.
"Drug" has the meaning of any controlled substances, prescription, or over-the-counter
medication.
"EBT (or evidential breath testing device)" means an EBT approved by the National
Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed
on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL),
and identified on the CPL as conforming with the model specifications available from the
National Highway Traffic Safety Administration, Office of Alcohol and State Programs.
"Employer" means an entity employing one or more employees (including an individual who
is self-employed) that is subject to DOT agency regulations requiring compliance with 49 CFR
Part 382. The term refers to the entity responsible for overall implementation of DOT drug and
alcohol program requirements, as well as those individuals employed by the entity who take
personnel actions resulting from violations of 49 CFR Part 382 and any applicable DOT agency
regulations. Service agents are not employers.
"Licensed medical practitioner" means a person who is licensed, certified, and/or registered,
in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe
controlled substances and other drugs.
"Medical Review Officer (MRO)" means a licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by an employer's drug testing
program who has knowledge of substance abuse disorders and has appropriate medical training
to interpret and evaluate an individual's confirmed positive test result together with his or her
medical history and any other relevant biomedical information.
"Performing (a safety -sensitive function)" means a driver is considered to be performing a
safety -sensitive function during any period in which the driver is actually performing, ready to
perform, or immediately available to perform any safety -sensitive functions.
"Refuse to submit (to an alcohol or controlled substances test)" means that a covered
employee:
• Fails to show up for any test (except a pre -employment test) within a reasonable time
after being directed to do so by the Employer. This includes the failure of an employee
Operating Procedure Manual Page 21
(including an owner -operator) to appear for a test when called by a Consortium/Third
Party Administrator);
• Fails to remain at the testing site until the testing process is complete; provided, that an
applicant who leaves the testing site before the testing process commences for a pre-
employment test is not deemed to have refused a test. The testing process commences
once the applicant has been provided the specimen collection cup.
• Fails to provide a urine specimen for any drug test or breath or saliva sample for an
alcohol test required by 49 CFR Part 382, if the employee leaves after the testing process
has commenced;
• In the case of a directly observed or monitored collection in a drug test, fails to permit
the observation or monitoring of the provision of a specimen;
• Fails to provide a sufficient amount of urine, breath or saliva when directed, unless it
has been determined, through a required medical evaluation, that there was an adequate
medical explanation for the failure to provide.
• Fails or declines to take a second test the employer or collector has directed following a
negative dilute result as required by 40.197(b);
• Fails to undergo an additional medical examination, as directed by the MRO as part of
the verification process, or as directed by the Designated Employer Representative
(DER) concerning the evaluation as part of the "shy bladder" procedures in 49 CFR Part
40, subpart I; or fails to undergo a medical examination or evaluation as directed by the
employer as part of the insufficient breath procedures outlined in 40.265(c).
• Fails to cooperate (e.g. refuses to empty pockets when directed by the collector, behave
in a confrontational way that disrupts the collection process, fails to wash hands after
being directed to do so by the collector) or otherwise interferes with any part of the
testing process.
• Fails to sign the certification at Step 2 of the alcohol testing form (ATF).
• Is reported by the MRO as having a verified adulterated or substituted test result.
• For an observed collection, fails to follow the observer's instructions to raise clothing
above the waist, lower clothing and underpants, and to turn around to permit the observer
to determine if there is any type of prosthetic or other device that could be used to
interfere with the collection process.
• Possesses or wear a prosthetic or other device that could be used to interfere with the
collection process.
• Admits to the collector or MRO to having adulterated or substituted the specimen.
"Safety -sensitive function" means all time from the time a driver begins to work or is required
to be in readiness to work until the time the driver is relieved from work and all responsibility
for performing work. Safety -sensitive functions shall include:
1) All time at an employer or shipper plant, terminal, facility, or other property, or on any
public property, waiting to be dispatched, unless the driver has been relieved from duty
by the employer;
2) All time inspecting equipment as required by FMCSA regulations or otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3) All time spent at the driving controls of a commercial motor vehicle in operation;
4) All time, other than driving time, in or upon any commercial motor vehicle except time
spent resting in a sleeper berth (a berth conforming to the requirements of 49 CFR
393.76);
Operating Procedure Manual Page 22
5) All time loading or unloading a vehicle, supervising, or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness to
operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
and
6) All time spent repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle.
SECTION 5: PROHIBITED CONDUCT
The following is considered prohibited conduct under this policy:
1. No driver shall report for duty or remain on duty requiring the performance of safety -
sensitive functions while having an alcohol concentration of 0.04 or greater.
2. No driver shall use alcohol while performing safety -sensitive functions.
3. No driver shall perform safety -sensitive functions within four hours after using alcohol.
4. No driver required to take a post -accident alcohol test under 49 CFR 382.303 shall use
alcohol for eight (8) hours following the accident, or until the driver undergoes a post -
accident alcohol test, whichever comes first.
5. No driver shall refuse to submit to a post -accident, random, reasonable suspicion, or
follow-up controlled substance and/or alcohol test required by 49 CFR Part 382.
6. No driver shall report for duty, remain on duty or perform a safety -sensitive function
when there is a quantifiable level of a controlled substance in the driver's body above
the minimum thresholds established in 49 CFR Part 40. Although the personal use of
marijuana is permitted under Washington law, federal law still prohibits the use and
possession of marijuana. Employees must be aware that having a detectible level of
marijuana in their body, regardless of whether their use was for recreational or medical
purposes, constitutes prohibited conduct.
7. No driver shall report for duty or remain on duty requiring the performance of safety -
sensitive functions when the driver uses any drug, except when the use is pursuant to
instructions of a licensed medical practitioner, as defined in §382.107, who is familiar
with the driver's medical history has advised the driver that the substance will not
adversely affect the driver's ability to safely operate a commercial motor vehicle.
Notwithstanding the above, the medical use of marijuana that causes drug or drug
metabolites to be present in the body above minimum thresholds established in 49 CFR
Part 40 constitutes prohibited conduct regardless of whether the marijuana was used
under the guidance of a medical practitioner and regardless of whether the medical
practitioner advised that such use will not adversely affect the driver's ability to safely
operate a commercial motor vehicle.
8. The Employer shall not permit a driver to continue to perform safety sensitive functions
if the Employer has actual knowledge of a driver violating any of the aforementioned
prohibitions. Actual knowledge may be based on the Employer's direct observation of
the employee, information provided by the driver's previous employer(s), a traffic
citation for driving a CMV while under the influence of alcohol or controlled substances,
or an employee's admission of alcohol or controlled substances use, except as discussed
in the Employer's voluntary self -identification program.
A driver tested under the requirements of this policy who is found to have an alcohol
concentration of 0.02 or greater but less than 0.04 shall be removed immediately from
Operating Procedure Manual Page 23
performing safety -sensitive functions until the start of the driver's next regularly scheduled duty
period, but not less than 24 hours following the test administration.
SECTION 6: TESTING
Submission to the controlled substance and alcohol testing described in this policy is a condition
of employment with the Employer for those drivers covered by DOT and FMCSA regulations.
A refusal to submit (as described above) will constitute a violation of this policy and grounds
for termination of employment. The driver may be tested for controlled substances at any time
during the work day, except pre -employment, and alcohol testing will be conducted just before,
during or after performing safety sensitive functions.
Drivers will be subject to testing as follows:
a. Pre -employment Drug Testing
All individuals who are covered by this policy must pass a drug test as a post offer
condition of employment.
Testing for controlled substances may be waived if:
1) the driver participated in a DOT testing program within the past 30 days and:
2) While participating in that program, either:
a. Was tested for controlled substances within the past 6 months (from the date of
application with the Employer), or
b. Participated in the random controlled substances testing program for the previous
12 months (from the date of application with the Employer); and
3) No prior employer of the driver of whom the employer has knowledge has records
of a violation of DOT controlled substances regulations within the previous 6
months.
A driver/applicant who tests positive on a pre -employment test will not be hired, but
may be eligible to reapply for employment with the Employer after six (6) months from
the date of the positive test. In addition, an applicant who tested positive on any DOT
mandated pre -employment drug test after August 1, 2001, must provide documentation
of their successful completion of DOT return -to -duty requirements (i.e. an evaluation by
a substance abuse professional, education and/or treatment, and a negative DOT pre-
employment test all of which meet the requirements of 49 CFR Part 40).
In the event a driver does reapply following a positive test, the driver/applicant will be
responsible to pay for the pre-treatment evaluation, education and/or treatment, and the
subsequent pre -employment test.
b. Reasonable Suspicion Testing
Drivers will be tested for alcohol and/or controlled substances whenever the City of Port
Orchard has reasonable suspicion that the individual is under the influence of alcohol or
a controlled substance. Reasonable suspicion will be based on specific,
Operating Procedure Manual Page 24
contemporaneous, articulable observations concerning the behavior, speech, appearance
or body odors of the driver, including any indicators of the chronic and withdrawal
effects of controlled substances.
Drivers required to be tested under reasonable suspicion testing will be removed from
performing safety -sensitive functions pending the outcome of the test result(s) and be
transported to the testing facility by the Employer.
Reasonable suspicion drug testing is authorized when the supervisor's observation of the
driver's behavior occurs anytime during the workday. Reasonable suspicion alcohol
testing is authorized only if the supervisor's observation of the driver's behavior has been
made during, just preceding, or just after performing any safety -sensitive function.
The alcohol test must be completed within two (2) hours of the observation; if not, the
Employer must document the reasons for the delay, and shall continue to have the test
conducted up to eight (8) hours following the observation. After eight (8) hours, the
attempt to test will cease.
If an alcohol test is not completed within the two (2) or eight (8) hour time periods
described above, the Employer shall prepare and maintain on file a record stating the
reasons the test was not administered within the appropriate time frames.
The Employer shall not permit a driver to report for duty, remain on duty, perform, or
continue to perform any safety -sensitive functions while the driver is impaired by
alcohol, as shown by the behavioral, speech, or performance indicators of alcohol
misuse, until:
1) an alcohol test is administered and the driver's breath alcohol concentration
measures less than 0.02 percent; or
2) the start of the driver's next regularly scheduled duty period, but not less than
twenty four (24) hours following the supervisor's determination that reasonable
suspicion exists.
Supervisors and any Employer representative that may be expected to serve in a
supervisory capacity, and who may be required to make a reasonable suspicion
determination, must have received at least 60 minutes of training on the indications of
probable drug use and an additional 60 minutes training on the indicators of probable
alcohol misuse. Only those individuals who have received this training are qualified to
make these decisions.
c. Post -Accident Testing
As soon as practicable following an occurrence involving a commercial motor vehicle
operating on a public road in commerce, each surviving driver shall be tested for
controlled substances and alcohol if:
1) The driver was performing safety -sensitive functions with respect to the vehicle,
if the accident involved the loss of human life (fatality); or
Operating Procedure Manual Page 25
2) The driver received a citation for a moving violation and the accident involved
bodily injury to any person who, as a result of the accident, immediately receives
medical treatment away from the scene of the accident; or
3) The driver received a citation for a moving violation and the accident involved
one or more motor vehicles incurring disabling damage as a result of the
accident, requiring the motor vehicle to be transported away from the scene by a
tow truck or other motor vehicle.
A driver may not consume alcohol for eight (8) hours following an accident that requires
the DOT alcohol test. The alcohol test must be completed within two (2) hours of the
accident; if not, the supervisor must document the reasons for the delay, and shall
continue to have the test conducted up to eight (8) hours following the accident. After
eight (8) hours the attempt to test will be ceased, and the supervisor must again provide
the reasons for the test not being administered.
A controlled substances test shall be administered as soon as practicable up to 32
hours following the accident. After 32 hours the attempt to test will be ceased, and the
supervisor must provide the reasons for the test not being administered promptly. A
driver must remain readily available for testing or may be deemed by the Employer to
have refused to submit to testing.
Nothing in this policy should be construed to require the delay of necessary medical
attention for the injured.
d. Random Testing
The Employer is using a consortium/third party administrator to facilitate the random
selection of drivers and notification to the employer of the driver(s) selected for testing.
The consortium/third party administrator is:
PROCOM
1805 Fortino Blvd.
Pueblo, CO 81008
(719) 295-1911
Drivers will be subject to random alcohol and controlled substance testing under the
following program:
1) Random selection of drivers will be made by a scientifically valid method using
a computer -based random number generator that is matched with drivers' social
security numbers.
2) Each driver shall have an equal chance of being drawn each time selections are
made.
3) Selections for testing are unannounced and reasonably spread throughout the
calendar year.
4) Random selections are made to ensure testing for controlled substances is
conducted at not less than the minimum annual 25% rate and alcohol is
conducted at not less than the minimum annual 10% rate, or the rates as
established by the FMCSA.
Operating Procedure Manual Page 26
5) A driver shall only be tested for alcohol just before, during, or after performing
safety -sensitive functions; however, the drive may be tested for controlled
substances any time while performing work for the Employer.
6) Once a driver is notified of selection for random alcohol and/or controlled
substances testing, the driver shall proceed to the test site immediately.
e. Return to Duty and Follow -Up Testing
Drivers who admit to misuse of alcohol or controlled substance use and enter into a
voluntary self -identification program are not permitted to return -to -duty involving
safety -sensitive functions until the driver has a verified negative controlled substances
test and/or an alcohol test with a result less than 0.02 alcohol concentration. The
voluntary self -identification program must meet the criteria described elsewhere in this
policy.
A driver in need of assistance in resolving problems associated with alcohol misuse
and/or controlled substances use as identified through the evaluation by a Substance
Abuse Professional may, depending on the circumstances, be required to enter into a
Last Chance Agreement and to submit to unannounced follow-up testing for controlled
substances and/or alcohol as directed by the Substance Abuse Professional. When this
occurs, the employee must pay the cost of the pre-treatment evaluation and any
treatment. The employee will pay the cost of any follow-up controlled substances or
alcohol testing. This testing will be conducted as non -DOT testing. The Employer may
perform follow-up testing for five years as directed by the Substance Abuse
Professional.
SECTION 7: FAILURE TO COOPERATE
Employees who are subject to this policy are expected to comply fully with any required testing.
Failure to do so (including, for example, refusing to sign consent or refusing to test, obstructing
the testing process, failing to make themselves available for a required test, failing to provide
an adequate sample for testing, attempting to adulterate or substitute a specimen, or in any way
tampering with a required test, failing to empty pockets or wash hands as requested by collection
site personnel, refusing to permit an observed collection, possessing or wearing a prosthetic or
other device that could be used to interfere with the collection process) will cause the driver to
be immediately relieved from performing safety -sensitive functions, and will also be considered
a violation of Employer policy that will subject the employee to discipline, up to and including
termination of employment. The Employer also reserves the right to involve law enforcement
officials for any conduct that the Employer believes might be in violation of state or federal law.
SECTION 8: TESTING PROCEDURES
a. Urine Specimen Collection
Specimen collections will be conducted in accordance with the procedures of 49
CFR Part 40, as amended. The collection procedures are designed to ensure the security
and integrity of the specimen provided by each covered employee, and those procedures
Operating Procedure Manual Page 27
will strictly follow federal chain -of -custody guidelines. Moreover, every reasonable
effort will be made to preserve the individual's privacy as much as possible consistent
with ensuring an accurate result. Covered employees will be required to empty their
pockets before providing the drug test specimen.
Under normal circumstances, the applicant or covered employee will be afforded
compete privacy in the restroom for providing the urine sample. Certain situations do
require the urine sample be provided under same -gender direct observation. Those
situations include:
• The temperature on the original specimen was out of range; or
• The original specimen appeared to have been tampered with (i.e. unusual color,
odor, foam, etc.); or
• The collector observes materials brought to the collection site or the individual's
conduct clearly indicates and attempt to tamper with a specimen;
• The laboratory reported to the MRO that a specimen is invalid, and the MRO
reported to the Employer there was not an adequate medical explanation for the
result; or
• The MRO reported to the Employer that the original positive, adulterated, or
substituted test result had to be cancelled because the test of the split specimen
could not be performed; or
• The laboratory reported to the MRO that the specimen was negative -dilute with
a creatinine concentration greater than or equal to 2 mg/dL but less than or equal
to 5mg/dL, and the MRO reported the specimen to the Employer as negative -
dilute and a second collection must take place under direct observation; or
• All return -to -duty or follow-up drug tests.
