08/17/2010 - Work Study - PacketCITY OF PORT ORCHARD
Mayor:
Lary Coppola
Administrative Official
Councilmembers:
Fred Chang
Chair: LTAC
Staff: Clerk's Office
Tourism Committee
Public Property Committee
Jerry Childs
Chair: Tourism Committee
Staff: Clerk's Office
Finance Committee
John Clauson
Chair: Finance Committee
Staff: City Treasurer
Utilities/SAC Committee
Kitsap County Health
Jim Colebank
Tourism Committee
KRCC/PSRC/KEDA/PRTPO
Fred Olin
Chair: Public Property Committee
Staff: Planning Department
Utilities/SAC Committee
Carolyn Powers
Public Property Committee
KRCC/TransPol
Rob Putaansuu
Chair: Utilities Committee
Staff: Public Works Department
Finance Committee
Kitsap Housing Authority
SAC Committee
Department Director:
Patti Kirkpatrick, CMC
Administrative Services
City Clerk
Allan Martin
City Treasurer
Debbie Hunt
Court Administrator
James Weaver
Development Director
Al Townsend
Police Chief
Mark Dorsey, P.E.
Public Works Director
City Engineer
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(36o)876-4407
WORK STUDY SESSION
AGENDA
August 17, 2010
i. City Clerk Discussion Items:
A. Personnel Policy Revisions
B. Amendment No. 1 to Kitsap Regional Library Contract
Estimated discussion time: 15 Minutes
2. Mayor Discussion Items:
A. Website Upgrades and Social Media
B. City's Facility Upgrades
C. National Arbor Day Foundation Request
Estimated discussion time: 20 Minutes
3. Planning Director Discussion Items:
A. Veteran's Memorial Wall
B. 2010 Comp Plan Update
C. County -Wide Planning Policy Updates
D. McCormick Woods Developer Park Plan
Estimated discussion time: 30 Minutes
4. Public Works Director Discussion Items:
A. Boat Launch (Dekalb Pier/Water Street Ramp)
B. Tremont Street Lighting
C. WaterPak and USGS Groundwater Survey
Estimated discussion time: 30 Minutes
5. Council Review of Goals and Objectives
Estimated discussion time: 30 Minutes
FUTURE DISCUSSION ITEMS (Please advise City Clerk when an item needs to
move to the next work study session agenda):
Financial Plan
Annexation Priorities
Economic Revitalization and Tourism
Parking Garage
Parks
Chain Parking
Design Review Board
Council Budget
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
Meeting materials are available on the City's website: www.cityofportorchard.us or by contacting the City Clerk's Office, 36o.876.4407
August 17, 2010, Work Study Session Agenda Page 1 of 1
CITY OF PORT ORCHARD
PERSONNEL POLICIES MANUAL
Table of Contents
SECTION PAGE
CHAPTER 1. PURPOSE AND SCOPE............................................................................ 1
1.1 INTRODUCTION................................................................................................1
1.2 PURPOSE.............................................................................................................1
1.3 SCOPE OF POLICIES.........................................................................................1
1.4 CITY'S RIGHT TO MODIFY THESE POLICIES.............................................2
CHAPTER 2. GENERAL POLICIES AND PRACTICES ...............................................
3
2.1
EQUAL EMPLOYMENT OPPORTUNITY POLICY........................................3
2.2
LIFE THREATENING AND/OR SERIOUS ILLNESS/CONDITION
POLICY................................................................................................................3
2.3
ANTI -HARASSMENT AND ANTI -DISCRIMINATION POLICY ..................4
2.4
ELIGIBLITY FOR EMPLOYMENT...................................................................8
2.5
EMPLOYEE PERSONNEL RECORDS..............................................................9
2.6
REFERENCE AND INFORMATION REQUESTS..........................................10
CHAPTER 3. HIRING....................................................................................................
11
3.1
RECRUITMENT................................................................................................11
3.2
NEW HIRE SELECTION..................................................................................11
3.3
INTRODUCTORY PERIOD..............................................................................12
3.4
ORIENTATION.................................................................................................12
3.5
EMPLOYMENT OF FAMILY MEMBERS......................................................12
3.6
TEMPORARY EMPLOYEES...........................................................................13
3.7
VOLUNTEERS..................................................................................................13
3.8
COMMUNITY SERVICES WORKERS AND OTHER COURT
REFERRALS......................................................................................................13
3.9
USE OF CONTRACT OR SPECIAL SERVICES.............................................13
CHAPTER 4. HOURS AND ATTENDANCE...............................................................
15
4.1
WORKING HOURS...........................................................................................15
4.2
ATTENDANCE..................................................................................................15
4.3
REPORTING WORK HOURS..........................................................................16
4.4
UNUSUAL WEATHER CONDITIONS...........................................................16
4.5
BREAKS AND MEAL PERIODS FOR NON-EXEMPT EMPLOYEES .........
16
4.6
PAYROLL RECORDS.......................................................................................17
CHAPTER 5. COMPENSATION...................................................................................
18
5.1
EMPLOYEE PAY RATES.................................................................................18
Personnel Policies Manual
Page i
5.2
EMPLOYEE CLASSIFICATIONS....................................................................18
5.3
JOB SHARING...................................................................................................18
5.4
PAYDAYS..........................................................................................................19
5.5
DESIGNATED WORK WEEK.........................................................................19
5.6
TIMEKEEPING REQUIREMENTS..................................................................19
5.7
DEDUCTIONS...................................................................................................20
5.8
ELIGIBILITY FOR OVERTIME.......................................................................20
5.9
COMPENSATORY TIME.................................................................................21
5.10
COMPENSATION UPON TERMINATION....................................................21
5.11
EXIT INTERVIEWS..........................................................................................22
5.12
POLICY PROHIBITING IMPROPER DEDUCTIONS FROM
EMPLOYEE PAYCHECKS..............................................................................22
CHAPTER
6. PERFORMANCE EVALUATIONS AND TRAINING .........................
23
6.1
PERFORMANCE EVALUATIONS..................................................................23
6.2
TRAINING AND EDUCATION.......................................................................23
6.3
EMPLOYEE SPECIAL TRAINING OBLIGATIONS......................................23
6.4
EDUCATIONAL ASSISTANCE PROGRAM FOR NON -UNION CITY
EMPLOYEES.....................................................................................................24
6.4.1
Eligibility.........................................................................................................
24
6.4.2
Educational Incentive Pay................................................................................
24
6.4.3
Tuition Reimbursement....................................................................................
25
CHAPTER
7. BENEFITS................................................................................................
27
7.1
RETIREMENT BENEFITS................................................................................27
7.2
WORKERS' COMPENSATION.......................................................................27
7.3
HEALTH INSURANCE BENEFITS.................................................................29
7.4
CONTINUATION OF INSURANCE COVERAGE.........................................30
7.5
EMPLOYEE ASSISTANCE PROGRAM.........................................................31
CHAPTER 8. LEAVE........................................................................................
8.1 VACATION LEAVE............................................................................
8.2 LEAVE SHARING...............................................................................
8.3 PERSONAL HOLIDAYS....................................................................
8.4 SICK LEAVE.......................................................................................
8.5 LEAVE WITHOUT PAY.....................................................................
8.6 JURY AND WITNESS LEAVE..........................................................
8.7 DOMESTIC VIOLENCE LEAVE .......................................................
8.8 ADMINISTRATIVE LEAVE..............................................................
8.9 MILITARY LEAVE.............................................................................
8.10 HOLIDAYS..........................................................................................
8.11 RELIGIOUS HOLIDAYS....................................................................
8.12 THE FEDERAL FAMILY AND MEDICAL LEAVE ACT OF 1993
(FMLA) AND RELATED LEAVE UNDER WASHINGTON LAW.
Personnel Policies Manual
Page ii
........... 32
............32
............33
............35
............36
............38
............39
............40
............40
............40
............41
............42
.............42
CHAPTER 9. CITY PROPERTY AND PUBLIC RECORDS .......................................
51
9.1
ISSUANCE, USE, AND RETURN OF CITY PROPERTY..............................51
9.2
USE OF CITY ISSUED CELL PHONES..........................................................51
9.3
GENERAL POLICY REGARDING USE OF THE CITY'S
RESOURCES.....................................................................................................52
9.4
EMPLOYEE'S RESPONSIBILITY FOR CITY ISSUED EQUIPMENT ........56
9.5
USE OF CITY VEHICLES................................................................................56
9.6
USE OF PERSONAL VEHICLES.....................................................................58
9.7
USE OF CITY CREDIT CARDS.......................................................................58
9.8
EMPLOYEE REIMBURSEMENT OF EXPENSES.........................................59
9.9
PUBLIC RECORDS REQUESTS......................................................................66
9.10
PUBLIC RECORDS RETENTION...................................................................66
CHAPTER 10. EMPLOYEE RESPONSIBILITIES AND CONDUCT ......................... 68
10.1 GENERAL CODE OF CONDUCT....................................................................68
10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST ....................70
10.3 PROHIBITION OF WORKPLACE VIOLENCE..............................................72
10.4 CONFIDENTIALITY OF BUSINESS INFORMATION..................................72
10.5 CONDUCT TOWARD CO-WORKERS AND THE PUBLIC ..........................73
10.6 NO SMOKING POLICY....................................................................................73
10.7 PERSONAL POSSESSIONS AND USE OF CITY VEHICLES AND
EQUIPMENT.....................................................................................................73
10.8
CONTACT WITH THE NEWS MEDIA...........................................................74
10.9
SEAT BELT AND DRIVER/EQUIPMENT OPERATOR SAFETY ...............74
10.10
SAFETY COMMITTEE.....................................................................................75
10.11
DRIVER'S LICENSE REQUIREMENTS.........................................................75
10.12
POLITICAL ACTIVITIES.................................................................................75
10.13
SOLICITATION.................................................................................................75
10.14
ACCIDENT PREVENTION AND SAFETY....................................................75
10.15
SUBSTANCE ABUSE.......................................................................................77
10.16
PROFESSIONAL ATTIRE POLICY.................................................................82
CHAPTER 11. IMPROPER GOVERNMENTAL ACTION POLICY .......................... 83
11.1 REPORTING IMPROPER GOVERNMENTAL ACTION...............................83
CHAPTER 12. OTHER EMPLOYMENT PRACTICES AND POLICIES ................... 89
12.1 OPEN COMMUNICATIONS POLICY.............................................................89
12.2 REDUCTIONS IN FORCE................................................................................89
12.3 REHIRE POLICY...............................................................................................89
CHAPTER 13. EMPLOYEE RECOGNITION AND WELLNESS ............................... 90
13.1 EMPLOYEE WELLNESS.................................................................................90
13.2 EMPLOYEE RECOGNITION PROGRAM......................................................90
ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF PORT ORCHARD'S
PERSONNEL POLICIES MANUAL.............................................................................. 91
Personnel Policies Manual
Page iii
CHAPTER 1.
PURPOSE AND SCOPE
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.
fw4mm11 7' 91"
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 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
Personnel Policies Manual
Page 1
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 RIGHT 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 her/his designee is empowered
with the authority to establish any administrative regulations necessary to further
implement these policies.
Personnel Policies Manual
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CHAPTER 2.
GENERAL POLICIES AND PRACTICES
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 he/she needs 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 Coordinator. Similarly, any employee or applicant who needs an
accommodation to perform their job due to their religious beliefs should contact the
Human Resources Coordinator. The employee or applicant should advise, in writing, the
Human Resources Coordinator 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 Coordinator, 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 Coordinator. 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.
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
Personnel Policies Manual
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condition does not pose a health or safety threat to the employee, his/her 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 his/her 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 he/she believes they may need some type of accommodation should promptly
notify the Human Resources Coordinator 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 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
Personnel Policies Manual
Page 4
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.
Personnel Policies Manual
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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.
REPORTING HARASSMENT OR DISCRIMINATION
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 Coordinator 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 he/she
Personnel Policies Manual
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knows 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 Coordinator; 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 Coordinator 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 he/she (or someone else) has 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 Coordinator. The Department Director
shall forward any such complaint to the Human Resources Coordinator.
The Mayor (or his/her 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 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
Personnel Policies Manual
Page 7
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 Coordinator 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 Coordinator 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.
The Human Resources Coordinator has the primary responsibility for
implementing this Policy. Any employee with questions regarding this Policy should
contact the Human Resources Coordinator. Please join us in our efforts to make the City
of Port Orchard an enjoyable place to work for all employees.
2.4 ELIGIBLITY FOR EMPLOYMENT
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
his/her 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, he/she must provide proof that he/she has 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
Personnel Policies Manual
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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.
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 his/her 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 his or her 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 his/her sole discretion, that the circumstances require that the
information be retained for a longer period of time.
Personnel Policies Manual
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Employees must notify the Human Resources Coordinator of any changes to their
name, address, phone number or contact information, beneficiary designations or
dependents, and emergency contact information, 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
inquires 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, he/she, 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.
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CHAPTER 3.
HIRING
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 his/her
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 his/her
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 may review the
position, its job description, and the need for such a position prior to any posting or
advertisement of the vacancy.
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 must 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 Human Resources Coordinator, with Department Director approval,
may choose (if determined appropriate in the City's discretion) to circulate a promotional
opportunity within the City and/or post the same on the City's bulletin boards.
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3.3 INTRODUCTORY PERIOD
Upon hire, all employees enter an introductory 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.
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.
3.4 ORIENTATION
New hires will participate in an orientation program conducted by the Human
Resource Coordinator. 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. 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 reside in the same household
as 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
begin sharing living quarters with one another and, in the City's judgment, the potential
problems noted above exist, or reasonably could exist, 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
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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 begin sharing living quarters 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, registered
domestic partner, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin,
corresponding in-law, "step" or "half' relation, or any member of the employee's
household.
3.6 TEMPORARY EMPLOYEES
The City may use temporary employees 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
positions.
Compensation/Benefits: Temporary employees are eligible for overtime pay as
required by law. Temporary employees do not receive retirement, vacation, personal and
family leave, health insurance, holidays or any other benefits unless otherwise required
by law.
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
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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
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.
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CHAPTER 4.
HOURS AND ATTENDANCE
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 his or her 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 his/her 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. 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 his or her 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.
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.
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4.3 REPORTING WORK HOURS
Non-exempt employees must accurately record the time they begin and end their
work, as well as the beginning and ending time of each meal period. They must also
record the beginning and ending time of any split shift or departure from work for
personal reasons.
It is the employee's responsibility to fill in his or her time record to certify the
accuracy of all time recorded. The applicable Department Director or his/her designee
will review and then initial the time record before submitting it for payroll processing. In
the event of an error in reporting time, immediately report the problem to the department
timekeeper.
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
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 his or her 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.
4.5 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 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
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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 ten (10) 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.
4.6 PAYROLL RECORDS
The official payroll records are kept by the City Treasurer. Each non-exempt
employee shall turn in to their supervisor on a daily basis a signed work record noting
hours worked, leave taken and overtime worked. All employee time records must be
reviewed and approved by the Department Director or his/her 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.
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CHAPTER 5.
COMPENSATION
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.
5.2 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 employee can terminate his/her 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 his/her 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 Coordinator for eligibility requirements and information
as to specific benefits for which you may be eligible.
091�1 : I1:T.MOV]
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.
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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. If a regularly scheduled payday falls on a
holiday, paychecks may be distributed on the preceding regularly scheduled working day.
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. 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. Daily Personnel Status Reports are 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 must be filled out
daily, and certified as accurate by the employee, and turned in to the appropriate
supervisory personnel at the end of the employee's work day (however, each Department
Head shall have the discretion to allow their employees' timesheets to be completed at
longer intervals).
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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 Coordinator.
Non -Exempt Employees:
The City will pay time and one-half of a non-exempt employee's regular rate of
pay for hours worked in excess of 40 hours per designated workweek in compliance with
state and federal law. Paid leave, such as holiday, sick or vacation pay, are not treated as
hours worked for purposes of computing overtime pay. 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 worked must be approved by the employee's supervisor in
advance. 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.
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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. If the compensatory time off option is exercised, the employee is credited with
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.
Timeframes for use of compensatory time are regulated by applicable law, City
resolution, City operational needs, employee compensatory time agreements (if any)
and/or collective bargaining agreements. 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 his or her final paycheck on the
next regularly scheduled payday:
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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 he/she has 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 he/she has 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
At the City's option, an exit interview may be offered to allow any employee who
has quit voluntarily an opportunity to share their work experience with management 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.
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 Department.
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.
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CHAPTER 6.
PERFORMANCE EVALUATIONS AND TRAINING
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 he/she 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.
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
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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 his or her 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 his or her base pay per hour.
must:
In order to be eligible for education incentive pay under this Policy, the employee
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
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 his/her designee for the employee to
receive education incentive pay under this Policy.
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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 his/her 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 his/her 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. He/she must be a regular full-time employee of the City of Port Orchard;
2. Prior to enrollment, the Mayor or his/her 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 he/she seeks
reimbursement with a passing grade. The employee shall provide appropriate
documentation (as determined by the City in its discretion) to the Mayor or
his/her 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
5. Funds to reimburse the employee for tuition must be available in the current
applicable department budget.
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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 him/her 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.
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CHAPTER 7.
BENEFITS
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 Department.
Employees intending to retire are requested to notify their Department Director
and the Human Resources Department of their intent to retire at least three months prior
to the date of retirement.
7.2 WORKERS' COMPENSATION
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.
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 Coordinator. The failure of any employee to
timely report a job -related accident, injury, or illness to his/her 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 avoided in
the future.
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 an job -related
accident, or in other circumstances determined appropriate by the City, he/she may also
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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.
When an employee is absent for one or more days due to an on-the-job accident,
injury, or illness, he/she is required to file a claim for Workers' Compensation. Pending
receipt of Workers' Compensation benefits, the employee shall continue to receive their
regular compensation for any absence from work through the use of their accrued leave,
if any. If the employee does not have accrued leave, then the employee's absence shall
be unpaid.
To the extent permissible under applicable law, the City may require an employee
on leave for an on-the-job injury or illness to use any accrued paid time off (to the extent
available) concurrently with their absence to supplement any deficiency between his/her
regular compensation for their normal working and their Workers' Compensation
benefits. The purpose of this Policy is to assist employees with prompt and regular
payments during periods of incapacity, so long as the employee has accrued leave
available for his/her use, while at the same time ensuring that no employee receives more
than he/she would have received had the incapacity not occurred and that the employee
does not receive more compensation than if he/she were actively working. Employees
do not have the option to "buy back" accrued leave with their L&I check.