When that occurs, the individual subject to testing will be required to follow the
observer's instructions to raise their clothing above the waist, lower clothing and
underpants, and to turn around to permit the observer to determine if there is any type of
prosthetic or other device that could be used to interfere with the collection process.
Refusing to permit an observed collection, or possessing or wearing a prosthetic or other
device that could be used to interfere with the collection process, are considered a refusal
to test and will constitute a verified positive drug test result.
b. Laboratory Analysis
As required by 49 CFR Part 40, only a laboratory certified by the Department of Health
and Human Services (DHHS) will be retained by the Employer to perform the analysis
of the urine specimen for controlled substances. The initial screening test will be
performed by immunoassay and will test for substances and at cutoff levels required by
49 CFR Part 40, as amended. All specimens identified as positive on the initial screening
test will be confirmed using gas chromatography/mass spectrometry techniques at cutoff
levels required by 49 CFR Part 40, as amended.
Operating Procedure Manual Page 28
c. Breath Alcohol
Testing will be conducted by a qualified technician according to 49 CFR Part 40
procedures using a DOT -approved device. If an initial test indicates an alcohol
concentration of less than 0.02, no further testing will be conducted. If the initial test
result is 0.02 or greater, a confirmation test will be conducted by a Breath Alcohol
Technician using an Evidential Breath Testing (EBT) device. Testing will be conducted
in a manner that protects the confidentiality of the employee's testing information as
well as the integrity of the testing process.
d. Medical Review
All controlled substances test results will be reviewed by a Medical Review Officer
(MRO) before results are reported to the Employer. The MRO will attempt to contact
the driver to discuss the test results before reporting positive results to the Employer.
The Employer Medical Review Officer is:
Dr. Phillip Lopez
1805 Fortino Blvd.
Pueblo, CO 81008
(719) 295-1911
e. Notification of Results
The Employer will notify the affected driver of any controlled substances test that is
reported as positive by the MRO. The Employer will notify driver -applicants of the
results of pre -employment controlled substances testing if the applicant requests that
information in writing within 60 days after the Employer notifies the applicant that they
has or has not been hired.
f. Reanalysis of Split Sample Specimen
A urine sample will be split at the time of collection. Within 72 hours of the MRO
notifying the driver of a verified positive controlled substances test, or an adulterated or
substituted specimen, the driver may request the split sample to be tested. Only the MRO
may authorize such testing, which may take place only at laboratories certified by the
Department of Health and Human Services (DHHS). If the split sample test fails to
reconfirm the presence of the drug or drug metabolite, the MRO shall cancel the test or
take such steps as are directed by DOT regulations.
All applicants/drivers have a right to request testing of the split sample. The
applicant/driver) will be responsible for the cost of testing the split sample. If a split
sample re -test returns a negative result, the City of Port Orchard will reimburse the
employee (not the applicant) for the cost of the test.
Operating Procedure Manual Page 29
SECTION 9: CONFIDENTIALITY
Records required under this policy, including test results, will be maintained in a secure location
with controlled access. Each driver, upon written request, shall be entitled to receive copies of
their own records, and to have copies of their records made available to any subsequent
employer. Information may also be disclosed to the relevant state or federal agencies, or in
connection with judicial, administrative or related proceedings (e.g., grievances and arbitration)
initiated by or on behalf of the driver, or where otherwise required by law.
SECTION 10: EVALUATION AND REFERRAL
DOT regulations require that any driver who violates the alcohol and controlled substances rules
of 49 CFR Part 382 be advised of available evaluation resources and be evaluated by a Substance
Abuse Professional. The driver must complete an appropriate education and/or treatment
program before being eligible to return to safety -sensitive duty.
Before returning to performing safety -sensitive functions for any DOT employer, a driver must
be tested for controlled substances with a verified negative controlled substances test result
and/or alcohol with a test result less than 0.02 alcohol concentration. The driver will be subject
to follow-up testing of at least six tests in the first 12 months of returning to duty, and follow-
up testing may continue for five years. All return -to -duty and follow-up drug tests will be
required to be collected as same gender direct observation collections.
SECTION 11: INFORMATION ON EFFECTS AND SIGNS OF ALCOHOL AND
CONTROLLED SUBSTANCE USE
DOT regulations require employers to furnish information regarding the effects of alcohol and
controlled substance use, as well as the signs and symptoms of such use. Any employee who
suspects a co-worker has an alcohol or drug problem may refer the co-worker to contact
information for the Substance Abuse Professional identified in this policy, the Employer's
Employee Assistance Program, or to management.
Personnel responsible for supervising and managing employees subject to testing under this
policy must attend at least two hours of training on alcohol and drug misuse symptoms and
indicator used in making determinations for reasonable suspicion testing.
SECTION 12: CONSEQUENCES
Drivers violating this policy or federal regulations will be suspended from performing any
safety -sensitive functions with a commercial motor vehicle as defined by this policy, and their
employment will be terminated. The Employer also reserves the right to involve law
enforcement officials for any conduct the Employer believes might be in violation of state or
federal law.
Operating Procedure Manual Page 30
SECTION 13: VOLUNTARY REFERRAL
In some cases alcohol and drug abuse can be a result of chemical dependency that can be
successfully treated with professional help. Drivers who are having problems with alcohol or
drug use are encouraged to seek voluntary counseling and treatment. It is the driver's
responsibility to seek help when needed, and to do so before substance abuse causes problems
on the job, results in a positive drug or alcohol test, or results in disciplinary action.
Drivers who admit to alcohol misuse or controlled substances use are not subject to the referral,
evaluation, and treatment requirements of 49 CFR Part 382 and 40, provided that:
1) The admission is in accordance with the Employer's written established voluntary self -
identification policy;
2) The driver does not self -identify in order to avoid testing;
3) The driver makes the admission of alcohol misuse or controlled substances use before
performing a safety -sensitive function;
4) The driver does not perform a safety -sensitive function until the Employer is satisfied
that the driver has successfully completed education or treatment requirements in
accordance with the self -identification program guidelines.
Normally, the Employer will:
1) Not take adverse action against a driver making a voluntary admission of alcohol misuse
or controlled substances use provided that the admission occurs before the employee has
been subject to disciplinary action or the use/misuse has affected job performance;
2) Allow the driver sufficient opportunity to seek an evaluation, education or treatment to
establish control over the employee's drug or alcohol problem;
3) Permit the employee to return to safety sensitive duties only upon successful completion
of an educational or treatment program, as determined by a substance abuse professional,
and may require the employee to sign a Last Chance Agreement as a condition of
employment.
The employee must pay the cost of the pre-treatment evaluation and any treatment. Sick leave,
vacation leave or leave of absence without pay as provided by state or federal regulations may
be granted for treatment and rehabilitation as in other illnesses. The Employer's medical plan,
when available to the employee, may cover a portion of the evaluation and treatment costs;
however, uncovered costs remain the employee's responsibility to pay. The Employer will pay
the cost of any follow-up controlled substances or alcohol testing required by the substance
abuse professional.
The Employer's Employee Assistance Program (EAP) can assist in locating the services of a
Substance Abuse Professional. ComPsych EAP can be reached at 1-800-570-9315, 24 hours a
day, 7 days a week.
SECTION 14: PRIOR DRIVER HISTORY AND FMCSA CLEARINGHOUSE
If a job candidate is to be hired for a position that requires a CDL and has a prior commercial
driver history, they must authorize a request from all former employers to release information
regarding positive alcohol or drug tests and refusals to be tested for the past three years of
Operating Procedure Manual Page 31
employment. This information should be obtained before the person is employed by the City.
If the information is not obtained by the anticipated hire date, and if the person has passed the
pre -employment drug and alcohol test (as applicable), the person may be hired and the requested
information must be obtained from the previous employer(s) within 30 calendar days of the date
of hire. If the information is not received within the 30 calendar days, the person shall not be
permitted to drive commercial vehicles until the information has arrived. If the information does
not timely arrive, or if the information obtained from a previous employer(s) indicates either a
positive test or a refusal to be tested, or if the employee obstructs or interferes with the release
of the information, the employee shall not be permitted to drive commercial vehicles and may
be terminated.
• Effective January 6, 2020, the Federal Motor Carrier Safety Administration
(FMCSA) enacted "The Clearinghouse" a secure, online database that allows
employers real-time information about a CDL holder's and commercial learner's
permit (CLP) holder's drug and alcohol program violations. Until December 31,
2022 (or as otherwise specified by the FMCSA), the City will conduct both
electronic queries and traditional manual inquiries with previous employers to meet
the three-year timeframe, required by FMSCA's drug and alcohol use testing
program, for checking CDL driver violation histories.
• To maintain compliancy, the City will conduct queries on prospective employees,
upon hire, and current employees on an annual basis who hold a CDL license or
CLP. All current and prospective employees will be required to create an account
and provide electronic consent before any query can be made. Any prospective
employee who refuses to consent will not be eligible to be hired. Any active
employee who does not consent, a query cannot be conducted and the employee will
be removed from safety -sensitive functions and they may no longer qualify in their
current position.
Reporting to the Clearinghouse
The City is registered with the Federal Motor Carrier Safety Administration (FMCSA)
Clearinghouse and shall comply with the Controlled Substances and Alcohol Use and Testing
regulations set forth in 49 CFR Part 382. As part of these requirements, the City shall
automatically report to the Clearinghouse, any of the following events or occurrences:
• A verified positive, adulterated or substituted drug test result.
• An alcohol confirmation test with a concentration of 0.04 or higher
• An employee's refusal to submit to a drug or alcohol test
• The City's actual knowledge (as defined by 49 CFR § 382.107) of an employee's:
o Pre -duty, on -duty or post -accident use of alcohol as prohibited by 49 CFR §§
382.207, .205 and .209.
o Controlled substance use as prohibited by 49 CRFR § 382.213.
o Verification from a SAP that an employee has successfully completed the return -
to -duty process
o Negative return -to -duty test; and
o The City's report of completion of any required follow-up testing.
Operating Procedure Manual Page 32
Appendix A
Certificate of Receipt
(Employer's Copy)
I hereby certify that on the date shown below I received and read a copy of the City of Port
Orchard's Drug and Alcohol Policy for Use With FMCSA/DOT-Regulated Employees,
consisting of seventeen (17) pages including these Certificates of Receipt, and a copy of drug
and alcohol awareness training materials. I understand and agree to comply with this policy,
including any required alcohol or controlled substance testing.
Employee — print name
Employee — signature
Dated:
(Original to be kept in employee personnel file)
Operating Procedure Manual Page 33
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Operating Procedure Manual Page 34
Appendix B
Certificate of Receipt
(Employee's Copy)
I hereby certify that on the date shown below I received and read a copy of the City of Port
Orchard's Drug and Alcohol Policy for Use With FMCSA/DOT-Regulated Employees,
consisting of seventeen (17) pages including these Certificates of Receipt, and a copy of drug
and alcohol awareness training materials. I understand and agree to comply with this policy,
including any required alcohol or controlled substance testing.
Employee — print name
Employee — signature
Dated:
(Employee to receive duplicate copy)
Operating Procedure Manual Page 35
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Operating Procedure Manual Page 36
350 General Light Duty Procedures
See also Personnel Policy 7.3
1. The City seeks to work with employees who suffer an on-the-job illness or injury so
that they may return to work as soon as safely possible and with the employee's treating
health care provider's concurrence.
2. As discussed above, the City may, in appropriate circumstances, explore whether an
employee should receive a light duty assignment. Provided, however, for safety reasons
no employee will be permitted to work in a light duty assignment unless the City
receives a written statement from the employee's treating health care provider in
advance approving the assignment.
3. If the City offers a light duty assignment to an employee, and the employee receives the
required release from the treating health care provider to return to work on a light duty
basis, the injured employee will promptly report to the Department Director (unless the
employee is on other approved leave from the City) with a form furnished by the City
and completed by the treating health care provider indicating any restrictions. Nothing
herein shall be construed so as to mandate the acceptance of a light duty assignment by
an employee if the employee is on approved leave (either paid or unpaid) from the City.
After reviewing what, if any, restrictions are indicated by the treating health care
provider, the City will then determine whether it is appropriate to proceed with the light
duty assignment under consideration.
4. The City reserves the right to determine the availability and appropriateness of all light
duty assignments. When considering a light duty assignment as part of the process
under this policy, the Department Director (or other City designee) will meet with the
employee to the extent necessary to review the employee's physical restrictions and to
determine their skills, knowledge and abilities relevant to the assignment under
consideration. This information will be used in determining light duty assignments for
which the employee is qualified and physically capable of safely performing. The City
may discontinue a previously approved light duty assignment only if the employee
becomes unable to safely perform said assignment, upon completion of the tasks/work
related to said assignment, the employee is unable to return to their regular assignment
within a reasonable period of time (determined on a case -by -case basis, taking into
account the particular facts and circumstances), and/or if the City no longer has a
business need to perform the functions of the assignment.
5. The City reserves the right to consider, in appropriate circumstances (as determined by
the City in its discretion), whether other City Departments (outside of the subject
employee's Department) may have light duty assignments to which the employee could
be assigned.
6. The employee and the applicable Department Director (or designee) shall promptly
notify the Human Resources Office of any changes relating to the respective light duty
assignment. The Human Resources Office may then communicate, to the extent
Operating Procedure Manual Page 37
necessary and appropriate, with the insurance carrier and health care provider as
applicable. To assist with the effective implementation of this policy, the Human
Resources Office may also communicate with the employee and the applicable
Department Director from time to time, as may be necessary.
7. All forms of pay and benefits of an injured employee on a light duty assignment will be
paid by the City during the duration of said assignment to the extent required by
applicable City policy and/or any applicable Union Collective Bargaining Agreement.
Employees who refuse to accept light duty assignments offered pursuant to this policy,
and which are approved by their treating health care provider, may be ineligible to
receive time loss payments under Washington State's Workers' Compensation laws.
Requests from employees to utilize accrued paid time off (for example, sick or vacation
leave) in lieu of accepting a light duty assignment will be processed in accordance with
the applicable City policy and/or Union Collective Bargaining Agreement (if any). The
City will, of course, comply with Washington State's Workers' Compensation laws in
regard to any compensation (or other) requirements for employees suffering an on-the-
job injury or illness who do not receive a light duty assignment under this policy.
8. Employees assigned to light duty shall not be assigned any job duties which fall outside
the restrictions set by the applicable health care provider.
9. The City may require employees working on a light duty assignment to periodically
furnish a written statement at reasonable intervals from the treating health care provider
confirming that the employee remains incapable of performing their regular job duties.
In general, the City will review the status of an employee's respective light duty
assignment every 30 days, taking into account, among other things, the City's business
needs and the employee's condition, in order to determine if continuation of the
assignment is appropriate. Provided, however, the timing of the foregoing review may
be modified as appropriate depending upon the particular circumstances of the
respective employee's situation.
10. Light duty assignments under this policy are intended to be of a temporary and short-
term duration. The specific duration of any light duty assignment will be handled on a
case -by -case basis, taking into account the factors set forth above in this policy.
If an employee is unable to return to work after an on-the-job injury or illness and
perform the essential functions of their job, they may request information on other job openings
within the City they are otherwise qualified to perform. If the employee is medically unable to
return to work, and no options for reasonable accommodation or other job opportunities are
available, an employee who can no longer perform the essential functions of their position, with
or without a reasonable accommodation, may be subject to termination. Employees may be
eligible, at their expense, to continue to receive their City health insurance benefits for a defined
period of time upon termination from City employment or upon commencement of an unpaid
leave of absence in accordance with the provisions of the federal Consolidated Omnibus
Reconciliation Act ("COBRA").