The City may require any leave of absence under this Policy to run concurrently
with any other leave of absence to which the employee may be entitled.
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.
If necessary and appropriate, the City may explore whether an injured or ill
employee can return to work to a temporarily modified job while they recover. There is
no guarantee, however, that such temporarily modified job and/or job duties will be
available or will remain available. The availability and duration of such work, if any, is
subject to the City's operational needs and discretion.
If an employee is unable to return to work after his/her 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.
To the extent permissible under the law, the City may require an examination
(and/or a 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
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work and/or if he/she 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.
7.3 HEALTH 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.
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.
Medical Coverage. For regular full-time employees, the City currently provides
medical insurance coverage (these employees shall pay a portion of the cost for this
insurance, as determined appropriate by the City in its discretion). For regular part-time
employees hired prior to December 9, 1996, the City currently pays 100% of the medical
insurance premium, less applicable an employee contribution determined appropriate by
the City in its discretion, for the employee only. 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. For regular part-time employees
hired after December 9, 1996, the City currently 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.
Dental Coverage. For regular full-time employees only, the City currently
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.
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Vision Coverage. For regular full-time employees only, the City currently
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.
Employees eligible for health insurance shall be responsible for paying a portion
of the total monthly premium for the subject medical plan by payroll deduction. The
employees' share of the monthly premium is currently based on a numeric percentage of
the total cost of the monthly premium for the subject plan (including the cost to insure
dependents, if applicable). The amount of the numeric percentage shall be calculated by
converting the monthly dollar amount employees are required to pay for each for the
subject medical plans as of September 30, 2009 into a percentage basis. Employees shall
then be responsible for paying this same percentage for each respective medical plan after
September 30, 2009. In the event of any increase in the cost of the total premium in the
future for any of the subject plans, the employees shall be responsible for paying the
same percentage of the increased monthly premium for that respective plan. The City
reserves the right to increase the employee's share of the cost for health insurance as
determined appropriate in its discretion.
The City may self insure or purchase a $50,000 life insurance policy for the
employee (subscriber) only.
If an eligible employee elects to waive City medical coverage and the related
insurance companies and the subject insurance plan involved allow for such practice, the
employee may be compensated two hundred fifty dollars ($250) per month through the
payroll process as a cost savings incentive. This cost savings incentive is only payable
for those full months where the employee elects to waive coverage. An eligible
employee includes any full-time employees, as well as part-time employees hired prior to
December 9, 1996. Employees who participate may not be eligible to return to medical
coverage until open enrollment periods as outlined by the insurance carrier.
In order to be eligible to receive health and welfare benefits, the employee must
meet the minimum hours of work per month, if any, required by the plan provider (as
well as all other requirements of the plan provider).
For more information regarding these benefits and eligibility requirements, please
see the Human Resources Coordinator.
7.4 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
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circumstances. In addition, requests for information regarding COBRA may be directed
to the Human Resources Coordinator.
7.5 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 his
or her 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 his/her job responsibility
satisfactorily. Utilization of the EAP agency during normal working hours will be
subject to the use of sick leave.
The employee and his or her 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, his or her 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 Coordinator.
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CHAPTER 8.
LEAVE
8.1 VACATION LEAVE
Regular full-time and part-time employees may be eligible to earn vacation leave
as outlined in the applicable collective bargaining contract, employment agreement or
City resolution(s). Accordingly, the foregoing documents must be read in conjunction
with this Policy to the extent they are applicable to any respective employee.
Non Exempt Employees
All full-time Non Exempt employees during their first year of continuous
employment with the City shall begin to accrue vacation leave immediately on a prorated
monthly basis equivalent to ten (10) days (80 hours) vacation leave. During the second
year of continuous employment with the City, the employee shall accrue vacation leave
on a monthly basis at the rate of eleven (11) days (88 hours) per year. During the third
year of continuous employment with the City, the employee shall accrue vacation leave
on a monthly basis at the rate of twelve (12) days (96 hours) per year. In addition, each
year on the employee's anniversary date, after three (3) full years of continuous
employment with the City, one (1) additional day (8 hours) of vacation for each year will
be credited to his/her vacation account. The maximum annual vacation accrual rate shall
not exceed thirty (30) days, 240 hours.
Exempt Employees
All Full Time Exempt employees shall be entitled to one hundred -sixty (160)
hours vacation leave per year. The employee's vacation account shall be credited on a
prorated monthly basis. In addition, each year on the employee's anniversary date, after
three (3) full years of continuous employment, eight (8) additional hours of vacation for
each year will be credited to his/her vacation account. The maximum annual vacation
accrual rate shall not exceed 304 hours.
Regular Part -Time Employees
Regular part-time employees (working no less than 20 hours per workweek) earn
one-half of the vacation leave accrued by regular full-time employees of the City.
Temporary employees are not eligible for vacation benefits. Employees do not accrue
vacation benefits during leave without pay.
Other Terms and Conditions of Vacation Leave:
Vacations should be scheduled in order to minimize disruption to City operations.
Leave requests should be submitted as far in advance as possible (and at least two weeks
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prior) to taking vacation leave. Vacation requests will be granted or denied based upon
City operational needs as determined in the supervisor's discretion.
The maximum amount of vacation leave for any employee that may be carried
over from one calendar year to the next is 30 days, or 240 hours. Any accrued vacation
in excess of this amount which is not used by the end of the calendar year (December
31st) will be forfeited without compensation, except in cases where the City has
specifically informed the employee that City operational need has made it impractical for
the employee to use vacation time. In that instance, the employee will be paid in cash (at
his/her regular rate of pay) for the value of the specific vacation leave which the City
informed the employee he/she would not be able to use. No 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 and Non Exempt employees may receive leave pay for any portion of
vacation earned, but not taken, upon leaving the employ of the City; provided, that in
case of voluntary termination, the employee shall have given at least ten (10) calendar
days' notice of such termination before being entitled to receive such pay. Upon date of
termination the employee shall receive compensation for all vacation leave pro -rated
from the last anniversary date. However, upon termination, vacation leave pay shall not
exceed two hundred and forty (240) hours. If an employee has accrued vacation and
bonus leave in excess of two hundred and forty (240) hours, the employee may (in the
City's discretion) be continued on the payroll for the time equivalent to the amount of
time in excess of two hundred and forty (240) hours of accrued vacation leave.
Holidays observed during an employee's vacation leave shall not be counted as
vacation leave taken.
The leave pay of all employees shall be paid on the same schedule for the
vacation period as the employee would have been paid for a regular week of work.
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.
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.
The Human Resources Coordinator, 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:
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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 his/her total available paid
leave during the absence. NOTE: The recipient employee is subject to the
City's maximum 240-hour vacation leave carry over policy at the end of a
calendar year.
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 if:
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 his/her 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;
IT 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;
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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 Department 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 City Treasurer or his/her designee shall determine the appropriate
fund transfers and budget amendments as needed for City Council action.
8.3 PERSONAL HOLIDAYS
Unless otherwise governed by collective bargaining contract, employment
agreements or benefits resolutions, employees shall receive two (2) personal holidays
each year to be selected by the employee; provided: the employee has been continuously
employed by the City for more than four (4) months and the employee has given not less
than fourteen (14) calendar days written notice to his/her supervisor. Provided, however,
the employee and the supervisor may agree upon an earlier date, and the number of
employees selecting a particular day off does not prevent the City from providing
continued public service.
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8.4 SICK LEAVE
Regular full-time and part-time employees may be eligible to earn sick leave as
outlined in the applicable collective bargaining contract, employment agreement or City
resolution(s). Accordingly, the foregoing documents must be read in conjunction with
this Policy to the extent they are applicable to any respective employee.
Regular part-time employees may accrue no more than 50% of the sick leave
benefits accrued by a regular full-time employee.
Temporary employees do not earn sick leave benefits unless otherwise required
by law.
Sick leave is a conditional benefit based on the existence of a qualifying medical
condition. Each employee is expected to manage his/her sick leave balance in order to
adequately cover his/her needs. There is no entitlement to sick leave outside of the
allowable uses outlined below.
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.
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.
Sick leave will not be counted toward the computation of overtime compensation
for non-exempt employees.
Sick leave shall not accrue for any pay period during which an employee is
absent, except for pay periods during which the employee is paid by the City for all
absences by the used of accrued paid time off. (For example, employees shall not accrue
sick leave while on unpaid leave or while receiving time loss benefits from L&I).
This Policy is intended to comply with Washington's Family Care Act and any
other applicable law. In the event of a conflict between any applicable law and this
Policy, the applicable law shall govern.
Allowable Uses of Sick Leave: Sick leave may be used by the employee to cover
those situations in which an employee is absent from work due to:
A. Employee's own health condition (illness, injury, physical or mental
disability, or any period of actual disability resulting from pregnancy or
childbirth);
B. Employee's medical or dental appointments;
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C. The need to care for the employee's dependent children, which includes
any ward or legal dependent under the employee's exclusive care, under
the age of 18 with a health condition that requires treatment or
supervision;
D. The need to care for a child, dependent or legal ward under the employee's
exclusive care, when the child is over the age of 18, if the child is
incapable of self care due to a disability. The term "disability" can include
temporary disabilities;
E. The need to care for a spouse/registered domestic partner, parent, parent -
in -law, or grandparent of the employee who has a serious or emergency
health condition;
F. Medical or dental appointments for a dependent child, provided that the
employee must make a reasonable effort to schedule such appointments at
times which have the least interference with the work day;
G. If necessary to obtain legal or law -enforcement assistance, medical
treatment, services from a domestic violence shelter/crisis center, or
counseling as the result of being victimized by domestic violence, sexual
assault, or stalking or to relocate or devise a safety plan related to the
foregoing. In addition, employees may take reasonable leave to help a
"family member" who is the victim of domestic violence obtain needed
treatment or service. "Family member" shall include the following
persons for this purpose: a child, spouse, registered domestic partner,
parent, parent -in-law, grandparent or person with whom the employee is
dating;
H. Exposure to a contagious disease where on-the-job presence of the
employee would jeopardize the health of others;
I. Use of a prescription drug that impairs job performance or safety;
J. Bereavement/funeral leave for the death of an "immediate family
member" (as defined below), for a length of time approved by the
Department Director, but typically 24 hours. For travel out of State, an
employee may receive, subject to approval of the Department Director, an
additional sixteen (16) hours of paid bereavement leave.
"Immediate family" means: spouse, registered domestic partner, children,
stepchildren, sister, brother, grandmother, grandfather, mother and father of the employee
or spouse, and any other familial inhabitant of the employee's household. All additional
time shall be deducted from the employee's accrued vacation leave (if any).
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).
Sick leave pay will not be granted for hours beyond what is considered the
employee's regularly scheduled hours. Employees must notify their direct supervisor
with as much notice as possible before they are scheduled to begin work if they intend to
use sick leave.
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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 is absent in excess of three (3) consecutive 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 his/her
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.
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.
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. 8.5 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.
Employees who abuse sick leave privileges shall be subject to appropriate
discipline, up to and including termination of employment.
8.5 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. 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 by the Mayor if the subject employee is a Department Director).
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.
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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, his/her 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 Coordinator 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
his/her former position if available. If the employee's position is not available, the
employee may be offered another available position for which he/she 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.
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.
8.6 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 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
in order to be eligible to receive paid jury duty leave the employee 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
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request a waiver from jury duty. 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).
8.7 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 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 Coordinator for the necessary forms.
8.8 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 applicable Department
Director in his/her 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.
8.9 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.
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Under the terms set forth in RCW 38.40.060, regular full-time and part-time
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 Coordinator 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.
8.10 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
Memorial Day
July 4th
Labor Day
Thanksgiving Day
Day after Thanksgiving
December 25th
December 31st
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 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 shall only receive a paid holiday if they were
regularly scheduled to work on the subject holiday. Temporary employees are not
eligible to receive holiday leave.
Employees are not eligible for holiday pay while on leave which is unpaid by the
City 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,
even if they have not exceeded their designated number of hours in their typical work
period (i.e. typically 40 hours per week).
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8.11 RELIGIOUS HOLIDAYS
If an employee's religious beliefs require observance of a holiday not included in
the basic holiday schedule, the employee may, with his/her supervisor's approval, take
the day off using vacation or leave without pay.
8.12 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 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 Eligibility
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 his/her
original, or an equivalent, position. However, an employee shall have no greater right to
reinstatement than if he/she 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 his/her 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. For incapacity due to pregnancy, prenatal medical care or child birth;
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B. To care for the employee's child after birth, or placement for adoption or
foster care (within the first 12 months after the birth or placement);
C. To care for the employee's spouse, registered domestic partner, child, or
parent, who has a "serious health condition" (a child is defined as
someone who is: (a) under the age of 18 or (b) older but incapable of self -
care because of a physical or mental disability); or
D. For a "serious health condition" that makes the employee unable to
perform the his/herjob.
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.
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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;
(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.
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Additional Requirements Under Washington Law for Pregnancy -Related Leave
Under Washington law, a female employee is also entitled to a leave of absence
for the period of time that she 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 Coordinator 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.
1. Military Caregiver Leave
An eligible employee who is the spouse, registered domestic partner, 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, registered domestic partner, 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
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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.
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 Coordinator 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
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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 his/her 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 Coordinator. 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 Department to obtain the required
forms/documentation.
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. The City
may conditionally grant an employee's FMLA leave request in appropriate situations
pending receipt of satisfactory medical certification.
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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.
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
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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 his or
her 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 his or her
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 he/she is capable of performing the essential functions of his/her 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 he/she 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, he
or she will be responsible for the full amount of these premiums, or risk a lapse of
coverage. Please contact the Human Resources Coordinator to coordinate the payment of
any necessary insurance contributions.
Spouses or Registered Domestic Partners Employed by the City
If an employee and his/her spouse or registered domestic partner 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 annual FMLA leave
available to them as a couple for these purposes is 12 weeks.
Key Employee Designation
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
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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 his/her designee.
Questions
Employees with questions about FMLA leave are strongly encouraged to contact
the Human Resources Coordinator.
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CHAPTER 9.
CITY PROPERTY AND PUBLIC RECORDS
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 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 construed as a
entitlement, benefit or right of the employee.
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 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.
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If an employee uses their personal cell phone for approved City related business,
they may request reimbursement on the employee's expense reimbursement request form.
Such requests are subject to supervisor approval.
If another means of communication is available that is more cost effective, such
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 voice -mail, telephones, cell phones, computers, 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 (land -lines) 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.
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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, 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,
martial 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
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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 his/her designee).
4. Employees from releasing confidential City information.
5. Employees from joining "chat -rooms," non -work related web discussion
groups, or participating in online surveys or contests.
6. 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 Coordinator 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.
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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. 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.
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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/data 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 presented to the Mayor or his/her 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 he or she 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 his or her 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 he/she does not authorize deduction of
the same from his/her 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
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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.
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
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.
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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 he/she is unable to
maintain the required licensure and insurance.
H. Smoking is not permitted inside City vehicles.
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 need to inform their insurance carrier so they
are covered under their own insurance
9.7 USE OF CITY CREDIT CARDS
Department Directors may apply for a City issued credit card, with the Mayor's
approval, for business use in the following situations:
A. For conference registration for Department Directors or designated
employees to assist with business air or train travel, hotel, car rental or
other reasonable business expenses.
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B. A Department Director may authorize use of a City credit card for
emergency vehicle repairs on a City vehicle.
C. Other business uses deemed appropriate by the Department Director and
consistent with the City's budget and expense reimbursement policies.
D. All Department Directors and authorized users must have signed a Credit
Card User Agreement, approved by the Mayor. Once the charges are
approved as being appropriate for City business, the Treasurer will process
payment for all credit card bills.
E. Credit cards may never be used to obtain cash advances or for personal
purposes. In addition, for the purchase of services with a City credit card,
the City must have an approved contract to use with the subject vendor.
Credit cards cannot be used to pay City invoices or statements.
Department Directors are responsible for submitting all needed paperwork or
verifications to accounts payable on a monthly basis. It is also the Department Director's
responsibility to match the individual receipts to the credit card statement if requested.
The Mayor (or his/her designee) may discontinue use of a credit card for any individual
or Department Director 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.
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
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
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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 Treasurer 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 his or her designee, be effected 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 his or her 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
Treasurer. 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
Treasurer.
Forms necessary to request approval for reimbursement regarding Advance
Travel will be kept at the City Clerk's office. Forms necessary to request approval for
per diem meal and expense reimbursement and will be kept at the City Treasurer's
Office.
Each City employee is responsible for submitting his/her own request for
reimbursement, even if other employees attended the same meeting or training program.
Each request must be approved by the Department Director or his or her 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. If a meal expense is incurred, no
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alcohol will be reimbursed as part of the meal expense. All tips for service must not
exceed 15%.
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 the employee for a regular breakfast.
Meal costs must be incurred directly by the claimant; direct billing to the City by
a restaurant must be pre -authorized by the City Treasurer and pre -arranged with the
restaurant.
Reimbursement for meals will be at a daily per diem, up to a maximum amount
for each meal period. When calculating the daily per diem amount, amounts may be
transferred from one meal type to another, as long as the amounts do not exceed the total
for the number of meals required per day.
Per Diem expenses for meals shall be paid at a rate established by Council
through a memorandum from the Mayor. These amounts may be periodically updated
and employees will be notified of any changes. 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.
The City Treasurer or City Clerk are authorized to approve exceptions to the
authorized per diem meal allowance schedule when it has been determined that either the
region or the country is recognized as a high cost area, or that the event's location
requires a greater cost.
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 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
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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.
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 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.
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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. 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 radium 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 five 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 Airport are permitted. 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.
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.
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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 City Clerk. 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 City Clerk on a "first come —
first served" basis.
J. Non -Travel 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.
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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. 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:
1. 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.
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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 City
Treasurer or his/her designee, which must be included with the reimbursement request.
This memo must identify:
I. 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 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.
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 the
City Clerk so that the request may be processed appropriately. The only exception to this
procedure is that public records requests pertaining solely to the Police Department
should be referred directly to the Police Department for processing.
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.
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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.
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CHAPTER 10.
EMPLOYEE RESPONSIBILITIES AND CONDUCT
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;
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;
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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
his/her 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; and
U. Intentional falsification of records/paperwork relating to City business.
The City of Port Orchard is a relatively small organization. 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 his/her best efforts each 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
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threatening manner) is placing him/her in imminent danger should immediately contact
the City's police department or call 911. The employee should also immediately report
the situation to his/her 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 Coordinator or the Mayor. Once the situation has
been defused, the supervisor or Department Director must contact Human Resources
Coordinator 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 effect 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 his/her Department Director or the Human Resources
Coordinator.