To the extent permissible under the law, the City may require an examination (and/or a
Operating Procedure Manual Page 38
written statement from an appropriate health care provider), at its expense, performed by a
physician of its choice to determine when the employee can return to work and/or if the
employee will be capable of safely performing the essential duties of their respective position
with or without a reasonable accommodation. The City may also require certification from an
appropriate health care provider verifying the existence of an employee's injury or illness and
the necessity for the employee to be absent from work. In addition, the City may communicate,
if appropriate, with an employee's Claims Manager at L&I, or other appropriate person or
entity, to the extent necessary and lawful.
Any employee off from work due to an on-the-job injury or illness may be required to
call the City at reasonable intervals to advise as to their prognosis for a return to work. As a
general rule, the City is not able to provide indefinite leave of an extended duration.
Operating Procedure Manual Page 39
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Operating Procedure Manual Page 40
370 HRA VEBA Voting Procedure
See also Personnel Policy 7.4
A health reimbursement arrangement (HRA) is a type of health plan that reimburses out-of-
pocket health care costs incurred by you, your spouse, and qualified dependents. All
contributions, investment earnings, and withdrawals (claims) are tax-free. The HRA VEBA plan
is offered by the non-profit HRA VEBA Trust.
A. Department Petition to Re -vote
1) By written petition signed by 20% of the eligible employees of a department, a
revote can be called to change the department's contribution amount and/or form
of contribution (i.e. leave cashouts) to the HRA VEBA program. 20% of the
eligible employees means 20% as of the day the petition is turned in to Human
Resources. The petition must clearly state the action that would be proposed on
the ballot that is being requested.
2) The deadline for any petition is November 20. No petition will be accepted prior
to November 1 of any year. A revote can happen no more frequently than
annually and would occur between November 25 and December 15. Any change
as a result of the election is effective January 1 of the following year.
3) In the event there are multiple petitions, there can be only one vote. Should
multiple qualified petitions be submitted, the petition received first will be the
one used for the revote.
4) The Human Resources Office is responsible for assisting in any petition by
providing names of eligible employees, determining and verifying the necessary
signatures to obtain 20%, and for administering any vote as required by a
qualified petition.
B. Department Voting Procedures
1) Ballots will be made available for no less than 7 calendar days.
2) A unanimous vote (100%) of the ballots returned is required to pass any ballot
proposal.
3) Any eligible employee on the payroll as of the first day the ballots are available
is eligible to vote.
4) Any concerns regarding legitimacy of a ballot will be determined solely by the
Mayor.
C. Administrative Authority for Special Election: In the event that an element of the
program is required to be changed due to a change or re -interpretation of applicable
rules, the Mayor reserves the right to call for a new election outside of the normal petition
and voting procedure as outlined above. Such special elections shall only be used when
there is any material change in the law affecting the program. The decision as to whether
a change is a material change is at the sole discretion of the Mayor. The procedure for
the special election will be clearly identified on the special election ballot and can
contain rules that require a simple majority (50% plus 1 vote), depending on what type
of change is being required of the program.
Operating Procedure Manual Page 41
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Operating Procedure Manual Page 42
380 Leave Sharing Procedure
See also Personnel Policy 8.2
The Human Resources Office, with concurrence of the receiving employee's
Department Director (or the Mayor if the recipient employee is a Department Director), may
(in the City's discretion) permit an employee to receive shared leave if:
A. The employee suffers, or has an immediate family member suffering from, an
illness, injury, impairment, or physical or mental condition which is of an
extraordinary or severe nature and which has caused, or is likely to cause, the
employee to go on leave without pay status or to terminate their employment with
the City.
B. The employee has depleted or will deplete their total available paid leave during the
absence. NOTE: The recipient employee is subject to the City's maximum vacation
leave carry over policy at the end of a calendar year as described in Personnel Policy
8.1 or applicable collective bargaining agreement or employment contract.
C. Prior to the use of shared leave, the employee has abided by the City's sick leave
policy.
D. The employee has diligently pursued and is found to be ineligible for state industrial
insurance benefits, disability insurance benefits and/or any other benefits which
might be available, with the exception of state public assistance.
E. If deemed appropriate, the City may require that the employee provide appropriate
medical justification and documentation both of the necessity for the leave and the
time, which establishes that the employee can reasonably be expected to be absent
due to the subject condition. The amount of shared leave, if any, which an employee
may receive shall then be calculated. No full-time employee shall receive more than
a total of 520 hours of shared leave within a 12-month period. No part-time
employee shall receive more than a total of 260 hours of shared leave within a 12-
month period. For purposes of this Policy a 12-month period shall be the 12-month
period preceding an application to receive Shared Leave.
F. The Mayor may permit an employee, who is experiencing an unusual or
extraordinary situation that does not qualify as an extraordinary or severe illness,
injury, impairment, or physical or mental condition, to receive shared leave i£
1. The reason for which the employee is or will be absent from the workplace
is eligible for sick leave usage;
2. The receiving employee's Department Director recommends approval;
3. The employee has depleted or will deplete their total available paid leave
during their absence; and
4. Prior to the use of shared leave, the employee has abided by the City's sick
leave policy.
G. Transfer shall be in increments of not less than 8 hours; with maximum amount of
leave donated by any one employee not to exceed 80 hours;
Operating Procedure Manual Page 43
H. The donating employee must retain a total of 80 hours, or more, of total accrued
vacation leave, after the transfer of shared leave;
I. The transfer of leave from a donating employee shall not exceed the amount
specified by that employee;
J. All donations of shared leave shall be entirely voluntary;
K. Employees leaving the employ of the City, who have donated shared leave, shall
not be eligible to receive payment for such donated leave at time of termination of
employment or at any time in the future or under any circumstance.
L. Shared leave may be transferred without regard to the City department in which
donating employees and receiving employees may be assigned.
M. While an employee is using shared leave, they shall continue to be classified as a
City employee and shall receive the same treatment in respect to salary and
employee benefits as they would normally receive if using accrued sick leave or
vacation leave. All salary payments made to an employee while using shared leave
shall be made by the department to which that employee is assigned.
N. The salary rate, total salary, and earned benefits of an employee using shared leave
shall not change as a result of the employee being on shared leave, but shall continue
as if the employee were using accrued sick leave.
O. The Payroll Department shall be responsible for adjusting the accrued leave
balances to show the transferred leave. Records of all leave time transferred shall be
maintained in the event that any time is returned at a later date to the donor.
P. The leave transferred, which remains unused, shall be returned to the leave accrual
account of the employee or employees who donated the leave (subject to the other
provisions of this Policy). In the event more than one employee donated the unused
leave, the amount of leave shall be returned prorated at the percentage of leave each
employee originally donated.
Q. The Human Resources Office shall monitor the use of shared leave with the
objective of establishing uniform administration of this Policy for all employees of
the City. Inappropriate use or treatment of the shared leave provision may result in
the cancellation of the donated leave or use of shared leave and/or appropriate
disciplinary action. In no event shall any unused -shared leave be paid to the recipient
employee in the event of leaving City service.
R. The Finance Director (or Finance Director's designee) shall determine the
appropriate fund transfers and budget amendments as needed for City Council
action.
Operating Procedure Manual Page 44
390 Procedure for Reporting Improper Governmental Action
See also Personnel Policy 11.1
An employee who becomes aware of an improper governmental action must submit a
written report to their respective Department Director, stating in detail the basis for their belief
that an improper governmental action has occurred. Where the employee reasonably believes
the improper governmental action involves the employee's Department Director, the employee
must submit the foregoing written report to the Mayor or the Human Resources Director. The
employee must submit the written report as soon as the employee becomes aware of the alleged
improper action but no later than 30 days from the date of the action in question.
In the case of an emergency, the employee may report the alleged improper
governmental action directly to an appropriate government agency with responsibility for
investigating the improper action (please see the list at the end of this Policy). In the absence
of an emergency, employees must report the alleged improper governmental action as set forth
in this Policy.
Any employee reporting an alleged improper governmental action who fails to make a
good -faith effort to follow the procedures set forth in this Policy shall not receive the
protections provided by the City pursuant to state law. In addition, an employee who knowingly
furnishes false information will be subject to appropriate disciplinary action, up to and
including termination of employment.
The City shall take prompt action to properly investigate the report of improper
governmental action. An investigator (either internal or external) may be appointed by the
Mayor (or Mayor's designee) if appropriate. The employee shall be advised that a prompt
investigation is occurring. Emergency situations shall receive an appropriate expedited
response. Non -emergency situations shall receive serious, prompt attention.
The identity of the reporting employee shall be kept confidential to the extent possible
under law, recognizing the City's potential need to make certain disclosures in order to conduct
the subject investigation and address the matter, unless the employee authorizes additional
disclosure of their identity in writing.
The appointed investigator shall determine the scope of the investigation. After the
investigation has been concluded, the Mayor (or Mayor's designee) shall decide: (a) what action
should be taken to address the report of improper governmental action and (b) what, if any,
personnel action is required.
After an investigation has been completed, the reporting employee shall be advised as
to the results of the investigation to the extent possible. However, personnel actions taken as a
result of the investigation may be kept confidential to the extent required by law.
Operating Procedure Manual Page 45
Protection Against Retaliatory Actions
Elected officials and City employees are prohibited from taking retaliatory action against an
employee because the employee has, in good faith, reported an improper governmental action in
accordance with this Policy.
Employees who believe they have been retaliated against for reporting improper governmental
action must deliver a written complaint to their Department Director, the Human Resources Director
or the Mayor within 30 days of the occurrence of the alleged retaliatory action. This written notice
must:
1. Specify the alleged retaliatory action; and
2. Specify the relief requested.
Upon receiving the written complaint of alleged retaliatory action set forth above, the City shall take
appropriate action to investigate and address complaint(s) of retaliation in writing within 30 days of
receipt of the written complaint. The identity of the complaining party shall be kept confidential to the
extent possible under the law, recognizing the City's potential need to make certain disclosures in order
to investigate the complaint and address the matter, unless the employee authorizes further disclosure
in writing.
After receiving the City's response, if the employee determines the City's response did not adequately
address the problem, the employee may request a hearing before a state administrative law judge, to
establish that a retaliatory action occurred and to obtain appropriate relief as defined in this Policy.
The request for hearing must be delivered to the City within the fifteen (15) days of receipt by the
employee of the City's response to the charge of retaliatory action or within fifteen (15) days of the
last day on which the City could respond.
Within five (5) working days of receipt of a request for hearing, the City shall apply to the State Office
of Administrative Hearings for an adjudicative proceeding before an administrative law judge.
At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the
evidence. The administrative law judge shall issue a final decision consisting of findings of fact,
conclusions of law, and judgment no later than forty-five (45) days after the date of the request for
hearing was delivered to the City. The administrative law judge may grant specific extensions of time
beyond this period of time for rendering a decision at the request of either party upon a showing of
good cause, or upon their own motion.
Relief that may be granted by the administrative law judge consists of reinstatement, with or without
back pay, and such injunctive relief as may be found necessary in order to return the employee to the
position the employee held before the retaliatory action and to prevent any recurrence of retaliatory
action. The administrative law judge may award costs and reasonable attorneys' fees to the prevailing
party.
If a determination is made that retaliatory action has been taken against the employee, the
administrative law judge may, in addition to any other remedy, impose a civil penalty personally upon
Operating Procedure Manual Page 46
the retaliator of up to three thousand dollars payable by each person found to have retaliated against
the employee and recommend to the City that any person found to have retaliated against the employee
be suspended with or without pay or dismissed. The City will consider any recommendation provided
by the administrative law judge that the retaliator(s) be disciplined. To the extent applicable, all
penalties recovered shall be paid to the local government administrative hearings account created in
RCW 42.41.060.
The final decision of the administrative law judge is subject to judicial review under the arbitrary and
capricious standard. Relief ordered by the administrative law judge may be enforced by petition to
superior court.
Responsibilities
The Mayor (or Mayor's designee) is responsible for implementing the City's policies and procedures
for: (a) reporting improper governmental action and (b) protecting employees against retaliatory
actions. This includes ensuring that:
This Policy, or a summary of it, is permanently posted in a place where all employees will
have reasonable access to it;
2. This Policy will be made available to any employee upon request; and
3. This Policy (along with this entire Personnel Policies Manual) will be provided to all new
hires.
In addition, City management, Officials, and supervisors are responsible for ensuring that the
procedures relating to this Policy are fully implemented within their respective areas of responsibility.
Violations of this Policy and the procedures specified above will result in appropriate
disciplinary action, up to and including termination.
Appropriate Agencies
The following is a list of some outside 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 Mayor, the Human Resources Office, or the outside agency. In addition, employees may
contact the Human Resources Office to verify the address and contact information for any of these
agencies.
Operating Procedure Manual Page 47
Kitsap County Prosecuting Attorney
Kitsap County Courthouse
614 Division Street
Port Orchard, WA 98366
(360) 337-7174
State of Washington
Fair Practices Division
1019 Pacific Avenue Tacoma, WA
98402-4443
(206) 464-6684
Washington State Auditor's Office
Insurance Building Capitol Campus
P.O. Box 40021
Olympia, Washington 98504-0021
(360) 902-0370
Washington State Attorney General's
Office
1125 Washington Street SE
P.O. Box 40100
Olympia, WA 98504-0100
(360) 753-6200
Kitsap County Auditor's Office
Kitsap Co. Courthouse
614 Division, Mail Stop 10
Port Orchard, WA 98366-4678
(360) 337-7128
Washington State Department of
Ecology
3190 160th Southeast Bellevue, WA
98008-5852
(206) 649-7000
Washington State Human Rights
Commission
711 South Capitol Way, Suite 402
Olympia, WA 98504-2490
(360) 753-6770
Kitsap County Health Department
345 6th St., Suite 300
Bremerton, WA 98337
(360) 337-5235
Washington State Department of Labor
& Industries
500 Pacific Avenue, Suite 400
Bremerton, WA 98337-1943
(360) 415-4000
Washington State Liquor Control Board
Enforcement Office
4401 E. Marginal Way S. Seattle, WA
98134-1193
(206) 464-6094
Seattle Field Office of the Equal
Employment Opportunity Commission
909 1 st Avenue, Suite 400
Seattle, WA 98104-1061
(800) 669-4000
Washington State Department of
Retirement Systems
P.O. Box 48380
Olympia, WA 98504-8380
(800) 547-6657
Washington Department of Natural
Resources
P.O. Box 47000
1111 Washington St. SE Olympia, WA
98504-7000
(360) 902-1000
Puget Sound Air Pollution Control
Agency
110 Suite 500
Seattle, WA 98101
(800) 522-3565
Operating Procedure Manual Page 48
500 Series
Financial Procedures
Operating Procedure Manual Page 49
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Operating Procedure 501
CITY OF PORT ORCHARD
Procurement Policies & Procedures
216 Prospect Street
Port Orchard, WA 98366
www.citVofportorchard.us
Revised 7/11/2023
Operating Procedure Manual Page 51
Procurement Policies & Procedures
Table of Contents
PURPOSEOF POLICY................................................................................................................................4
DEFINITIONS........................................................................................................................................ 4-6
GENERALPROVISIONS..........................................................................................................................6-7
BUDGET SUFFICIENCY
FINANCING
FEDERAL AND STATE FUNDS
SIGNATURE AUTHORITY
COST
PROCUREMENT OF GOODS AND SERVICES............................................................................................ 7-8
LOCAL BUSINESS
SOLICITING SPECIFIC BRAND
PURCHASING LIMITATIONS
GENERAL PURCHASES
PUBLIC WORKS
PUBLIC WORKS PROJECTS AND PREVAILING WAGE LAWS
ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURE, OR SURVEYING SERVICES (A&E)
PERSONAL SERVICES
PURCHASED SERVICES
BIDPROCEDURES............................................................................................................................... 9-11
WRITTEN QUOTES
VENDOR LIST
SMALL WORKS ROSTER
SMALL WORKS BID PROCEDURE
LIMITED PUBLIC WORKS PROCESS
FORMAL COMPETITIVE BID PROCEDURES
EXEMPTIONS TO COMPETITIVE BIDDING..........................................................................................11-13
SOLE SOURCE PURCHASES
PURCHASES INVOLVING SPECIAL FACILITIES OR MARKET CONDITIONS
PURCHASES IN THE EVENT OF AN EMERGENCY
INTERLOCAL AGREEMENTS
COOPERATIVE PURCHASING (PIGGYBACKING)
US COMMUNITIES SHARED PURCHASING
TELECOMMUNICATIONS SYSTEMS/SERVICES
CHANGEORDERS.................................................................................................................................. 13
PURCHASE ORDERS............................................................................................................................... 14
CONFLICTSOF INTEREST........................................................................................................................ 14
Operating Procedure Manual Page 52
EXHIBITS.................................................................................................................................... 15-20
BUDGET ADJUSTMENT REQUEST
WASHINGTON STATE PREVAILING WAGE LAW
PURCHASE QUOTATION SHEET
SOLE SOURCE VENDOR STATEMENT
PURCHASES THROUGH INTERLOCAL AGREEMENT CHECKLIST
CHANGE ORDER
PURCHASE ORDER
Operating Procedure Manual Page 53
1.0 Purpose of the Policy
This Policy establishes guidelines for employees when purchasing goods, equipment, supplies and
materials, public works projects, architecture, engineering, landscape architecture, surveying services,
personal services, purchased services and contracting for services. The procedures set forth in this manual
are designed to assure the citizens and elected officials that the City of Port Orchard is receiving maximum
value for each tax and utility dollar expended and ensure fiscal responsibility in the procurement process,
while assuring compliance with State, Federal, and City regulations and rules.