Duty to Report Criminal Arrests and Convictions: Any employee who is arrested
or convicted of a felony, gross misdemeanor or misdemeanor offence shall immediately
report such arrest or conviction to his/her Department Director.
10.2 OUTSIDE EMPLOYMENT 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
his/her 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;
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; or
E. 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 him or herself from
exerting influence in any transaction where his or her 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.
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B. Report to the City any financial interest the employee or any member of
his or her 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 received
from anyone who has a business relationship with the City which could
influence your professional judgment or discretion. Employees must
report all such conduct to the City Clerk or his/her designee.
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 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.
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 the City Clerk or Mayor (or his/her designee) any knowledge the
employee has of a potential violation of this Policy.
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 written approval from the Mayor (or his/her 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.
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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, the Human
Resources Coordinator, 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 his or her employment or directed toward a co-worker will be
subject to appropriate disciplinary action, up to and including immediate termination.
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
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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 Coordinator. Any unresolved
disagreements of this nature 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 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. Tobacco use is permitted
only in designated areas outside of the City's buildings in accordance with State law.
10.7 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.
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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 his/her 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 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, he or she 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, he or she 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 his or her 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.
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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 may be required to hold a valid Washington State Driver's license or
other license as a requirement for certain City positions. 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 his/her 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
his/her 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 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 his/her 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 he/she be engaged in work tasks. 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.
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
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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 Coordinator and are distributed to each new employee at the
time of hire.
Employees shall promptly report all unsafe or potentially hazardous conditions to
their Department Director. The City will make every effort to remedy problems as
quickly as possible. Employee safety depends on the safety consciousness of everyone.
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. The City encourages
the promotion of accident prevention and safety education at regular department/ safety
meetings.
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 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 City Clerk.
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. (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 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 the Human Resources Coordinator within twenty-four (24) hours unless
the employee is physically unable to do so. If applicable, the employee is responsible for
completing the Washington State Labor and Industries claim form. Supervisors are
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required to complete the supervisor portion of the accident report form. Should the injury
require attention beyond basic first aid, the employee should have his or her treating
physician complete the applicable portion of the Washington State Labor and Industries
Claim form. Injured employees must submit physician time loss certification to their
Department Director or his/her designee and if absent from work for more than three (3)
days, contact his or her Department Director or designee once a week or as otherwise
required to keep the City informed of their condition, progress and intent to return to
work. The injured employee's Department Director or his/her designee shall promptly
forward the original completed time loss certification to the Human Resources
Coordinator.
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 City Clerk.
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 report forms are available from supervisors or the Human Resources
Coordinator. A written accident 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 accident, or sooner if required by the employee's Department
Director or the Human Resources Coordinator.
Bloodbome Pathogens
The City complies with all statutory obligations for the prevention of exposure to
bloodbome pathogens. Employees should familiarize themselves with the City's
Exposure Control Plan 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
Introduction
The City of Port Orchard is committed to providing a safe, healthy, and efficient
working environment for all employees. The City recognizes that drug and alcohol abuse
pose a direct and significant threat to these goals. 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.
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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:
A. Possessing, distributing, selling, manufacturing, dispensing, using, or
being under the influence of any illegal drug, intoxicant, or controlled
substance;
B. Consuming alcoholic beverages while on City premises, in City vehicles,
or while on City business or time, or bringing alcohol onto City premises,
unless specifically approved by the Mayor;
C. Abusing prescription drugs or possessing prescription drugs that have not
been prescribed for the employee by a physician; and
D. 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 mater and turned over to the
Port Orchard Police Department or other authority for appropriate action.
General Testing Requirements
The City may require a drug test for the following reasons:
A. Prior to appointment to a position in the Police Department;
B. After a conditional offer of employment but prior to commencement of
employment;
C. Prior to appointment to a position whose duties may jeopardize public
safety;
D. After ajob-related accident;
E. According to the terms of a return to work agreement or last -chance
agreement between an employee and the City or following completion of
an approved treatment program;
F. In any other situation required by applicable law; and
G. In any other appropriate situation to the extent permissible under
applicable law (for example, based upon a reasonable suspicion of
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apparent workplace use of drugs, alcohol, controlled substances, or other
intoxicants).
The City may also require an alcohol test, to the extent permitted or required by
law, under the foregoing circumstances. An applicant's or employee's refusal to submit
to a required drug and/or alcohol test will result disqualification for further consideration
for employment or appropriate disciplinary action, up to and including termination of
employment (as applicable).
Testing Based Upon Reasonable Suspicion
As stated above, employees may be subject to drug or alcohol testing based upon
his/her apparent workplace use or impairment. To this end, when a supervisor or
manager reasonably suspects that an employee may be under the influence of drugs,
controlled substances, alcohol, or other intoxicants, the employee may be required to
submit to an appropriate substance test. Refusal to take the test will result in appropriate
disciplinary action, up to and including termination of employment.
The supervisor or manager's "reasonable suspicion" shall be based upon current
and specific observations of the employee's appearance, behavior, speech, body odors, or
other appropriate factors. For example, the "reasonable suspicion" could include a
combination of various factors such as slurred speech, red eyes, dilated pupils,
incoherence, unsteadiness on feet, smell of alcohol or drugs emanating from the body,
inability to carry on a rational conversation, increased carelessness, erratic behavior,
inability to perform the job, repeated workplace accidents, or other behavioral changes.
If time permits, prior to requiring an employee to submit to a substance test, the
supervisor or manager shall document in writing the specific observations and behaviors
that create a reasonable suspicion that the employee is under the influence of drugs,
controlled substances, alcohol, or other intoxicants. The supervisor or manager may
confidentiality discuss the matter with the Mayor (or his/her designee), the employee's
Department Director, and/or the Human Resources Coordinator. If it is determined that
reasonable suspicion of impairment or use exists, the supervisor or manager shall meet
with the employee (along with another appropriate City management witness) and direct
him/her to accompany the supervisor or manager (or other appropriate City management
personnel) to an approved testing facility for the substance test. If practicable, the
employee will be provided with a copy of the written documentation supporting the
reasonable suspicion of substance use upon his/her request. The employee shall be
relieved from duty with pay until a clear determination can be made as to the presence of
drugs, controlled substances, alcohol, or other intoxicants in his/her system. The
employee will not be allowed to drive to himself/herself to the testing facility. A member
of the City management will transport and escort the employee to the testing facility. The
employee may have his/her union representative (if applicable) or other representative
accompany them as well if they so desire. The City's management representative shall
then make arrangements for the employee to be transported home at the conclusion of the
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test. The employee will remain on leave with pay until the status of the substance test
and the circumstances surrounding the alleged impairment are determined.
Post -Accident Testing
Employees may be subject to substance testing when they cause or contribute to
an accident that seriously damages a City vehicle, machinery, equipment, or property (or
the employee's own vehicle while conducting City business) and/or results in an injury to
themselves or others requiring off -site medical attention. This testing shall take place as
soon as possible and no later than two (2) hours following the accident unless there are
emergent circumstances which prevent the test within this timeframe. The employee
shall not be allowed to drive himself/herself to the testing facility.
Random Testing
The City may require random substance testing whenever required or permitted
by applicable law (for example, for employees performing functions for which a
commercial driver's license is required). Any employee subject to random testing shall
be paid for the time required to travel to and from the test site, as well as the time at the
test site.
Follow -Up Testing
Employees who have tested positive, or who have otherwise violated this Policy,
are subject to appropriate discipline, up to and including termination of employment.
Depending upon the individual circumstances and the employee's work history/record,
the City may choose (in its sole discretion) to offer the employee the option to return to
work by entering into a last -chance agreement on terms satisfactory to the City. The last -
chance agreement will generally include appropriate discipline, required treatment and/or
counseling, and follow-up substance testing in a manner determined appropriate by the
City in its sole discretion. Any employee failing to fully comply with and satisfactorily
complete the terms of his/her last -chance agreement will be subject to appropriate
disciplinary action, which will generally result in termination of employment.
Additional Supervisor/Manager Responsibilities
As stated above in this Policy, 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 condition to the best of his/her 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
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from driving a personal vehicle when the employee is believed to be under the influence
of drugs, controlled substances, alcohol, or other intoxicants.
Other Requirements and Matters
A. 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.
B. The legal use of prescribed drugs or over-the-counter medication is
permitted in the workplace or while acting on behalf of the City only if it does not impair
an employee's ability to safely perform the essential functions of their job effectively and
does not pose a danger to the employee or others.
C. Employees are responsible for notifying their supervisors when taking
prescribed drugs or over-the-counter medication that may interfere with their ability to
perform their jobs safely or many otherwise endanger others.
D. Employees are responsible for reporting to their supervisor any action by
another employee which demonstrates an unusual pattern of behavior which may be the
result of an impairment due to the use of drugs, controlled substances, alcohol, or other
intoxicants.
E. While the City does not condone the use or abuse of drugs, controlled
substances, alcohol, or other intoxicants or the use of illegal drugs or other intoxicants, it
recognizes that addiction to the foregoing may be treated. If an employee seeks
assistance for an abuse problem in advance of any performance problems or disciplinary
action resulting from performance problems, the City may assist the employee in seeking
treatment through its EAP or otherwise to the extent appropriate and feasible (such
employees may be required to provide certification that they are successfully following
the prescribed treatment and take and pass follow-up substance tests as appropriate).
However, once the employee allows the situation to jeopardize his/her work performance
or public safety, the City reserves the right to address the situation from a disciplinary
standpoint. The City will hold all employees to the same standard of performance and
behavior requirements. Violation of these performance and/or behavior requirements
will subject the employee to appropriate disciplinary action, up to and including
termination of employment.
F. 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.
Personnel Policies Manual
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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, tom 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.
Personnel Policies Manual
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CHAPTER 11.
IMPROPER GOVERNMENTAL ACTION POLICY
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 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: (a) 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 action; or (b) 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.
Personnel Policies Manual
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B. Procedure for Reporting Improper Governmental Action
An employee who becomes aware of an improper governmental action must
submit a written report to his/her respective Department Director, stating in detail the
basis for his/her belief that an improper governmental action has occurred. Where the
employee reasonably believes the improper governmental action involves his or her
Department Director, the employee must submit the foregoing written report to the
Mayor or the Human Resources Coordinator. The employee must submit the written
report as soon as he/she 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 his/her 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 his/her identity in writing.
The appointed investigator shall determine the scope of the investigation. After
the investigation has been concluded, the Mayor or his/her 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.
Personnel Policies Manual
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C. Protection Against Retaliatory Actions
Elected officials and City employees are prohibited from taking retaliatory action
against an employee because he/she has, in good faith, reported an improper
governmental action in accordance with this Policy.
Employees who believe they have been retaliated against for reporting an
improper governmental action must deliver a written complaint to their Department
Director, the Human Resources Coordinator or the Mayor within 30 days of the
occurrence of the alleged retaliatory action. This written notice must:
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 his/her 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 he or she held before the
Personnel Policies Manual
Page 85
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 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.
D. Responsibilities
The Mayor or his/her 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.
E. 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 Coordinator, or the outside agency. In addition, employees may contact the
Personnel Policies Manual
Page 86
Human Resources Coordinator to verify the address and contact information for any of
these agencies.
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
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Page 87
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
I I I I 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
Personnel Policies Manual
Page 88
CHAPTER 12.
OTHER EMPLOYMENT PRACTICES AND POLICIES
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 Coordinator. While it may not be possible to achieve the result an
employee wants, the supervisor and/or the Human Resources Coordinator will endeavor
to actively listen to the employee and his/her 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 off employees for lack of work, budgetary
restrictions, restructuring, organizational changes, or other reasons as determined
appropriate by the City in its discretion.
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.
12.3 REHIRE POLICY
Any employee who voluntarily terminates his/her 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.
Personnel Policies Manual
Page 89
CHAPTER 13.
EMPLOYEE RECOGNITION AND WELLNESS
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. The Committee consists of volunteers. Each Department Director is requested
to notify the Program Coordinator of the 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.
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.
Personnel Policies Manual
Page 90
ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF PORT ORCHARD'S
PERSONNEL POLICIES MANUAL
I acknowledge I have received a CD version of the City of Port Orchard's
Personnel Policies Manual. I further acknowledge that I will read the Policies carefully
within seven days of the day that I received them and will abide by the policies and
procedures contained therein. I understand that if I do not have access to a computer to
review or print out the policies, I am required to contact the Human Resources
Coordinator for a printed version of the Manual.
I understand that my employment with the City of Port Orchard is "at -will"
(unless specific rights have been granted to me in an individual employment contract,
collective bargaining agreement, or by the Civil Service laws and rules). This means that
just as I am free to resign at any time, the City of Port Orchard is free to terminate my
employment at any time, for any reason, with or without cause, and without further
compensation except for time actually worked. I understand that none of the statements
contained in the City of Port Orchard's Personnel Policy Manual should be construed as a
contract, implied contract, or promise of permanent employment, employment for any
particular duration, specific treatment in specific circumstances, discharge only for cause,
or as a guarantee of any particular disciplinary or discharge procedure unless otherwise
required by law.
I understand that additional information and policies may be implemented from
time to time by the City and I will also be required to read, understand, and abide by
them.
This Manual is only a summary of the City of Port Orchard's policies and
procedures. Not all City or department policies are reflected in this Manual. Employees
must comply with all applicable City and department policies and procedures as they
relate to their job duties. In event of discrepancies between the City's policy and
department policy, City policy will govern. The City of Port Orchard expressly reserves
the right to change any of its policies or procedures, including those covered in this
Manual, at any time in its discretion unless otherwise prohibited by law.
If the City of Port Orchard mistakenly overpays me, I hereby consent to the
deduction of the overage from my later paychecks. I also hereby consent to deduction
from my final paycheck of. (1) any amounts advanced to me that remain unearned when
my employment with the City of Port Orchard ends, or (2) any amount necessary to
reimburse the City of Port Orchard for my own actions, such as failure to return City
equipment, unauthorized telephone charges, or damage to City equipment or property.
I understand that my signature of acknowledgement on this form does not
constitute in any way a contract of employment.
Personnel Policies Manual
Page 91
I have read and understand the statements above.
Employee Signature
Date
Employee Printed Name Witness
A signed copy of this form will be placed in the employee's personnel file.
Personnel Policies Manual
Page 92
CITY OF PORT ORCHARD
Citv Clerk
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-4407 • Fax: (36o) 895-9029
pkirkpatrick@cityofportorchard.us
www.cityofportorchard.us
MEMORANDUM
TO: City Council
Mayor Coppola
FROM: Patti Kirkpatrick, City Cler'
DATE: August 10, 2010
REGARDING: Amendment No. 1 to the Kitsap Regional Library
Contract No. 033-09
As you know, the ballot measure asking voters if they wish to annex into the Kitsap
Regional Library District will be decided on August 17th, which is the Primary Election.
Kitsap Regional Library, assuming the measure passes, is seeking to amend Section 4 of
Contract No. 033-09, a copy of which is attached.
Section 4 relates to the Contract Fee, which will automatically terminate as of the end of
the calendar year immediately preceding the first calendar year during which the Library
District shall be authorized to levy property taxes within the City's boundaries.
Staff has advised the Kitsap Regional Library Board that this language would be brought
forward to the Council for discussion at this work study session with action, if any, to be
brought forward at the September 14, 2010, Council meeting. This would allow the
Primary Election results to be certified.
1NnVV5AP p(LIONAI
� 11
Kitsap Regional Library
Amendment No. 1
to
City of Port Orchard
MEMORANDUM OF AGREEMENT
This Amendment No. 1 is entered into as of , 2010, by and between the Kitsap
County Rural Library District d/b/a Kitsap Regional Library (the "Library District") and the City
of Port Orchard (the "City"), and amends the Memorandum of Agreement (the "MOA"), dated
May 12, 2009, by and between the Library District and the City.
RECITALS
A. The Library District provides library services to the citizens of unincorporated Kitsap
County, Washington (the "County"), and those cities and towns within the County that have
chosen to annex into the Library District.
B. The City, located within the County, has not annexed into the Library District.
C. Pursuant to the MOA, the Library District provides library services to the City through
a branch library building owned by the City and located at 87 Sidney Avenue, Port Orchard,
Washington (the "Library Facility").
D. Pursuant to Ordinance No. 007-10, adopted by the City Council of the City on April 27,
2010, the City has found that the public interest will be served by annexing into the Library
District and has stated its intent to do so, subject to the approval of the registered voters of
the City in a special election thereon be held in the City on August 17, 2010.
E. On August 17, 2010, the registered voters of Port Orchard approved Proposition 1 to
annex the City to the Library District.
F. The Library District and the City now desire to amend Section 4 of the MOA.
AGREEMENT
NOW, THEREFORE, the Library District and the City agree as follows:
1. Section 4 of the MOA is hereby amended to read:
4. Contract Fee. In consideration of this agreement on the part of Library District,
City agrees to pay to Library District in each year during the life of this agreement, for
library services for the year in which such payment is made, the sum of money equal
to the levy rate applied for rural library purposes, multiplied by the assessed valuation
of all property, including new construction, within the City boundaries. Each year's
payment shall be made in two (2) equal installments, with the first installment to be
remitted on or before the first of June, and the second installment to be remitted on
or before the first of December; provided, however, the City's obligation to pay such
fees shall terminate automatically as of the end of the calendar year immediately
Amendment No. 1
Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard
Page 2
preceding the first calendar year during which the Library District shall be authorized
to levy property taxes within the City boundaries.
2. Subject only to the amendment set forth in this Amendment No. 1, all terms of the
MOA are ratified and confirmed and remain in full force and effect.
3. This Amendment No. 1 may be executed in several counterparts, which when taken
together shall constitute one original Agreement. A facsimile signature shall be deemed an
original signature for all purposes.
IN WITNESS WHEREOF, the Library District and the City have duly executed and delivered
this Agreement as of the date first above written.
(The remainder of this page left intentionally blank. Signature page to follow.)