This policy is dated March 31, 2017 and supersedes all purchasing directives. All references to the Revised
Code of Washington (RCW), Federal Code, and/or City Ordinances, Resolutions, and personnel policies
shall be incorporated as part of this policy including all future amendments.
2.0 Definitions
"Architectural services" means services rendered by any person, other than a city employee, to perform
activities within the scope of the professional practice of architecture ( RCW 18.08), professional
practice of engineering and land surveying ( RCW 18.43), and/or professional practice of landscape
architecture ( RCW 18.96).
"Bid splitting" means breaking a public works project or purchase of equipment, materials, or supplies
into units. The city may not break a public works project into units to avoid compliance with bidding
statutes. RCW 35.23.352.
"Change order" means the authority to change the scope of service, time, and/or the amount of a
contract.
"Contract" means a contract in writing for the execution of a fixed or determinable amount duly
awarded after advertisement and competitive bid, or a contract awarded under the small works roster
process in RCW 39.04.155.
"Emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present
a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material
loss or damage to property, bodily injury, or loss of life if immediate action is not taken. RCW 39.04.280.
"Formal competitive bid" is the process of advertising and receiving sealed written bids from
prospective vendors. The lowest responsible bidder is selected and awarded the contract. This is for largest
and most complex contracts and purchases that reach the defined amounts.
"Informal competition" is the process of using the small public works roster or vendor list. This is for
medium sized purchases and contracts up to a certain amount.
"Interlocal agreement" isan agreement in which the city exercises its governmental powers in a
joint or cooperative undertaking with another public agency.
"Landscape architecture," as defined in RCW 18.96.030, means the rendering of professional services in
connection with consultations, investigations, reconnaissance, research, planning, design, construction
Operating Procedure Manual Page 54
document preparation, construction administration, or teaching supervision in connection with the
development of land areas where, and to the extent that, the dominant purpose of such services is the
preservation, enhancement, or determination of proper land uses, natural land features, ground cover
and planting, naturalistic and aesthetic values, the settings and approaches to structures or other
improvements, or natural drainage and erosion control. This practice includes the location, design, and
arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and such features as are
incidental and necessary to the purposes in this chapter. Landscape architecture involves the design and
arrangement of land forms and the development of outdoor space including, but not limited to, the design
of public parks, trails, playgrounds, cemeteries, home and school grounds, and the development of
industrial and recreational sites.
"Minimal Competition" means there is no requirement to seek multiple quotes below the established
threshold, and competitive bidding is not required. Price quotes may be obtained from vendors that are
obtained using a variety of mediums such as phone, fax, e-mail, or writing. If the department seeks
quotes, the results should be documented. This is typically used for small contracts and purchases to a
certain amount.
"Ordinary maintenance" is work not performed by contract and that is performed on a regularly
scheduled basis (e.g. daily, weekly, seasonally, semiannually, but not less frequently than once per year),
to service, check or replace items that are not broken; or work not performed by contract that is not
regularly scheduled but is required to maintain the asset so that repair does not become necessary.
"Personal Services" are services that involve technical expertise provided by a consultant to accomplish a
specific study, project, task, or other work statement, not including architecture and engineering.
Examples include Graphic Design, Advertising, Consulting, Attorneys and Real Estate Services.
"Piggybacking" means the use of other governmental agencies' purchasing contracts without going out
for a formal competitive bid, as the other agency has already done it.
"Practice of architecture," as defined in RCW 18.08.320, means the rendering of services in connection
with the art and science of building design for construction of any structure or grouping of structures and
the use of space within and surrounding the structures or the design for construction of alterations or
additions to the structures, including but not specifically limited to predesign services, schematic design,
design development, preparation of construction contract documents, and administration of the
construction contract.
"Procurement Officer" is the public works employee designated as the purchasing agent for public works
procurements. The officer ensures that the department secures the best products and services within
the bid specifications consistent with City policy, federal regulations and state statute.
"Professional engineer," as defined in RCW 18.43.020, means a person who, by reason of his or her special
knowledge of the mathematical and physical sciences and the principles and methods of engineering
analysis and design, acquired by professional education and practical experience, is qualified to practice
engineering as defined in this section, as attested by his or her legal registration as a professional engineer.
Operating Procedure Manual Page 55
"Professional land surveyor," as defined in RCW 18.43.020, means a person who, by reason of his or her special
knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is
acquired by professional education and practical experience, is qualified to practice land surveying and as
attested to by his or her legal registration as a professional land surveyor.
"Public work," as defined in RCW 39.04.010, means all work, construction, alteration, repair, or
improvement other than ordinary maintenance executed at the cost of the city or which is by law a
lien or charge on any city property. Public works projects include the related materials, supplies, and
equipment to complete the project.
"Purchased Service" is a service provided by vendors for routine, necessary, and continuing functions
of a local agency, mostly related to physical work.
"Purchase Order" is a document which authorizes the delivery of specified merchandise or the
rendering of certain services and the marking of a charge for them. The City of Port Orchard is
guaranteeing payment when a purchase order is provided to a vendor.
"Purchasing Agent" as designated in Resolution No. 1086 means the City Clerk who is authorized to
execute requests for performance bonds, vouchers involving disbursement of funds, routine purchase
orders, and routine correspondence on behalf of the City.
"Request for Proposal (RFP)" means a process that requests interested firms to submit a statement
of their proposal for completing a project. Proposals may be evaluated based upon the suitability,
practicality, quality of the proposal and experience and cost, provided. price is usually not the sole
evaluation factor (unless required by law). The RFP process provides for the negotiation of all terms,
including price, prior to contract award, and may include a provision for the negotiation of best and
final offers.
"Request for Qualifications (RFQ)" means a process that requests interested firms to submit a statement
of their qualifications for completing a project. Statements may be evaluated based upon the
qualifications, suitability, practicality, quality of the proposal and experience and cost, provided price is
usually not the sole evaluation factor (unless required by law). The RFQ process provides for the
negotiation of all terms, including price, prior to contract award, and may include a provision for the
negotiation of best and final offers.
"Small Works Roster" is a roster of qualified contractors who can bid for an eligible project below
$300,000. RCW 39.04.155 establishes the requirements for small works roster contracts.
"Sole Source Supplier" occurs when competition among potential vendors is not possible for a
particular procurement. If a purchase is clearly and legitimately limited to a single supplier, sole source
procurement is appropriate. These situations often arise when an agency has specific technological
requirements.
Operating Procedure Manual Page 56
3.0 General Provisions
Budget Sufficiency
Each Department Director must ensure that purchases are initiated only when the departmental budget is
sufficient to cover the anticipated cost. Expenditures that exceed departmental appropriations require a
budget amendment approved by City Council. Requests for budget amendments must be submitted in
writing, see Exhibit 1, and shall be forwarded to the Mayor and City Treasurer prior to seeking approval from
the City Council.
Financing
Consistent with Resolution No. 022-12 Finance Policies, the City may finance capital equipment, vehicles, land,
or infrastructure improvements. Financing recommendations shall be the responsibility of the Finance
Director. Financing instruments or structures require authorization consistent with City practices and
procedures prior to entering into any such arrangement.
Federal or State Funds
Procurement involving the expenditure of state or federal funds or grants, shall be conducted in accordance
with the Code of Federal Regulations (CFR) Title 2: Grants and Agreements §200.318. General procurement
standards require that the City must use its own documented procurement procedures which reflect applicable
State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law
and the standards outlined in §200.318.
Breaking Down or Bid Splitting Purchases Prohibited
Purchases shall not be broken into multiple projects or purchases to avoid limitation requirements of State
bidding statutes or City policy.
Signature Authority
The Mayor or designee shall sign all contracts upon approval by the City Council, consistent with RCW
35A.12.100, RCW 35A.12.190 and RCW 35A.11.020. .
Purchase Cost
Purchase cost includes sales tax, finance charges, delivery charges, set-up and assembly fees, and any other
related miscellaneous charges.
4.0 Procurement of Goods and Services
Local Business
Local businesses should be encouraged to submit bids on city procurements that are open to everybody.
Consistent with RCW 39.30.040, the City may award a contract to a bidder submitting the lowest bid after
such tax revenue has been considered.
Soliciting a Specific Brand
The City may advertise for bids by specifying a particular brand name item as long as the responsible official
has exercised theirjudgement and determined that a certain brand name is of higher quality or is better suited
to the City's needs. There is no requirement that bid specifications naming a particular brand also include a
phrase such as "or an equal brand."
Operating Procedure Manual Page 57
Contracting and Purchasing Limitations
1. Purchases and contracts greater than $35,000, require Council authorization.
2. Purchase limitations apply to the cost of individual items or the sum of the same items purchased at
the same time to fulfill a specific business need, which are not part of a public works project as defined
by RCW 39.04.010.
3. Expenditures are required to be within budgeted authority.
4. Contracts or purchases exceeding $7,500 and are not consistent with the adopted budget require
Council approval.
5. No provision prevents seeking Council approval for purchases falling within the limitations.
Purchasing
Purchasing refers to purchase of goods, equipment, materials, and supplies not connected with a public works
project.
Local and State:
$7,500 and under, may use minimal competition process, informal competition process, or formal
competitive bidding.
$7,501- $15,000, may use informal competition process or formal competitive bidding.
Over $15,000, must use formal competitive bidding.
Federal:
$3,500 and under, micro purchase procedures (not competitive, distributed equitably)
$3,501 - $150,000, small purchase procedures (price or rate quotations)
Over $150,000, Sealed/Formal Bids
Piihlir \A/nrkc
Public Works projects include all work, construction, building, renovation, remodeling, alteration, repair, or
improvement, other than ordinary maintenance, of real property; as defined in RCW 39.04.155(1)
Local and State:
Over $350,000, must use formal competitive bidding.
$75,500 and over (single craft) or $116,155 and over (multiple craft), up to $350,000, may use a small public
works roster, or formal competitive bidding.
Under $75,500 (single craft) or $116,155 (multiple craft), may use the above methods or day labor,
informal competition, or may obtain three telephonic, electronic or written quotations.
Under $50,000, may use the above methods or limited public works process
Under $10,000, may use the above methods or may obtain a single telephonic, electronic or written
quotation.
Operating Procedure Manual Page 58
Federal:
$150,000 and under, small purchase procedures (price or rate quotations)
Over $150,000, Sealed/Formal Bids
Public Works Proiects and Prevailing Wage Laws
Public works projects ("...all work, construction, alteration, repair, or improvement other than ordinary
maintenance executed at the cost of the city..."), including maintenance when performed by contract, are
governed by Chapter 39.12 RCW Prevailing Wages on Public Works requirements, regardless of contract
amount.
It is the responsibility of the contracting employee to notify the vendor of prevailing wage requirements and
obtain compliance documentation prior to awarding any public works contract. Public works contracts will
only be awarded to contractors who document compliance with the Washington State Prevailing Wage Law.
The department head or designee managing the project is responsible for collecting compliance documents.
Failure to follow prevailing wage laws will result in delayed or denied payment to the vendor. The City cannot
pay for public works projects that are in violation of prevailing wage laws. (See Exhibit 2.)
Architectural, Engineering, Landscape Architecture, or Surveying Services WE) Services
Professional architecture and engineering (A&E) services are services provide by any person, other than an
employee of the City, that fall under the general statutory definitions as set forth in Section 2 "Definitions"
of this policy. These services must follow the same qualifications -based selection (QBS) process outlined in
RCW 39.80.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant
Roster and will adhere to the requirement of RCW 39.04.190.
Local and State:
The City may solicit competitive bids and evaluate them based on qualifications, without regard to cost.
Federal:
Over $150,000, Competitive Proposals
Non-A/E Professional Services
Personal services involve technical expertise provided by a consultant to accomplish a specific study or project
task. These activities and products are mostly intellectual in nature, but exclude architecture and engineering
services, which have their own requirements. For example, comprehensive plans, legal services, and
management analyses.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant
Rosters, and where applicable will adhere to the requirement of RCW 39.04.190.
Local and State:
Estimated cost of $150,000 and under may solicit statements of qualifications from consultants utilizing
the MRSC consultant rosters (where feasible, from three qualified consultants), minimal competition, seek
written quotes (where feasible, from three qualified consultants), RFP, RFQ, or formal competitive bidding.
Estimated cost of over $150,000 may issue an RFP, RFQ, solicit statements of qualifications from
Operating Procedure Manual Page 59
consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), or use
formal competitive bidding.
Federal:
Estimated cost of $150,000 and under may use RFP, RFQ, or small purchase procedures.
Estimated cost over $150,000 may use RFP, RFQ, or Sealed/Formal Bids.
Purchased Services
Purchased services are those provided by vendors for routine, necessary, and continuing functions mostly
relating to physical activities. These services are usually repetitive, routine, or mechanical in nature, support
the City's day-to-day operations, involve the completion of specific tasks or projects, and involve minimal
decision -making. For example delivery/courier service, herbicide application, recycling/disposal/litter pickup
service, vehicle inspection, lubricating and repair services.
Local and State:
$25,000 and under, may use minimal competition, seek written quotes, use consultant roster, or formal
competitive bidding.
Over $25,000, must use formal competitive bidding
Federal:
$150,000 and under, may use small purchase procedures (price or rate quotations)
Over $150,000, Sealed/Formal Bids
5.0 Bid Procedures
Written Quotes
Small contracts or purchases requiring written quotes must be documented on a quote sheet. Quote sheet is
included as Exhibit 3.
Vendor List
RCW 39.04.190 allows the use of informal vendor lists. A vendor list is a directory, maintained by a local
government agency, of vendors who are interested in selling equipment, materials, and supplies to the agency.
The City may create multiple vendor lists for different types of products. When using the vendor list, the city
should secure quotes from at least three of the vendors on the list, if possible, and award the contract to the
lowest responsible bidder.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Vendor
Roster and will adhere to the requirement of RCW 39.04.190.
Small Works Roster
Local and State:
RCW 39.04.155(1) provides uniform small works roster provisions to award contracts for construction, building,
renovation, remodeling, alteration, repair, or improvement of real property. The Small Works Roster may be
used for public work projects valued at $350,000 and below in lieu of formal bidding. Use of the Small Works
Roster allows the City to avoid the advertisement requirements of the formal competitive process. All other
Operating Procedure Manual Page 60
bidding requirements are the same.
The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Small Public
Works Roster and will adhere to the requirement of RCW 39.04.190.
Federal:
If any federal funds are used to pay for all or a portion of the cost, the City must use the formal bidding process
at the federal threshold of $150,000.
Small Works Bid Procedure
1. Invitations for Quotations.
Invitations for quotations shall include an estimate of the scope and nature of the work to be performed
as well as materials and equipment to be furnished. However, detailed plans and specifications need not
be included in the invitation. These requirements do not eliminate other requirements for architectural or
engineering approvals as to quality and compliance with building codes.