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Amendment No. 1
Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard
KITSAP COUNTY RURAL LIBRARY DISTRICT CITY OF PORT ORCHARD
(DBA KITSAP REGIONAL LIBRARY)
Jill Jean, Library Director
Date Signed
Lary Cappola, Mayor
Date Signed
Attest:
Patricia Kirkpatrick, City Clerk
Date
Page 3
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AnSAP A[410L*Ali
2 ull
Kitsap Regional Library
City of Port Orchard
MEMORANDUM OF AGREEMENT
COPO Contract No. 033-09
This Memorandum of Agreement (the "Agreement") is entered into as of 2009, by
and between the Kitsap County Rural Library District, d/b/a Kitsap Regional library, ("Library
District") and the City of Port Orchard ("City"). Library District and City are collectively referred to
as the "Parties" and individually as a "Party".
A. As owners of the building located at 87 Sidney Avenue, Port Orchard, Washington (the
"Library Facility"), City has a need for library services that can be provided by the Library District.
B. Library District is able to supply staffing, technology, materials, programming and
associated personnel and administrative support to provide library service.
C. City recognizes that it will benefit from such services as the Library District can provide,
and Library District recognizes that it will benefit from providing the service.
D. The Parties now desire to enter into this Agreement under the terms and conditions set
forth herein.
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows;
1, Use of Library Facility. City agrees to make the Library Facility available to the Library
District, which Library District shall use as a branch library, without rental expense to the Library
District.
2. Utilities. City agrees to provide utility services at its own expense, including but not
limited to: heating, electricity, water, sewer, solid waste, recycling and shall further provide all
necessary services for maintenance of the Library Facility, including but not limited to janitorial
service and building maintenance, landscaping, upkeep, capital.
3. Library Services. Library District agrees to provide library services in the Library Facility,
including, but not limited to, books and materials, programming, staffing, technology, telephone
and data connection costs.
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Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard Page 2 of 5
4. Contract Fee. In consideration of this agreement on the part of Library District, City
agrees to pay to Library District in each year during the life of this agreement, for library services
for the year in which such payment is made, the sum of money equal to the levy rate applied for
rural library purposes, multiplied by the assessed valuation of all property, including new
construction and annexations, within the City boundaries. Each year's payment shall be made in
two (2) equal installments, with the first installment to be remitted on or before the first of June,
and the second installment to be remitted on or before the first of December.
5. Access. Library District will have exclusive access and use of the entire Library Facility,
including meeting rooms and storage area.
6. Collection Furnishings Equipment and Fixtures. The library collection and all removable
furnishings and equipment, including shelving, are or will become property of Library District.
Permanently mounted fixtures will remain part of the building and therefore owned by the City.
7. Structural Changes to Library Facility. Changes to the structure of the Library Facility will
be negotiated and done in partnership so as not to impede or disrupt library service to the public
as much as possible.
8. Insurance. City agrees to provide adequate insurance for the building, including fixtures.
Library District agrees to provide adequate insurance to cover the collection, furnishings and
equipment. City and Library District shall each maintain at its sole expense, a policy or policies of
comprehensive general liability insurance against loss suffered or alleged to be suffered by an
any person or persons or any property, on or about the Library Facility or resulting from the
operation thereof by the respective parties in accordance with this Agreement, such insurance to
afford protection in the amounts not less than $1,000,000 each occurrence and $2,000,000
general aggregate. The City and the Library will provide each other a Certificate of Insurance
naming each other as an additional insured.
9. City Indemnity of Library District. To the extent permitted by law, City shall indemnify
and hold harmless Library District and its officers, directors, trustees, agents and employees from
any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies,
penalties, costs and expenses (including without limitation, reasonable attorneys' fees)
(hereafter "claims') arising out of, pertaining to, or in connection with (i) any acts or omissions of
City, its successors, assigns or agents, subsequent to the date of this Agreement with respect to
or in relation to the Library Facility or any of the improvements, equipment or furnishings therein
or any of the services provided pursuant to this Agreement, except for claims caused by the sole
negligence of the Library District; and (ii) a breach of any representation or warranty made
herein. Provided that if the claims are caused by or result from concurrent negligence of the City
and the Library District this indemnity provision shall be valid and enforceable only to the extent
of the negligence each entity. Nothing in this section shall be construed to create a liability or a
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right of indemnification in any third party. This section shall survive the expiration of this
Agreement.
10. Library District Indemnity of Citv. To the extent permitted by law, Library District shall
indemnify and hold harmless City and its officers, directors, trustees, agents and employees from
any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies,
penalties, costs and expenses (including without limitation, reasonable attorneys' fees)
(hereafter "claims') arising out of, pertaining to, or in connection with (i) any acts or omissions of
Library District, its successors, assigns or agents, subsequent to the date of this Agreement with
respect to or in relation to the Library Facility or any of the improvements, equipment or
furnishings therein or any of the services provided pursuant to this Agreement, except for claims
caused by the sole negligence of the City; and (ii) a breach of any representation or warranty
made herein. Provided that if the claims are caused by or result from concurrent negligence of
the City and the Library District this indemnity provision shall be valid and enforceable only to
the extent of the negligence each entity. Nothing in this section shall be construed to create a
liability or a right of indemnification in any third party. This section shall survive the expiration of
this Agreement.
11. Authority. The Parties each represent and warrant that they and/or their undersigned
agents have full power and authority to enter into and to execute this Agreement, and that the
execution, delivery and performance by the Parties of this Agreement and the related documents
is not in conflict with any law, rule, regulation, writ, judgment, injunction, decree or award, or
with the provisions of any agreement to which the Parties or any of them may be bound,
including, without limitation, their articles of incorporation or bylaws.
12. Effective Date. This Agreement shall become effective when, and only when, it has been
duly executed by both of the Parties. This Agreement shall be in effect for five year from the
date written above. This Agreement may be renewed for one additional 5 year period by written
agreement of the Parties.
13, Termination. This Agreement may be terminated for cause by either Party on 30-days
written notice. This Agreement may be terminated without cause by either Party on 60-days
written notice prior to the end of the first year, or any subsequent annual renewal of this
Agreement.
14. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the
successors, assigns, trustees, receivers, personal representatives, legatees and devisees of the
Parties. Except as set forth herein, no person, organization or association other than Library
District and City shall have any rights or claims under this Agreement.
15. Entire Agreement. This Agreement embodies the entire agreement and understanding
between the Parties and supersedes all prior agreements and understandings related to the
subject matter hereof. This Agreement may be amended, modified or added to only by written
instrument properly signed by both parties.
Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard
Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.krl,org
Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard Page 4 of 5
16. Termination of 1964 Agreement. By mutual agreement, the parties agree to terminate, in
its entirety, the January 1964 agreement between the City and Library District, effective upon the
execution of this Agreement.
17. Counsel's Advice. The Parties represent that they have reviewed the terms of this
Agreement with their attorney, that they are authorized to enter into this Agreement, and the
Agreement is executed freely and voluntarily as of the date hereof.
18. Further Assurances. The Parties will use all reasonable efforts to execute such documents
and to take such other actions as may be reasonably necessary to consummate and give effect to
the terms of this Agreement.
19. Jurisdiction and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. The Kitsap County Superior Court shall
have jurisdiction and venue of any action or proceeding arising out of or related to the
negotiation, execution, performance, breach or the enforcement of this Agreement.
20. Attorney's Fees to Prevailing Party. In the event of any litigation in connection with this
Agreement, the prevailing Party shall be entitled to recover its attorney's fees and other costs
and expenses, including attorney's fees in both trial and appellate courts and in any bankruptcy
proceeding.
21. Counterpart Signatures. This Agreement may be executed in several counterparts, which
when taken together shall constitute one original Agreement. A facsimile signature shall be
deemed an original signature for all purposes.
22. No New Legal Entity. The parties do not intend to create, through this Agreement, a
separate legal entity subject to suit. Neither party can bind the other to any third -party contracts
or agreements.
23, Assigning or Subcontracting: Neither party shall assign, transfer, subcontract or
encumber any rights, duties, or interests accruing from this Agreement without the express prior
written consent of the other party.
IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the
date first above written.
(The remainder of this page left Intentionally blank. Signature page to follow.)
Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard
Poulsbo • Silverdale • Sylvan Way • Bookmobile • Outreach • www.krl.org
Memorandum of Agreement between Kitsap County Rural Library District and City of Port Orchard
Page 5 of 5
CITY OF PORT ORCHARD, WASHINGTON
M
Date Signed: Q - t
Attest: By:
Patricia Kirkpatri k, City Clerk
KITSAP COUNTY RURAL LIBRARY DISTRICT
(D/B/A KITSAP REGIONAL LIBRARY):
By:
Jill e , Library D rector
Date Signed: 15ao lot
Bainbridge Island • Downtown Bremerton • Kingston • Little Boston • Manchester • Port Orchard
Poulsbo • Silverdale • Sylvan Way 9 Bookmobile • Outreach • www.krl.org
CITY OF PORT ORCHARD
MANAGING SOCIAL MEDIA
Policy:
The City of Port Orchard desires to have a Facebook Page to reach a wider audience of
citizens for open transparency on services and programs.
The City Clerk's office shall be responsible for and maintain the City's Facebook Page to
ensure compliance with records management and risk management issues. City staff
send their requests to the City Clerk in a manner as prescribed by the City Clerk and
final authority on items for posting shall be at the discretion of the City Clerk.
It is the City's policy that City Staff shall not respond to any comments posted on the
Port Orchard Facebook Account.
City Councilmernbers shall not be allowed to have a Facebook Account, nor are they
allowed to respond or post comments on the Port Orchard Facebook site.