2. Number of contractors invited.
Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an
alternative, quotations may be invited from at least five contractors on the appropriate small works roster
who have indicated the capability of performing the kind of work being contracted, in a manner that will
equitably distribute the opportunity among the contractors on the appropriate roster. However, if the
estimated cost of the work is from one hundred fifty thousand dollars ($150,000) to three hundred
thousand dollars ($350,000), a state agency or local government that chooses to solicit bids from less than
all the appropriate contractors on the appropriate small works roster must also notify the remaining
contractors on the appropriate small works roster that quotations on the work are being sought pursuant
to RCW 39.04.155 (2)(c)
3. Vendors/contractors selected from the Small Works Roster are not relieved from observing applicable legal
requirements such as those relating to Performance Bonds, Prevailing Wages, Labor and Material Bonding,
etc.
4. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public
inspection, and available by telephone inquiry.
As required by RCW 39.04.200, every even numbered month, the City must post a list of contracts awarded
from the small works roster over at least the previous two months. The list must contain the name of the
contractor, the amount of the contract, a brief description of the type of work performed, and the date of
the award.
Limited Public Works Process (RCW 39.04.155(3))
For limited public work projects may award a contract for work, construction, alteration, repair, or
improvement projects with an estimated cost of $50,000 or less, the city may use the limited public works
process described below in lieu of the small works process.
1. Invitations for Quotations.
Invitations for quotations shall include an estimate of the scope and nature of the work to be performed
Operating Procedure Manual Page 61
as well as materials and equipment to be furnished. However, detailed plans and specifications need
not be included in the invitation. These requirements do not eliminate other requirements for
architectural or engineering approvals as to quality and compliance with building codes.
2. Number of contractors invited.
Electronic or written quotations shall be solicited from a minimum of three contractors from the
appropriate small works roster and the city shall award the contract to the lowest responsible bidder
as defined under RCW 39.04.010.
3. Notification of Award.
After an award is made, the quotations shall be open to public inspection and available by electronic
request. The city shall maintain a list of the contractors contacted and the contracts awarded during
the previous twenty-four months under the limited public works process, including the name of the
contractor, the contractor's registration number, the amount of the contract, a brief description of
the type of work performed, and the date the contract was awarded.
4. Vendors/contractors selected using the Limited Public Works Process are required to comply with
prevailing wage and insurance requirements.
Formal Competitive Bid Procedures
1. Publication of Notice.
The requesting department director (or designee) will publish the Call for Bids in the official newspaper or
a newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the
last date upon which bids will be received.
2. Notice Contents.
Notice (or advertisement) for bids should contain definite specifications and procedures for bidders to use
to estimate their bids. At a minimum, a bid notice for public works must include:
• Project title;
• Nature and scope of work;
• Where contract documents (plans and specifications) can be reviewed or obtained;
• Cost to obtain a set of contract documents;
• Place, date, and time that bids are due;
• Statement that a bid bond must accompany the bid;
• Statement that the City retains the right to reject any and all bids and to waive minor irregularities
in the bidding process;
• Statement that the contract involves "public work," and that workers shall receive the prevailing
rate of wage pursuant to the Prevailing Wages on Public Works Act (Chapter 39.12 RCW);
• List of the applicable prevailing wage rates; and
• Statementthat the City is an equal opportunity employer and invites responsive bids from all qualified
responsible bidders.
In addition, providing evaluation criteria; minimum qualifications; date, time, and location of pre -bid conference
(if applicable); name, address, and telephone number of the project contact; and number of required copies will
help bidders prepare responsive submittals.
Operating Procedure Manual Page 62
3. Acceptance of Bids.
Bids are submitted to the City Clerk, where they are time and date stamped and held until bid opening.
4. Bid Opening.
City Clerk on the day the bids are due, will open all sealed bids and read each bid out loud.
5. Report on Bids.
The City Clerk, or designee, will prepare the Bid tab sheet and provide it to the responsible department
director. The responsible department director will provide a recommendation on all bids received.
6. Bid Award.
The City may select the qualified vendor whose proposal is most advantageous to the City, with price and
other factors considered.
7. Rejection of Bids.
The City reserves the right to reject any bid not in substantial compliance with the bid documents, or all
prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon
a finding of the City that it is in the public interest to do so.
The following shall apply to bid solicitations:
• Selection of a winning offer is based primarily on lowest responsive bid. Quality and expertise,
however, must also be a consideration.
• To ensure consistency and fair process, the City will use standard forms, documents, contracts, and
terms and conditions, when practical. The Public Works Department will maintain templates for bid -
related documents for use by departments.
• Minimum qualifications are stated to ensure respondents are reasonably qualified. Minimum
qualifications cannot be used to eliminate qualified vendors. Minimum qualifications should be tested
against the marketplace to ensure they aren't overly restrictive.
• When practical, the City will conduct a pre -bid conference to allow a thorough discussion of the City's
intent, scope, specifications, and terms. Interested companies should be encouraged to attend.
6.0 Exemptions to Competitive Bidding
Section 39.04.280 RCW provides uniform exemptions to competitive bidding requirements utilized by
municipalities when awarding contracts for public works and contracts for purchases. Competitive bidding
requirements may be waived for:
Sole Source Purchases
Purchases that are clearly and legitimately limited to a single source of supply (Sole Source Vendor):
If, after conducting a good faith review of available resources, the requesting department director
determines that there is only one source of the required materials, supplies, or equipment, a purchase
contract may be awarded without complying with established bid requirements. The requesting
department director must complete the Sole Source Vendor Statement form, attached as Exhibit 4, and
must be filed with the contract.
Purchases involving special facilities or market conditions
Operating Procedure Manual Page 63
The Mayor may waive established bidding requirements if an opportunity arises to purchase favorably -
priced equipment at an auction, or supplies or used goods that will be sold before the City can conduct the
bid process.
Purchases in the event of an emergency
If an emergency situation has been declared, the Mayor may waive competitive bidding requirements and
the City may award all necessary contracts to purchase goods, materials, or services to address the
emergency situation. Purchase order(s) must be properly documented as pertaining to an emergency as
soon as possible following the event. If a contract is awarded without competitive bidding due to a declared
emergency, the City Council must adopt a resolution certifying the emergency situation existed no later
than two weeks following the award of the contract.
Intergovernmental Purchases and Piggybacking
The City may make purchases using another local, state, or federal agency's purchasing contract, a process
known as "piggybacking". The host entity and the City of Port Orchard must follow the statutory
contracting requirements and post solicitations online, as outlined in RCW 39.34. In addition, City staff
should use the Purchases through Interlocal Agreements checklist, attached as Exhibit 5.
Telecommunication Systems/Services
The City may acquire electronic data processing or telecommunication equipment, software, or services
through competitive negotiation rather than through competitive bidding as outlined in RCW 39.04.270.
7.0 Change Orders
A. Public Works. Upon recommendation of the department director, and demonstration that a Change
Order or contract amendment is necessary and reasonable, the department director is authorized to
approve any Change Order or contract amendment as follows:
A. For all contracts greater than $35,000, the change order does not exceed the greater of:
1. 10% of the legally authorized budget limit for the applicable project; or
2. 10% of the contract amount established by the City Council, provided for the purposes of
this calculation the total contract amount shall be reset to reflect new Council -approved
contract totals authorized prior to the requested change order.
Any individual change order that is between $50,000 and $100,000 requires Mayoral approval
per Section7.0. Any individual change order that is over $100,000 requires Council approval.
B. For contracts with an initial budgeted value under $35,000, all change orders that individually do
not exceed $7,500 and an aggregate cap of $10,000.
C. For contracts with an initial unbudgeted value under $7,500, all change orders that do not exceed
an aggregate cap of $7,500 (excluding the underlying value), provided there are sufficient
departmental funds available in the applicable budget. For example: the director may authorize a
change order in the amount of $500 for a contract that had an initial value of $2,000 without
Council action.
B. All Departments The Mayor is authorized to approve any and all Change Orders and Contract
Amendments that do not exceed either 10% of the legally authorized budget limit for the applicable
project or 10% of the contract amount established by the City Council, with a maximum aggregate
Operating Procedure Manual Page 64
amount of $100,000, provided for the purposes of this calculation the contract amount shall be reset
to reflect new Council -approved contract totals authorized prior to the requested change order or
contract amendment.
Change Orders in Excess of City Council Authorized Budget Appropriations.
Upon recommendation of the department director, and demonstration that a Change Order is necessary, the
responsible department director shall submit to the City Council a Change Order Request to include the
amount of requested funds and a written justification describing why the additional funds are necessary and
the benefits to be derived. A request for budget amendment shall accompany the Change Order.
If the City Council approves the Change Order Request, the responsible department director shall take the
necessary actions to enact the Change Order and complete the work in an expeditious manner in accordance
with the City Council's direction.
If the City Council denies the Change Order Request, the responsible department director shall report back to
the Mayorand City Council with options as to howto accomplish the project/contract within the funds allocated.
Consistent with RCW 39.04.280, in the event of an emergency or the need to take immediate or expeditious
action necessary to protect or maintain the public health, safety, or welfare; or to prevent damage to public
or private property, and with approval of the Mayor, department directors are authorized to enact Change
Orders in excess of the legally authorized expenditure level. The responsible department director shall timely
report such actions to the City Council.
8.0 Purchase Orders
The City Clerk is authorized to execute requests for routine purchase orders as stated in Resolution No. 1086.
Routine purchase orders are used to detail the terms of the purchase, including the items purchased, the price,
delivery date, and terms of payment. Purchase Orders are available to vendors and suppliers when there is an
agreement to deliver purchased items prior to payment, with the purchase order serving as a guarantee of
future payment. Once a purchase order is generated, an in -progress purchase is created. The order remains in
progress until the ordered items have been delivered and paid. Attached as Exhibit 7.
9.0 Conflicts of Interest
City officers, employees, and agents may not participate in the selection, award, or administration of a contract
if they have a real or apparent conflict of interest. This provision encompasses procurement expending federal,
state, or local funds. Such officers, employees, and agents may neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors, subcontractors or other parties consistent with Chapter 42.52
RCW Ethics in Public Service. Unsolicited items of nominal value are restricted to the provisions of RCW
42.52.150.
Employees violating these provisions are subject to disciplinary action commensurate with the severity of the
violation, ranging from a letter of reprimand to termination of employment. Disciplinary actions shall be
governed by Improper Governmental Action Policy Chapter 11 City of Port Orchard Personnel Policies
consistent with applicable Federal law and the standards outlined in the Code of Federal Regulations Title 2;
Grants and Agreements §200.318; and applicable state statutes.
Operating Procedure Manual Page 65
EXHIBITS
Budget Adjustment Reauest
CITY OF PORT ORCHARD
CURRENT YEAR
BUDGET ADJUSTMENT REQUEST
To: City Treasurer
Please transfer the following revenues and/or appropriations:
Date:
Exhibit 1
Decrease
(from)
Increase
(to)
category
acct. number
amount
category
acct. number
amount
Reason:
Requested By:
(Department Director)
1. To: City Treasurer
Comments:
Approved Not Approved
2. To: Mayor
Comments:
Approved
3. To: Finance Department
Adjustment Recorded: AJ#_
Not Approved
Signature
Date:
Signature
Date:
Date:
Prepared By: Approved By:
Operating Procedure Manual Page 66
Washington State Prevailing Wage Law Exhibit 2
CITY OF PORT ORCHARD
WASHINGTON STATE PREVAILING WAGE LAW
The Prevailing Wages on Public Works Act (Chapter 39.12 RCW) requires that employees of government
contractors be paid prevailing wages for all public work. Agencies awarding public works contracts include
state agencies, counties, municipalities and all political subdivisions of the state.
All public agencies, contractors performing public work, and construction workers on public works
construction should be aware of their rights and legal responsibilities. Failing to comply with the provisions of
Chapter 39.12 RCW may subject contractors and/or public agencies to liability for all unpaid prevailing wages
and penalties.
The Department of Labor and Industries (L&I) administers the prevailing wage law. The Office of the Attorney
General provides legal counsel to L&I and prosecutes violators. The State Auditor's Office ascertains if a public
agency's policies, procedures and practices meet the requirements of the law.
Do not rely on this plain language description without reading the laws and regulations. The informal
discussions below are meant to be helpful when read in conjunction with the laws and WAC rules. They are
not meant to be a substitute for reading and understanding the laws. After reading the laws and regulations,
please do not hesitate to contact the Prevailing Wage Office with any questions you may have.
The Prevailing Wages on Public Works Act
Enacted in 1945, the Washington State Public Works Act, also known as the "prevailing wage law", is a worker
protection act. It requires that workers be paid prevailing wages when employed on public works projects, and
on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010, and RCW 39.12.020)
The Public Works Act is modeled after the federal Davis -Bacon Act, which was enacted to protect the
employees of contractors performing public works construction from substandard earnings, and to preserve
local wage standards.
The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does
not apply to work that is clerical, executive, administrative or professional in nature. For example, the Act does
not apply to the work of a secretary, engineer or administrator, unless they are performing construction work,
alteration work, repair work, etc. Prevailing Wage application depends on the work that is performed,
regardless of the worker's job title. Any doubts or questions regarding the applicability of the prevailing wage
law should be directed to the Prevailing Wage Office. (RCW 39.12.020 and WAC 296-128-510 through 530)
What Is Public Work?
Public work is all work, construction, alteration, repair or improvement that is executed at the cost of the state
or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road
construction, building construction, ferry construction and utilities construction. (RCW 39.04.010)
What Is Prevailing Wage?
Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each
county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the
Department of Labor and Industries, for each trade and occupation employed in the performance of public
work. They are established separately for each county, and are reflective of local wage conditions.
Operating Procedure Manual Page 67
Awarding Agencies' Responsibilities
l . Contracts for Public Work: Employers are not responsible for making the legal determination of whether a contract
does or does not meet the defmition of a "public works" contract. Public agencies, in awarding a contract, must make
the determination of whether that contract involves "public work" and communicate it to the employers in the bid
specifications and contracts. The law does not allow public agencies to place this burden upon the employer. For
example, it is insufficient to state, "Contractors shall comply with the prevailing wage law, if applicable". Agencies
should seek the advice of legal counsel regarding when a contract is for public work. Before acting on advice that a
contract is not for public work, agencies should contact the Prevailing Wage Office for a determination of the
applicability of the statute. (RCW 39.04.010, RCW 39.12.030, RCW 39.12.040, and RCW 39.12.042)
2. Prevailing Wage Provisions: Awarding agencies must stipulate in bid specifications and contracts for public work that
workers shall receive the prevailing rate of wage. Those documents must also contain a list of the applicable prevailing
wage rates. Compliance with the law is not met by referring contractors to the department or other sources to obtain
wage rate information. RCW 39.12.030
3. Public Building Service Maintenance Contracts: Public building service maintenance (janitorial) contracts of more
than one year duration must include wage language recognizing the potential for future variance in applicable
prevailing wages each year after the first year of the contract. RCW 39.12.020 and WAC 296-127-023
4. Disbursal of Public Funds: Agencies may not make any payments where employers have not submitted an Intent form
that has been approved by the Industrial Statistician. Agencies may not release retainage until all employers have
submitted an Affidavit form that has been certified by the Industrial Statistician. The requirement to submit these forms
should also be stated in the contract. RCW 39.12.030, RCW 39.12.040 and RCW 39.12.042
5. Turnkey Projects (lessee/lessor relationships between public and private parties): Prevailing wages must be paid for
any work, construction, alteration, repair or improvement, other than ordinary maintenance, that the state or a
municipality causes to be performed by a private party through a contract to rent, lease, or purchase at least fifty percent
of the project by one or more state agencies or municipalities. RCW 39.04.260. It is the responsibility of the awarding
agency to make an accurate determination as to whether the entire project falls within RCW 39.04.260 prior to entering
into a lease relationship for space in a privately owned building. The determination is based on whether the awarding
agency is causing the work to be performed and when at least fifty percent of the leased space is going to be occupied
by one or more public agencies. If RCW 39.04.260 applies, all work performed in conjunction with the project is
covered, not just the tenant improvements, and the project is subject to all provisions of RCW 39.12. Should the
awarding agency fail to comply with all the provisions of RCW 39.04.260 and RCW 39.12.040, the awarding agency
can be held responsible for any unpaid prevailing wages.
6. Contract Administration: Though not legally required, the following activities are recommended to ensure compliance
with the Public Works Act.
a. Job site inspections should be performed on a routine or periodic basis to verify compliance. These
inspections should include checking to see that a copy of the Intent is posted at the job site. Workers
should be randomly interviewed to verify that prevailing wages are received. Apprentice workers should
be asked to show their registration cards.
b. References should be checked when the agency is empowered to select the lowest responsible bidder.
The department can advise an agency regarding an employer's history of wage claims. Check the
Contractor Debarment List to find out if a contractor is debarred from bidding on public works projects.
c. Verify Contractor Registration Status and Verify Workers' Compensation Premium Status. Find out
whether a contractor or other employer has an industrial insurance (workers' compensation) account with
L&I and that their premiums are up to date.
Operating Procedure Manual Page 68
Purchase Quotation Sheet Exhibit 3
CITY OF PORT ORCHARD
PURCHASE QUOTATION SHEET
Purchases of $7,500 or more require three (3) quotations which will become a part of the purchase
request.
Purchase Order Number:
Quote Required By: (Date)
(Time)
Name of Person Requesting:
Commodity:
Buyer:
Required Delivery Date:
Ship to Address:
City:
State:
Zip Code:
ITEM
NO.
QTY
UNIT
SPECIFICATIONS
BIDDER 1
BIDDER 2
BIDDER 3
Company:
Company:
Company:
Contact:
State:
Contact:
State:
Contact:
State:
Telephone Number:
Telephone Number:
Telephone Number:
Fax Number:
Fax Number:
Fax Number:
Quote Date:
Quote Date:
Quote Date:
PRODUCT
QUOTED
Unit
Price
Total
Price
PRODUCT QUOTED
Unit
Price
Total
Price
PRODUCT QUOTED
Unit
Price
Total
Price
Total Price
Total Price
Total Price
Operating Procedure Manual Page 69
Sole Source Vendor Statement
CITY OF PORT ORCHARD
SOLE SOURCE VENDOR STATEMENT
Date:
To: City Clerk's Office to file with contract
From: Fill — in department name and name of person signing this form
To Whom It May Concern:
Exhibit 4
This form justifies the proposed sole source purchase described below. In accordance with State of
Washington regulations (RCW 39.04.280), City of Port Orchard must procure material, equipment, supplies
and services by competitive means when the purchase is in excess of $7,500. However, in unusual
circumstances the competitive process may be waived and sole source purchasing approved, provided the
requesting party can adequately justify its use.
Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source
purchases are normally not allowed except when based upon strong technological grounds such as
operational compatibility with existing equipment and related parts or upon a clearly unique and cost
effective feature requirement. The use of sole source purchases shall be limited only to those specific
instances which are totally justified to satisfy compatibility or technical performance needs.
If one of the reasons 1 through 3 below applies to this purchase, you need only to check the applicable
reason and describe item being purchased below. If reason 4 apply, please provide the item description
and explanation below.
1. [ ] Licensed, copyrighted, or patented products or services that only one vendor provides.
2. [ ] New equipment or products that must be compatible with existing equipment or
products.
3. [ ] Proprietary or custom-built software or information systems that only one vendor provides.
4. [ ] Products or services where only one vendor meets the required certifications or satutaory
requirements.
Item Description:
If explanations 4 is used, please provide an explanation below. Explain why the identified vendor is
rarnmmonr,nt+
Signed Department Director or Designee
Operating Procedure Manual Page 70
Purchases through Interlocal Agreements
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.:
Interlocal Agreement with (government agency or Purchasing Co -Op name):
Item Description:
Do you have an Interlocal agreement signed with the Contract (host) Agency?
❑ If yes, where is it filed:
❑ If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#:
Exhibit 5
If you have an Office of State Procuement (OSP) contract number you may skip the remainder of
this test because the OSP contracts comply with remaining requirements and retain the
documentation on hand for SAO to review in the OSP offices.
Is this a technology contract?
❑ If yes, do your own rules allow for technology contracts to be negotiated?
❑ If your own rules allow for negotiated IT contracts, you can skip this test.
Is this a services contract?
❑ If yes, do your own rules allow services to be negotiated?
❑ If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase?
❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for Require Compliance
Does the host agency have a requirement
0 Yes
13 No
Federal and State contract rules
to run a newspaper ad in their local paper
usually don't require a newspaper ad.
and did they comply
For others, attach the ad or place into
the file
Did they list on a website? If so, state
0 Yes
13 No
Always required. Indicate date,
when and the address. Attach proof if
address and/or attach or place into
possible.
the file.
Did the bid & award comply with the
0 Yes
0 No
If No, you cannot use the bid.
Host agency's codes and statutes?
Did bid contain any preference that is
0 Yes
13 No
If Yes, you cannot use the bid.
illegal in your statutes such as WMBE
points?
Operating Procedure Manual Page 71
Change Order Form
CITY OF PORT ORCHARD
Authorization for Change Order No.
Date:
Project:
Contract / Job #
Brief Description of Change Order work:
Contractor:
Exhibit 6
Contract History
Amount Sales Tax Total Date Appvd b
Original Contract
Change Order 1
Total Contract $0.00
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions
and costs are true and accurate.
Contractor Approval Signature
Printed Name & Title
Change Orders that do not exceed 10% or a
maxium of $50,000 can be approved by the
Public Works Director.
Public Works Director/City Engineer
Printed Name
Approved:
Mayor
Change Orders that do not exceed 10% or a Attest:
maxium of $100,000 are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total
of 10% reauire Council action.
City Clerk
uperaiing Procedure Manual Page 72
Council Approval Date
Purchase Order Form
Bill To:
Attn: Accounts Payable
City Of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
CITY OF PORT ORCHARD
PURCHASE ORDER
P.O. No.
Date:
Exhibit 7
Ship To: City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Ordered By: Authorized Signature:
City Clerk or Authorized Representative Signature
Operating Procedure Manual Page 73
This Pa6v;ry
Intentionally Left
Blank
Operating Procedure Manual Page 74
600 Series
Public Records
Procedures
Operating Procedure Manual Page 75
This Page
Intentionally Left
Blank
Operating Procedure Manual Page 76
See also Personnel Policy 9.10
Operating Policy and Procedure 601
Records Management
1.0 Purpose
The purpose of this policy is to provide direction and guidance to City of Port Orchard
employees and elected officials in the management of records created or received relating to the
conduct of city business. In addition, this policy and procedures are to ensure the city manages
these records in compliance with Washington State retention rules and laws. Organizing and
managing records will save space, provide efficient access, maintain confidentiality where
needed, and reduce legal exposure in "discovery" proceedings.
2.0 Policy
2.1 What is a public record?
A. Chapter 40.14 of the Revised Code of Washington (RCW) contains regulations for
the retention, preservation and lawful destruction of public records, and grants
authority to Washington State Archives to preserve and protect public records.
(Chapter 42.56 RCW defines public records for the purposes of public records
requests.) Per RCW 40.14.010, "public records" are defined by three key criteria:
1. "Made or received by any agency in the State of Washington" Public
Records include both records that an agency creates and those that it receives or
collects. For example, when an agency solicits public comment on an issue, both
the request for comment and any comments received in response are public
records.
2. "In connection with the transaction of public business" A record provides
proof or evidence of agency business. Agency business includes not only the
core functions of an agency, but also support functions, such as finance, human
resources, and facility and asset management.
If a record meets the two criteria listed above, then it is a public record that
needs to be retained and managed.
3. "Regardless of physical form or characteristic" A public record, regardless
of the format in which it is sent or received. Not only paper records, photographs
or microfilm, but records that are created or received using any kind of digital
format or application. This includes emails, websites, wikis, databases, digital
photos, text messages, blogs, tweets, and any emerging technologies used to
conduct agency business. Having a record in a different format does not change
the retention requirements or disposition that is to be applied.
B. Note: Per RCW 40.14.020, public records are the property of the State of
Washington, and do not belong to the individuals who create or receive them. These
records must be kept, managed and disposed of lawfully, in accordance with
approved records retention schedules. Agencies need to be aware of what constitutes
a public record in order to capture, manage, retain, and dispose of them
Operating Procedure Manual Page 77
appropriately.
3.0 Procedures
3.1 Responsibilities
The City Clerk is designated as the Records Manager for the City. The City Clerk will
ensure the city-wide records management program is followed.
A. Records Manager Responsibility
1. Remain current and knowledgeable on the laws and rules governing records
retention that affects the City.
2. Periodically review the City's retention process to ensure that policies and
procedures are being followed and are current with State law.
3. Provide periodic training to Liaisons to assist them in managing their areas of
responsibility.
4. Oversee the destruction of records that have reached the end of their retention
period.
5. Oversee the appraisal of records that have reached the retention period and the
transfer of records to the Regional State Archives.
B. Department Responsibility
1. Department supervisors shall appoint a records management liaison for each
department. The Liaison shall be the point of contact between the department
and the City Clerk and will be expected to be the person most knowledgeable
about the City's records management policy and how it related to their
department.
C. Liaison Responsibility
1. Work with City Clerk and Information Technology staff to establish an
electronic file storage structure that assists in classifying and preserving the
electronic documents encountered in the department area of responsibility to
facilitate the management of documents meeting retention and/or destruction
rules.
2. Complete training as required by State law.
3. Train new staff on record retention process for your department.
D. Information Technology Staff Responsibility
1. Assist the City Clerk and Liaisons in developing, implementing and maintaining
an electronic records storage system that supports this policy.
2. Provide a secure, safe environment for the electronic records of the City.
3. Provide a Disaster Recovery Backup System to be maintained to exclusively
provide disaster recovery from catastrophic data loss. This system is not and
shall not be relied upon or used as a retention or archiving system.
4. Provide a minimal recovery period for city documents if accidentally or
inadvertently deleted.
E. Employees and Elected Officials Responsibility
Operating Procedure Manual Page 78
1. All employees shall follow the rules set forth in this policy in managing
documents, storing and identifying documents in locations and formats and in
compliance with retention requirements.
2. If an employee is unsure whether a record needs to be kept or if it falls into an
exclusion, the employee should consult with the Records Retention Schedule
and the Records Manager.
3.2.1.1 Record retention schedules
Employees shall keep records in accordance with the retention schedule guidelines as
set forth by the State of Washington Secretary of State, Washington State Archives,
found at: https://www.sos.wa.aov/archives/recordsmanaaement/select- type-of-local-
govemment.aspx. Before any record can be destroyed you shall check with your
supervisor or the records manager.
3.3 Paper Records
A Each department should routinely, no less than annually, dispose of its original paper
records that have met retention by disposing of the records through a secure
shredding company to protect confidentiality or by transferring the records to the
State archives.
B. Records that have a longer retention period can be boxed and transferred to a central
storage location until the retention has been met.
3.4 Electronic Records
A. Per WAC 434-662-040:
Electronic records must be retained in electronic format and remain usable,
searchable, retrievable and authentic for the length of the designated retention
period. This includes text and voice messages related to the conduct of city business.
Printing and retaining a hard copy are not a substitute for eliminating the electronic
version prior to meeting its required retention.
B. Per WAC 434-662-150 E-mail Management:
Emails created and received by any agency of the State of Washington in the
transaction of public business are public records for the purposes of RCW 40.14 and
are subject to the laws and regulations governing the retention, disclosure,
destruction and archiving of public records. The e-mails of elected government
officials and public employees that are created in the transaction of public business
are subject to the records retention periods and disposition promulgated by the State
records committees, and any and all said a -mails with archival value must be retained
or transferred to the digital archives.
3.5 Destruction of Non -Archival Paper Records After Imaging ("Scanning and
Tossing")
A The State Records Committee and the Local Records Committee have approved
destruction authorities for non -archival paper -based source records that have been
converted to a digital format by imaging (scanning) — and verified to be complete
and accurate — in accordance with the State Archives requirements. The destruction
Operating Procedure Manual Page 79
authority for non -archival local government agency source is provided by DAN
GS50-09-14. Archival records must not be destroyed.
B. Departments that wish to implement the "Scanning and Tossing" program must
follow the guidelines as set forth by the State of Washington Secretary of State,
Washington State Archives, found at:
https://www.sos.wa. gov/archives/recordsmanagement/how-to-scan-image-
records-and-go-paperles s. aspx
C. All departments that wish to implement the "Scanning and Tossing" program must
have a procedure in place confirming that:
1. The paper record is eligible for the "Scanning and Tossing" program.
2. The paper record is scanned and verified in a systematic and consistent
fashion that ensures a complete and accurate copy of the sourced record.
3. Where a complete and accurate image cannot be obtained and verified, or a
paper record is not completely legible, the paper record must be retained for
the entire minimum retention period.
4. Proper scanned format and resolution are used. Acceptable file formats
include TIFF, PNG, PDF, PDF/A, JPEG, JPEG 2000 and the recommended
density is 300 DPI. See Chapter 434-663 WAC.
5. Paper records will not be destroyed before images are verified to be complete
and accurate.
6. Electronic Record is managed, stored, and retained until it has met its
retention.
D. The department shall document that the original paper was converted and destroyed
lawfully under the appropriate disposition authority, and that the images are also
destroyed lawfully once the retention requirements have been met.
3.6 Documenting Records Transmittal to State Archives
Documentation of records transmitted to the State archives is required and shall be
recorded on the standard Archives Records Transmittal & Box Content List. An
Archives Records Transmittal & Box Content List documents transferred records and is
maintained by each department. This form serves as a permanent record and would be
utilized in any legal proceeding as evidence of proper transfer. See the Clerk's office for
the Archives Records Transmittal & Box Content List.
3.7 Documenting Records Disposal
Documentation of records destruction, both paper and scanned images, are required and
shall be recorded on the standard Destruction Log. A Public Records Destruction Log
documents disposed records and is maintained by each department. This form serves as
a permanent record and would be utilized in any legal proceeding as evidence of proper
destruction. See the Clerk's office for the standard Destruction Log.
Operating Procedure Manual Page 80
3.8 Exceptions to Retention Schedule
A Paper and Electronic Records MUST NOT be destroyed, regardless if the retention
schedule permits, when subject to any of the following:
1. Existing public records requests in accordance with RCW 42.56If there is a
pending request for records, you cannot destroy them even though the retention
period to keep it has passed. Once the records have been provided to the Public
Records Officer pursuant to the request, they may be logged on the destruction
log and destroyed.
2. Ongoing or reasonably anticipated litigation.
3. Legal requirements, federal statutes, grant agreements.
4. Archival transfer requirements found on the State Retention Schedule.
5. When a specific business need is identified and approved by the Department
Director.
6. Documents related to damage claims or litigation must be retained until
determined they can be released for standard retention.
4.0 References
4.1 State of Washington Secretary of State - Washington State Archives Laws and
Rules for Records Management:
A. Revised Code of Washington (RCW)
40.14 Preservation and Destruction of Public Records
40.16 Penal Provisions for the Intentional Destruction of Public Records
40.20 Reproduced Records
42.56 Public Records Act
B. Washington Administrative Code (WAC)
434-600 Promulgation
434-610 Definitions
434-615 Custody of Public Records
434-620 Powers and Duties (State Archivist)
434-624 Powers and Duties (State Records Committee)
434-626 Powers and Duties (State Agency Records Officers)
434-635 Local Records Disposition Authority 434-640 Methods of Records
Disposal
434-660 Standards for Public Records
434-662 Preservation of Electronic Records 434-663 Imaging Systems (Standards)
434-670 Local Records Grants Programs 434-677 Security Microfilm (Standards)
434-690 Archives (Public Records Access)
4.2 State of Washington Secretary of State - Washington State Archives
A. Basics of Records Management: Benefits of Managing Public Records Basics of
Public Records Management: What is a Public Record?
B. Records Management Advice Issued: March 2018
C. Requirements for the Destruction of Non -Archival Paper Records after Imaging
"Scanning and Tossing"
Operating Procedure Manual Page 81
4.3 State of Washington Secretary of State -Division of Archives and Records
Management
Essential Records Manual (Security Backup, Disaster Preparedness Response, and
Recovery)
Operating Procedure Manual Page 82
Operating Policy and Procedure 610
Public Records Requests
City of Port Orchard
Policies and Procedures for
Processing Public Records Requests
1.0 PURPOSE
Revised 10/11/2022
The City of Port Orchard ("the City") is committed to open and transparent government
consistent with the requirements of the Washington State Public Records Act, which provides
citizens with broad rights of access to public records. This document establishes and describes
the City's policies and procedures for processing public records requests.
2.o REFERENCES
2.1 Washington State Public Records Act: Ch. 42.56 RCW.
2.2 Port Orchard Municipal Code 1.18.
2.3 Public Records Act — Model Rules: Ch. 44-14 WAC.
3.o DEFINITIONS
3.1 "City" means City of Port Orchard.
3.2 "Employee" means the Mayor, City Council, Department Directors, and all other staff.
3.3 "Exempt" means that a law allows or requires the withholding of a record, or a portion
thereof, from disclosure.
3.4 "Fullest assistance" means a timely and thorough action and response to a public records
request.
3.5 "Public Records Officer" means the person designated by the City Council responsible
for processing public records requests received by the public; and is the person
responsible for establishing Public Records Act process for the City and assisting
departments with public records requests and responses. See POMC 1.18.020.
3.6 "Public record" means any writing containing information relating to the conduct of
government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by the City regardless of physical form or characteristics. (See
3.11 for definition of writing.) See City's Personnel Policy Manual Chapter 9, City
Property and Public Records regarding City business on personal computers, cell
phones, and other means of personal communication devices. This definition does not
include records that are not otherwise required to be retained by the City and are held
by volunteers who:
(a) Do not serve in an administrative capacity;
(b) Have not been appointed by the agency to an agency board, commission, or
internship; and
(c) Do not have a supervisory role or delegated City authority.
3.7 "Public Records Coordinator" ("coordinator") means the staff person(s) designated by
a department to lend leadership, support, and assistance to the public records officer.
Operating Procedure Manual Page 83
3.8 "Public Records Request Tracking System" ("Tracker") refers to the software
application that catalogs all public records requests and the status of responses for the
City.
3.9 "Redact" refers to the method of protecting from public viewing the portion of a record
that is statutorily exempt from public disclosure.
3.10 "Withholding log" is a list of records or portions thereof that are responsive to a public
records request but are exempt from disclosure, together with a reference to the specific
statutory exemption and a brief explanation as to why the record or portion thereof is
being withheld.
3.11 "Writing" means handwriting, typewriting, printing, photostating, photographing, and
every other means of recording any form of communication or representation
including, but not limited to, letters, words, pictures, sounds, or symbols, or
combination thereof, and all papers, maps, magnetic or paper tapes, photographic films
and prints, motion picture, film and video recordings, magnetic or punched cards,
discs, drums, diskettes, sound recordings, and other documents including existing data
compilations from which information may be obtained or translated.
4.o RESPONSIBILITIES
4.1 All employees are responsible for:
(a) Forwarding immediately all requests for public records to the public records
officer for processing in accordance with the procedures outlined in this policy.
(b) Saving all public records in accordance with the State's record retention schedule,
whether the record is created on a city computer or otherwise.
(c) Maintaining all public records in their original format, and making them available
to the public records officer upon request.
(d) Ensure Public Records Act training is completed within the guidelines set by the
State.
4.2 All employees shall follow the procedures outlined in this policy. Penalty for violation
is outlined in the Personnel Policies Manual Chapter io.i.
4.3 All departments are responsible for:
(a) Designating one or more public records coordinator(s).
(b) Establishing protocols for processing public records requests in the absence of the
designated public records coordinator.
(c) Ensuring that the public records coordinator receives public records training
outside of the City and/or administered by the public records officer.
4.4 The public records coordinator is responsible for:
(a) Accepting requests for disclosure of public records that are routine in nature.
Routine requests are defined in Section 6.6 of this policy.
(b) Processing requests in accordance with the disclosure requirements of RCW
42.56.58o, in a manner reasonably calculated to provide notice to the public.
(c) Assisting in identifying sources of responsive records and facilitating thorough
collection of records.
(d) Assisting in planning, managing, and reviewing completion of requests.
Operating Procedure Manual Page 84
(e) Alerting the public records officer of public records requests that are unusually
large or that affect more than one department.
4.5 The public records officer is responsible for:
(a) Accepting requests for disclosure of public records.
(b) Oversee the City's compliance with the disclosure requirement of RCW 42.56.58o
in a manner reasonably calculated to provide notice to the public.
(c) Providing instructions to departments on the Public Records Act and the
procedures described in this policy.
(d) Assisting departments with public records requests that are unusually large or
that affect more than one department.
(e) Providing notice to third parties, as needed.
(f) Providing the requestor with responses and a withholding/redaction long, if
needed.
(g) Developing and providing training for public records coordinators.
(h) Developing and maintaining resources for public records coordinators, such as
the Public Records Manual.
(i) Ensuring prompt review of decisions denying inspections of records. RCW
42.56.520.
5.o POLICY
5.1 Departments shall make available for inspection and copying all nonexempt public
records in accordance with the Washington State Public Records Act.
5.2 Providing fullest assistance. The City shall provide the "fullest assistance" to requestors;
ensure that public records are protected from damage or disorganization; and prevent
fulfilling public records requests from causing excessive interference with essential
functions of the City.
6.o PROCEDURES
6.1 Public records requests are encouraged to be made to the City's Public Records Center
on the City's website or in writing to the public records officer. Oral requests will be
accepted, and the substance will be promptly confirmed in writing to the requestor. The
City's public records request form shall be available on the City's website.
6.2 In the event that requested records contain information that affects third parties, the
public records officer may, before providing the records, give notice to affected persons
in accordance with RCW 42.56•540. The notice shall include a copy of the request.
6.3 If a department believes that a record or any part of a record is exempt from disclosure,
the public records officer shall provide to the requestor a written communication
identifying the record or portion withheld, the specific exemption relied upon and the
authority for the exemption, and briefly explaining how the exemption applies to the
record or portion withheld, including enough information for a requester to make a
threshold determination of whether the claimed exemption is proper. If only portions
of a record are exempt from disclosure, the public records officer shall redact the
Operating Procedure Manual Page 85
exempt portions and provide the nonexempt portions. The documentation described in
this section should be presented in the form of a withholding log.
6.4 A requestor may choose to have copies of records made instead of inspecting them.
Charges for photocopies or electronically produced copies shall be made in accordance
with RCW 42.56.07o and .120. and POW 1.18.070. The department may require a
deposit of up to ten percent of the estimated costs of copying all the records.
6.5 If the requestor chooses to inspect records before deciding whether to have copies
made, the department shall promptly provide space for inspection during regular
business hours except when and to the extent it would cause excessive interference with
other essential functions or unreasonably disrupt operations. A department employee
will observe and document the inspection. No member of the public may remove a
document from the viewing area or disassemble or alter any document. The requestor
may indicate which records he or she wishes to have the department copy.
6.6 Routine requests are those in which the documents are available on the City's website,
such as minutes, Ordinances, Resolutions, permits, or other documents routinely
produced and readily available for review. All requests not otherwise identified as large
or complex shall be considered routine requests and will be handled in the normal
course of business consistent with these policies and without undue delay caused by the
processing of large or complex requests.
6.7 Non -routine, large, or complex requests are those in which: 1) there is a question about
disclosure, in whole or in part; 2) the information requires more than a few minutes to
compile; or 3) the records requested come from more than one department or source.
In making this determination, the public records officer or designee should consider
relevant factors including, but not limited to:
a) the general, expansive, or all inclusive nature of the request;
b) the number of departments involved;
c) the location of records and available method of searching records;
d) the potential number of records implicated;
e) the rights of third parties;
f) the need for clarification of the request;
g) administrative tasks necessary to process the request;
h) the amount of time needed to review documents for applicable exemptions;
i) the need for legal review of the public records request; and
j) the format of relevant records.
6.8 When the request is for a large number of records, the public records officer shall
provide access for inspection and copying in installments, if applicable.
6.9 Public records requests will be handled in the order it is received. Should there be
multiple requests by the same requestor, the request that was first received will be
processed first and the other requests will be started after the previous request is
Operating Procedure Manual Page 86
complete.
6.10 Public records requests are an essential function of the City Clerk's office. The City finds
it reasonable to dedicate no more than twenty (20) percent of the department's time
responding to public records requests. The amount defined is based on the amount of
other core responsibilities outlined in their job descriptions.
6.11 A requestor may always choose to narrow or clarify a large or complex request. A
requestor may always make a new public records request that more specifically
identifies records needed and otherwise qualifies as a routine request, rescinding their
narrow or complex request. Requestors are encouraged to consider the needs of others
and utilize the public records request process responsibly.
6.12 If, within thirty (3o) days after notification that records are available for inspection or
copying, the requestor fails to inspect the entire set of records or one or more of the
installments, as applicable, the department may close the request and re -file the
records. The requestor shall be notified in writing of this action.
6.13 If, after informing the requestor that all responsive records have been provided, the
public records officer notifies the requestor that additional responsive records existed
at the time of the request, it shall promptly inform the requestor of the additional
records, provide a brief explanation of the circumstances, and provide them on an
expedited basis.
6.14 Departments shall not distinguish among persons requesting records, and such persons
shall not be required to provide information as to the purpose of the request unless
necessary to determine whether an exemption applies or whether a list of individuals is
being requested for commercial purposes.
6.15 Any person who objects to the initial denial or partial denial of a public records request
may petition in writing to the public records officer for a review of the decision. The
petition shall include a copy of or reasonably identify the written statement by the
public records officer denying the request. The public records officer shall promptly
consider the petition and either affirm or reverse the denial within two business days
following receipt of the petition.
7.0 PROCESSING PUBLIC RECORDS REQUESTS
7.1 Receive request for public records. If request is oral, provide written confirmation to
requestor.
7.2 Date stamp the request. Log the request into Tracker, including date of receipt, the
specific records requested, detailed notes about each communication with the
requestor, staff time spent on researching the request, and date closed.
7.3 Within five (5) business days of receipt of the request, do one or more of the following:
(a) Make the records available for inspection or copying;
(b) Provide an Internet address and link on the city's website to the specific records
request, unless the requestor notifies the agency they cannot access the records
Operating Procedure Manual Page 87
through the Internet, then the city must provide copies of the record or allow the
requester to view the copies. If copies are requested and payment of a deposit for
the copies, if any, is made or terms of payment are agreed upon, send the copies
to the requestor. The per page cost is defined in RCW 42.56.120;
(c) Acknowledge the request and provide to the requestor a reasonable estimate of
when the City will respond to the request;
(d) Acknowledge the request and ask for clarification of a request that is unclear, and
provide, to the greatest extent possible, a reasonable estimate of the time needed
to respond to the request if it is not clarified;
(e) If the request is unclear or does not sufficiently identify the requested records,
request clarification from the requestor. The clarification may be requested and
provided by telephone, in which case make a written record of the clarification. If
the requestor fails to respond to the request to clarify and the entire request is
unclear, the City may not respond to the request. Otherwise the City will respond
to the portions of the request that are clear; or
(f) Deny the request, notify the requestor of the denial, and provide a written
statement of the specific reasons for the denial.
7.4 If applicable, provide notice to third parties whose rights may be affected by the
disclosure.
7.5 If a request is from a labor union representing City employees, review the request with
Human Resources.
7.6 If a request is from a media representative, review the request with the public
information officer.
7.7 Identify and collect responsive records, and document steps taken.
7.8 Identify exemptions, if any, and redact or withhold exempt documents after consulting
with the public records officer as needed. See section 8.o.
7.9 Prepare withholding log, if applicable. A withholding log includes a description of the
specific record; the date of the record; the author; the subject; to whom the record is
addressed and copied; the number of pages, the statutory exemption being applied; and
a brief explanation of how the exemption applies to the record. The recommended
format for a withholding log is available in the Public Records Manual.
7.10 If the requestor wishes to receive copies without prior inspection, make arrangements
for payment and provide copies.
7.11 If the requestor seeks inspection, arrange for inspection at a time mutually agreed upon
by the requestor and the department. Designate an employee to observe and document
the inspection.
7.12 After inspection is complete, make requested copies or arrange for copying. Large
copying requests can be completed by an outside copying vendor.
7.13 Notify the requestor that the request is closed when:
Operating Procedure Manual Page 88
(a) A diligent search for the requested records has been made and all responsive
records have been produced and, if applicable, a withholding log has been
provided;
(b) A requestor has not, within thirty (3o) days of notification that records are
available for inspection or copying, inspected or requested copies of the records;
(c) A requestor has not, within thirty (3o) days of notification that copies have been
made, claimed and paid for copies; or
(d) A requestor has not, within thirty (3o) days of a request for clarification, provided
clarification.
7.14 The public records officer will work with the City Attorney on any petitions of denials
or partial denials.
8.o EXEMPTIONS
The Act provides that a number of records are exempt from public inspection and copying. In
addition, documents are exempt from disclosure if any "other statute" exempts or prohibits
disclosure. Additional statutes may exempt public records from disclosure include but are not
limited to:
RCW 2.64.111 Documents regarding discipline/retirement of judges
RCW 2.64.113 Confidentiality- violations
RCW 4.24.550 Information on sex offenders to public
RCW 5.6o.o6o Privileged communications
RCW 5.6o.070 Court -ordered mediation records
RCW 7.68.140 Victimsl compensation claims
RCW 7.69A.030(4) Child victims and witnesses- protection of identity
RCW 7.69A.05o Rights of child victims and witnesses - addresses
RCW 7.75.05o Records of Dispute Resolution Centers
RCW 9.51.05o Disclosing transaction of grand jury
RCW 9.51.o6o Disclosure of grand jury deposition
RCW 9.02.1oo Reproductive privacy
RCW 9A.82.17o Financial institution records- wrongful disclosure
RCW 10.27.ogo Grand jury testimony/evidence
RCW 10.27.16o Grand jury reports- release to public only by judicial order
RCW 10.29.030 Organized crime special inquiry judge
RCW 10.29.o90 Records of special inquiry judge proceedings
RCW 10.52.1oo Records identifying child victim of sexual assault
RCW 10.77.210 Records of persons committed for criminal insanity
RCW 10.97.040 Criminal history information released must include disposition
RCW 10.97.050 Conviction and criminal history information
RCW 10.97.o6o Deletion of certain criminal history record information, conditions
RCW 10.97.07o Disclosure of identity of suspect to victim
RCW 10.97.o8o Inspection of criminal record by subject
RCW 13.32A.ogo Crisis residential centers notice to parent about child
RCW 13.34•115 Court dependency proceedings
RCW 13.40.217 Juveniles adjudicated of sex offenses - release of information
RCW 13.50.010 Maintenance of and access to juvenile records
RCW 13.50.050 Juvenile offenders
RCW 13.50.100 Juvenile/children records not relating to offenses
RCW 13.6o.020 Missing children information
Operating Procedure Manual Page 89
RCW 13- 70.090 Citizen juvenile review board- confidentiality
RCW 15.120.050 Industrial hemp research program
RCW 18.04.405 Confidentiality of information gained by CPA
RCW 18.19.06o Notification to clients by counselors
RCW 18.19.18o Confidential communications with counselors
RCW 19.02.115 Licensing Information
RCW 19.215.O2o Destruction of personal health and financial information
RCW 19.215.030 Compliance with federal rules
RCW 26.04.175 Name and address of domestic violence victim in marriage records
RCW 26.12.17o Reports of child abuse/neglect with courts
RCW 26.23.050 Child support orders
RCW 26.23.120 Child support records
RCW 26.26.041 Uniform Parentage Act - protection of participants
RCW 26.26.450 Confidentiality of genetic testing
RCW 26.33.330 Sealed court adoption Records
RCW 26.33.34o Agency adoption records
RCW 26.33.343 Access to adoption records by confidential intermediary
RCW 26,33.345 Release of name of court for adoption or relinquishment
RCW 26.33.38o Adoption - identity of birth parents confidential
RCW 26.44.010 Privacy of reports on child abuse and neglect
RCW 26.44.020(19) Unfounded allegations of child abuse or neglect
RCW 26.44.O3o Reports of child abuse/neglect
RCW 26.44.125 Right to review and amend abuse finding- confidentiality
RCW 27.53.O7o Records identifying the location of archaeological sites
RCW 29A.o8.720 Voter registration records- place of registration confidential
RCW 29A.o8.710 Voter registration records- certain information exempt
RCW Chapter 40.14 Preservation and destruction of public records
RCW 42.23.070(4) Municipal officer disclosure of confidential information prohibited
RCW 42.41.030(7) Identity of local government whistleblower
RCW 42.41.045 Nondisclosure of protected information (whistleblower)
RCW 46.52.08o Traffic accident reports - confidentiality
RCW 46.52.083 Traffic accident reports - available to interested parties
RCW 46.52.12o Traffic crimes and infractions- confidential use by police and courts
RCW 46.52.130(2) Abstract of driving record
RCW 46.61.506 BAC and blood test results
RCW 48.O2.o65 Insurance commissioner
RCW 48.62.101 Local government insurance transactions - access to information
RCW 5O.13.o6o Access to employment security records by local government agencies
RCW 5O.13.10o Disclosure of non -identifiable information or with consent
RCW 51.28.070 Workers compensation records
RCW 51.36.06o Physician information on injured workers
RCW 60.7O.O4o No duty to disclose record of common law lien
RCW 68.50.105 Autopsy reports
RCW 68.5O.32o Dental identification records - available to law enforcement agencies
RCW Chapter 69.50 Uniform controlled substance
RCW Chapter 70.02 Medical records - access and disclosure - entire chapter.
RCW 7O-05.170 Child mortality reviews by local health departments
RCW 70.24.022 Public health agency information regarding sexually transmitted disease
investigations - confidential
RCW 70.24.024 Transcripts and records of hearings regarding sexually transmitted diseases
RCW 70.24.105 HIV/STD records
RCW 7O.28.O2o Local health department TB records - confidential
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RCW 70.48.10o Jail records and booking photos
RCW 70.58.055 Birth certificates - certain information confidential
RCW 70.58.104 Vital records, research confidentiality safeguards
RCW 70.96A.150 Alcohol and drug abuse treatment programs
RCW 70.123.075 Client records of domestic violence programs
RCW 70.125.065 Records of rape crisis centers in discovery
RCW 71.05.390 Information about mental health consumers
RCW 71.05.395 applies to mental health records
RCW 71.05.400 Information to next of kin or representative
RCW 71.05•425 Notice of release or transfer of committed person after offense dismissal
RCW 71.05.427 Information that can be released
RCW 71.05.430 Statistical data
RCW 71.05.440 Penalties for unauthorized release of information
RCW 71.05.445 Release of mental health information to Dept. of Corrections
RCW 71.05.62o Authorization requirements and access to court records
RCW 71.05.63o Release of mental health treatment records
RCW 71.05.64o Access to treatment records
RCW 71.05.65o Accounting of disclosures
RCW 71.24.035(5)(9) Mental health information system
RCW 71.34.200 Mental health treatment of minors
RCW 71.34.210 Court records for minors related to mental health treatment
RCW 71.34.225 Release of mental health services information
RCW 71A.14.07o Records regarding developmental disability
RCW 72.09.345 Notice to public about sex offenders
RCW 72.09.585(3) Disclosure of inmate records to local agencies
RCW 73.04.030 Veterans discharge papers
RCW 74.04.06o Applicants and recipients of public assistance
RCW 74.04.52o Food stamp program confidentiality
RCW 74.09.900 Medical assistance
RCW 74.13.121 Financial information of adoptive parents
RCW 74.13.28o Children in out -of -home placements
RCW 74.20.28o Child support enforcement - local agency cooperation, information
RCW 74.34.095 Abuse of vulnerable adults - confidentiality of investigations and reports. RCW
82.32.33o Disclosure of tax information
RCW 84•36.389 Confidential income data in property tax records held by assessor
RCW 84.40.020 Confidential income data supplied to assessor regarding real property
18 USC Sec 2721 Driver's Privacy Protection Act
20 USC§ 1232g Family Education Rights and Privacy Act
42 USC 29odd-2 Confidentiality of Substance Abuse Records
42 USC 405(c)(2)(vii)(1) Limits on Use and Disclosure of Social Security Numbers.
42 USC 654(26) State Plans for Child Support
42 USC 671(a)(8) State Plans for Foster Care and Adoption Assistance
42 USC 1396a(7) State Plans for Medical Assistance
5 USR Sec. 552(a) Social Security Numbers
7 CFR 272. l(c) Food Stamp Applicants and Recipients
28 CFR Sec. 513.2o(b) FBI and WA Rap sheet
34 CFR 361.38 State Vocational Rehabilitation Services Programs
42 CFR Part 2 (2.1-2.67) Confidentiality of Alcohol and Drug Abuse Patient Records
42 CFR 431.300-307 Safeguarding Information on Applicants and Recipients of Medical
Assistance
42 CFR 483.420 Client Protections for Intermediate Care Facilities for the Mentally Retarded
42 CFR 51o6a(b)(2)(A) Grants to States for Child Abuse and Neglect Prevention and Treatment
Operating Procedure Manual Page 91
Programs
45 CFR 160-164 HIPAA Privacy Rule
9.o Body worn camera recordings.
a) The following procedures shall govern a request for "body worn camera recording", as
defined at RCW 42.56.240(14)(9)(i), to supplement the City's Policies and Procedures for
Processing Public Records.
b) The City may charge the reasonable costs of redacting, altering, distorting, pixelating,
suppressing, or otherwise obscuring any portion of the body worn camera recording prior
to disclosure to the extent necessary to comply with the exemptions in this chapter or any
applicable law. For the purposes of providing requestors estimated redaction costs of a
body camera request, it is estimated that redacting takes ten minutes of staff time per one
minute of raw footage for targeted video redaction (with or without audio redaction); five
minutes of staff time per one minute of raw footage for targeted audio redaction alone;
and one minute total per video for complete screen redaction and audio removal.
Based on the costs associated with redaction, including actual administrative staff
salaries, the charge levied for redaction of body worn camera video is set at a rate of $60
per hour (prorated at $1 per minute). The City may require a deposit in an amount not
to exceed ten percent of the estimated cost of providing the recordings, which shall be
paid prior to the processing of the request or installment, where applicable. The City
shall also charge the actual cost of digital storage media or device for transmitting the
requested recordings.
c) A request for body camera footage pursuant to RCW 42.56.240(14) made by the
following shall be exempt from the aforementioned redaction costs:
• a person directly involved in an incident recorded by the requested body worn
camera recording; or
• an attorney representing a person directly involved in an incident recorded by the
requested body worn camera recording; or
• a person or his or her attorney who requests a body worn camera recording relevant
to a criminal case involving that person; or
• the executive director from either the Washington state commission on African
American affairs, Asian Pacific American affairs, or Hispanic affairs; or
• an attorney who represents a person regarding a potential or existing civil cause of
action involving the denial of civil rights under the federal or state Constitution, or a
violation of a United States department of justice settlement agreement (subject to
an explanation as to the relevancy of the requested body worn camera recording to
the cause of action)
d) Body cam footage must be redacted in conformance with statutory exemptions,
including but not limited to redactions of the following:
• Any areas of a medical facility, counseling, or therapeutic program office where:
o A patient is registered to receive treatment, receiving treatment, waiting for
treatment, or being transported in the course of treatment; or
o Health care information is shared with patients, their families, or among the care
team; or
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o Information that meets the definition of protected health information for
purposes of the health insurance portability and accountability act of 1996 or
health care information for purposes of chapter 70.02 RCW.
• The interior of a place of residence where a person has a reasonable expectation of
privacy.
• An intimate image.
• A minor.
• The body of a deceased person.
• The identity of or communications from a victim or witness of an incident involving
domestic violence as defined in RCW 10.99.020 or sexual assault as defined in RCW
70.125.030, or disclosure of intimate images as defined in RCW 9A.86.o10. If at the
time of recording the victim or witness indicates a desire for disclosure or
nondisclosure of the recorded identity or communications, such desire shall govern;
or
• The identifiable location information of a community -based domestic violence
program as defined in RCW 70.123.020, or emergency shelter as defined in RCW
70.123.020.
Nothing in this policy or in RCW 42.56.240 shall be construed to restrict access to body worn
camera recordings as otherwise permitted by law for official or recognized civilian and
accountability bodies or pursuant to any court order.
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620 Employee Information Exemption from Public Records
Purpose
To ensure the safety and privacy of employees that are victims of or have dependents that are victims
of domestic violence, sexual assault, sexual abuse, stalking, or harassment. It is the policy of the City
of Port Orchard to protect the confidentiality and privacy of those victims and to hold confidential all
personally identifying or individual information, communications, observations, and information made
by, between, or about victims to the extent permitted under State law.
Applicable to
All employees or volunteers.
References
Washington State Engrossed Substitute House Bill 1533 — Effective May 15, 2023
RCW 5.68.010
RCW 7.105.010
RCW 7.125.030
RCW 9A.46.020
RCW 9A.46.110
RCW 10.99.020
RCW 40.24
RCW 42.56.250(1)(i)
Definitions
Confidential Information. Any written or spoken information shared in confidence, which
includes any information that might identify the location or identity of someone who is a
victim or has a dependent that is a victim of. domestic violence, dating violence, sexual
assault, or stalking.
Domestic Violence. The intentional, willful, or reckless action of inflicting physical harm, bodily
injury, assault, or the infliction of fear of physical harm, bodily injury, or assault;
nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control;
unlawful harassment; or stalking of one intimate partner by another intimate partner; or the
infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct
or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of
one family or household member by another family or household member or by one intimate
partner against another intimate partner (RCW 10.99.020(4) & RCW 7.105.010(9)).
Employee. Personnel that are appointed or hired for a regular, temporary, extra hire, or project
position within the City.
Harassment. Intent to harass or intimidate any other person, uses any lewd, lascivious, indecent,
or obscene words, images, or language, or suggests the commission of any lewd or
lascivious act; is made anonymously or repeatedly; contains a threat to inflict bodily injury
immediately or in the future on the person threatened or to any other person; or contains a
threat to damage, immediately or in the future, the property of the person threatened or of
any other person; without lawful authority, the person knowingly threatens to cause bodily
injury immediately or in the future to the person threatened or to any other person; or to
Operating Procedure Manual Page 95
cause physical damage to the property of a person other than the actor; or to subject the
person threatened or any other person to physical confinement or restraint; or maliciously
to do any other act which is intended to substantially harm the person threatened or another
with respect to his or her physical or mental health or safety; and the person by words or
conduct places the person threatened in reasonable fear that the threat will be carried out.
"Words or conduct" includes, in addition to any other form of communication or conduct,
the sending of an electronic communication (RCW 9A.46.020 & RCW 7.105.010(36)).
Personally Identifying Information. Individually identifying information about an individual and
includes information likely to disclose the location of a victim of domestic violence, dating
violence, sexual assault, or stalking.
Sexual Abuse. Any form of nonconsensual sexual conduct including, but not limited to, unwanted
or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually
explicit photographing or recording, voyeurism, indecent exposure, or sexual harassment
(RCW 7.105.010(2)(e)).
Sexual Assault. Rape or rape of a child; Assault with intent to commit rape or rape of a child; Incest
or indecent liberties; Child molestation; Sexual misconduct with a minor; Custodial sexual
misconduct; Crimes with a sexual motivation; Sexual exploitation or commercial sex abuse
of a minor; Promoting prostitution; or an attempt to commit any of the aforementioned
offense (RCW 70.125.030(7)).
Stalking. Anyone who intentionally and repeatedly harasses or repeatedly follows another person;
The person being harassed or followed is placed in fear that the stalker intends to injure the
person, another person, or property of the person or of another person (the feeling of fear
must be one that a reasonable person in the same situation would experience under all the
circumstances); and the stalker either intends to frighten, intimidate, or harass the person;
or knows or reasonably should know that the person is afraid, intimidated, or harassed even
if the stalker did not intend to place the person in fear or intimidate or harass the person
(RCW 9A.46.110 & RCW 7.105.010(34)).
Verified Statement. A statement signed under penalty of perjury, in accordance with RCW
42.56.250(1)(i) that identifies the alleged perpetrator(s) by name and, if possible, image or
likeness, or from the employee a police report, protection order petition, or other
documentation of allegations related to the domestic violence, sexual assault or abuse,
stalking, or harassment which has been verified by the City.
Responsibilities
Employee.
It is the responsibility of the employee to provide information to the City in the form of a sworn
statement and to disclose documentation to support the sworn statement in order for the City to
verify that the exception in RCW 42.56.250(1)(i) applies.
Human Resources.
It is the responsibility of Human Resources to apply this Policy and to verify the supported
documents.
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Statements of Policy and Procedure
General. The Washington State legislature passed House Bill 1533 April 19, 2023, and became
effective May 15, 2023. HB 1533 adopts a Public Records Act (PRA) exemption protecting an
employee's personally identifiable information if they or a dependent are a survivor of domestic
violence, sexual assault, stalking or harassment as defined in state law.
Verified Sworn Statement. Except as applied to public records requests from the news media or as
otherwise required by law, during the time an employee's verified sworn statement is in effect, the City
redacts as exempt the employee's personally identifiable information such as job title, address of
workstations and locations, work email address, work phone number, or bargaining unit, from
disclosures under the PRA.
Exemption Basis. There shall two basis for an exemption under RCW 42.56.250(1)(i): (1) being a
victim or having a dependent that is a victim of domestic violence, sexual assault, sexual abuse,
stalking, or harassment, as defined under the specific criminal procedure statute, Victims of Sexual
Assault Act, civil protection order statute, or criminal code; or (2) employees who participated in the
Address Confidentiality Program (ACP) as administered by the Washington Secretary of State. Either
basis requires the employee to submit a sworn statement with information or evidence to establish
eligibility which will be verified by the City.
Information Required. For employees who are participants of the ACP as administered by the
Washington Secretary of State, the employee shall provide proof of such participation and complete
and submit the Application for Exemption form (available from Human Resources). If the employee is
not a participant of the ACP, they shall provide a sworn statement (through the use of the Application
for Exemption form) verified by the Human Resources Director, or designee, that the employee or their
dependent is a survivor of domestic violence, sexual assault, stalking, or harassment as defined in state
law. In addition to the sworn statement, the employee is required to provide documentation that
identifies the alleged perpetrator by name and, if possible, image or likeness, or by providing a copy of
the police report, protection order petition, or other documentation of the allegation. The Application
for Exemption expires after two years but may be renewed by providing a new sworn statement or
providing proof of enrollment in the ACP.
Storage of Verified Statement. The completed Verified Statement form will be saved in the
employee's personnel file and will be kept confidential in accordance with State law and may not be
disclosed without consent of the employee who submitted the documentation unless otherwise required
by law. Any additional supporting documentation as listed in this section will not be kept by city
personnel. The Application for Exemption, will be kept in a separate folder that is marked
"confidential" and shall be kept and maintained in such a manner as to safeguard its contents.
List of Employees Maintained and Updated. The Human Resources Director shall provide lists of
employees who are subject to the exemption in RCW 42.56.250(1)(i) to the Public Records Officers.
Such list shall include the date upon which such exemption will expire. This list will be updated
whenever a new employee is added or removed from the list. The Public Records Officers shall include
review of the list anytime a public records request is made that will result in release of employee
information. The list of employees under this section shall be kept confidential and stored or managed
in such a matter as to safeguard its contents.
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Notice to Police or Other Employees. With the permission of the employee, information about the
alleged perpetrator(s) of domestic violence, sexual assault, stalking, or harassment which are described
in the verified statement may be provided to police or other employees if such information would be
likely to increase safety and security for the employee or other people who may be working or doing
business at City facilities.
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