Although the City of Port Orchard encourages posts and comments to the Facebook
managed by the City of Port Orchard, this is a limited public forum and shall be
moderated by the City Cleric and/or her/his designee. Authorized City Staff shall ensure
that all posted content (comments, photos, links, etc.) is related to the topic at hand, if
not appropriate, the City Clerk shall have the authority to remove the following types of
posts and comments, which are prohibited:
• Not topically related to the particular article being commented upon;
• Promoting or advertising commercial services, entities or products;
• Supporting or opposing political candidates or ballot propositions;
• Obscene content;
• Illegal activity or encouragement of illegal activity;
• Promoting, fostering or perpetuating discrimination on the basis of creed, color,
age, religion, gender, marital status, status with regard to public assistance,
national origin, physical or mental disability or sexual orientation;
• Information that may tend to compromise the safety or security of the public or
public systems;
• Content that violates a legal ownership interest of any other party; or
• Anonymous posts.
The City Clerk shall review the Facebook account a minimum of one (1) time per day
and shall remove any prohibited posted content.
Procedure:
The following procedures have been established to ensure consistency within the City
Clerk's office when posting items to the Port Orchard Facebook page(s).
1. Prior to submitting content for posting on the City's Facebook Page, Staff shall
first ensure that the content is located on the City's website,
www.cit�ofportorchard.us, which will be the primary record.
2. City Clerk and/or her designee, will ensure the content is on the City's website,
and if appropriate, the Port Orchard Facebook posting will be linked directly back
to the website.
3. Prior to adding or removing any content or posting, City Clerk and/or her
designee shall first print the screen to show that the date/time of existing screen
is current.
4. City Clerk and/or her designee shall then make the appropriate change(s) to the
page(s).
5. Once the change(s) have been made, City Clerk and/or her designee shall then
print another "snap shot" of the changed page showing the date/time change
occurred.
6. The two "snap shot" pages shall be stapled together and maintained by the City
Clerk's office in accordance with the State's records retention management
program.
7. Prohibited content shall be removed immediately upon discovery by City Clerk
and/or her designee.
8. Prior to removing prohibited content, City Clerk and/or her designee shall take a
"snap shot" of the page prior to removing the prohibited postings. These
documents will be maintained by the City Clerk for records retention
management purposes.
City of Port Orchard Social Media Policy
June 28, 20io, at 10:22 a.m. (date/time to be shown when Facebook page is
created/implemented and any time changes are made to this policy)
Welcome to the City of Port Orchard Facebook page, and thank you for reviewing our
social media policy. We are happy to have you as our "fan."
A. Privacy Policy and Disclaimer
Any individual accessing, browsing and using a City of Port Orchard Social Media site
accepts without limitation or qualification, the City's Social Media Policy (hereafter
"Policies"). These terms and conditions apply only to the Social Media sites (Facebook)
that are managed by the City of Port Orchard. The City of Port Orchard maintains the
right to modify these Policies without notice. Any modification is effective immediately
upon posting the modification on the Social Media Policy page unless otherwise stated.
Continued use of a City of Port Orchard Social Media site following the posting of any
modification signifies acceptance of such modification.
All users of a City of Port Orchard Social Media site are also subject to the site's own
Privacy Policy. The City of Port Orchard has no control over a site's privacy policy or
their modifications to it. The City of Port Orchard also has no control over content,
commercial advertisements, or other postings produced by the Social Media site that
appear on the City of Port Orchard Social Media site as part of the site's environment.
The City of Port Orchard operates and maintains its Social Media sites as a public
service to provide information about City programs, services, and projects. The City of
Port Orchard assumes no liability for any inaccuracies these Social Media sites may
contain and does not guarantee that the Social Media sites will be uninterrupted or
error -free.
B. Facebook Posts Policy
Although we encourage posts and comments on the Facebook managed by the City of
Port Orchard, the Port Orchard Facebook are limited public forums and are moderated
by City staff. All posted content (comments, photos, links, etc.) must be related to the
topic at hand. The following types of posts and comments are prohibited:
• not topically related to the particular article being commented upon;
• promoting or advertising commercial services, entities or products;
• supporting or opposing political candidates or ballot propositions;
• obscene content;
• illegal activity or encouragement of illegal activity;
• promoting, fostering or perpetuating discrimination on the basis of creed, color,
age, religion, gender, marital status, status with regard to public assistance,
national origin, physical or mental disability or sexual orientation;
• information that may tend to compromise the safety or security of the public or
public systems;
• content that violates a legal ownership interest of any other party; or
• anonymous posts.
The City of Port Orchard reserves the right to remove posted content that does not
comply with these Policies. All posts and comments uploaded to the City of Port
Orchard Facebook pages will be periodically reviewed. All posts and comments may be
public records subject to public disclosure under the Public Records Act.
C. Links Policy
1. Links to other Social Media Sites and External Websites Provided on City of Port
Orchard Social Media Sites
The City of Port Orchard may select links to other Social Media sites and outside
websites that offer helpful resources for users. Once an individual links to another page
or site, the City's Policies no longer apply and you become subject to the policies of that
page or site. The City of Port Orchard's Social Media sites are intended specifically to
share information about City programs, events and services. The City of Port Orchard is
not responsible for the content that appears on these outside links and provides these
links as a convenience only. Users should be aware that these external pages and sites
and the information found on those pages and sites are not controlled by, provided by or
endorsed by the City of Port Orchard. The City reserves the right to delete links posted
by outside individuals that violate the City's Posts Policy at any time without notice.
2. Links by Other Entities to City of Port Orchard Social Media Sites
It is not necessary to get advance permission to link to City of Port Orchard Social Media
sites; however, entities and individuals linking to City of Port Orchard Social Media sites
may not capture any of the City's Social Media sites within frames; present City of Port
Orchard content as their own or otherwise misrepresent any of the City's Social Media
site content. Furthermore, they shall not misinform users about the origin or ownership
of City of Port Orchard Social Media site content. Links to City of Port Orchard Social
Media sites should not in any way suggest that the City of Port Orchard has any
relationship or affiliation with that organization or that the City endorses, sponsors, or
recommends the information, products, or services of that site.
D. Copyright Policy
All information and materials generated by the City of Port Orchard and provided on
City of Port Orchard Social Media sites are the property of the City of Port Orchard. The
City retains copyright on all text, graphic images and other content that was produced
by the City of Port Orchard and found on the page. You may print copies of information
and material for your own non-commercial use, provided that you retain the copyright
symbol or other such proprietary notice intact on any copyrighted materials you copy.
Please include a credit line reading: "credit: City of Port Orchard Facebook Page" or
"Courtesy of City of Port Orchard."
Commercial use of text, City logos, photos and other graphics is prohibited without the
express written permission of the City of Port Orchard. Use of the City logo is prohibited
for any non -governmental purpose. Any person reproducing or redistributing a third
party copyright must adhere to the terms and conditions of the third party copyright
holder. If you are a copyright holder and you feel that the City of Port Orchard did not
use an appropriate credit line, please notify the Webmaster with detailed information
about the circumstances so that the copyright information can be added or the material
in question can be removed.
E. Contact Us
If you have any questions or concerns about the City of Port Orchard Social Media Policy
or its implementation, or if you find incorrect information or are interested in seeking
permissions that fall outside of the guidelines above, please contact the City's
Webmaster.
Your completed Application must contain:
❑ Completed application form
❑ Copy of ordinance
❑ Standard 3 work plan
❑ Standard 3 expenditure breakdown
❑ Standard 4 Arbor Day observance information
❑ Standard 4 Arbor Day proclamation
Optional:
❑ Photos for possible inclusion in National Arbor Day
Foundation publications
Please send your completed application to your state forester's office for certification.
If you do not have the state forester's address contact Program Services, The National
Arbor Day Foundation, 888/448-7337 or go to arborday.org/programs/urbanforesters.cfm
0 The National
Arbor Day Foundation
100 Arbor Avenue • Nebraska City, NE 68410
THE CITY USA
APPLICATION
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As a TREE CITY USA, your
community will receive...
TREE CITY USA
Arbor Day Foundation
...highway signs for community a Tree City USA flag ...a walnut -mounted plaque
entrances
... along with the joy of stewardship and the gratitude of future generations
The National Arbor Day Foundation,
in cooperation with the U.S. Forest
Service and the National Association of
State Foresters, recognizes towns and
cities across America that meet the
standards of the TREE CITY USA
program.
At least half of the trees in a typical
city are on public property -along streets,
in parks, and around public buildings.
The TREE CITY USA application must
be completed by an appropriate city
official (mayor, city forester, chairman
of the tree board, etc.).
Mail the completed application
to your state forester along with all
requested supporting material no
later than December 31.
The TREE CITY USA program is
designed to recognize those communities
that effectively manage their public tree
resources, and to encourage the
implementation of community tree
management based on four TREE CITY
USA Standards.
These four standards provide structure
for a community forestry program,
require that program to demonstrate
Application Procedures
Your state forester will evaluate the
application and forward it to The
National Arbor Day Foundation. You
will be advised whether your community
qualifies for TREE CITY USA
recognition.
Tree City USA Standards
STANDARD 1: A Tree Board or Department
A tree board is a group of concerned citizens, usually volunteer, charged by
ordinance to develop and administer a comprehensive community tree management
program for the care of trees on public property. Tree boards usually function with the
aid of professional foresters. In communities with a population of more then 10,000,
city forestry departments with salaried employees are often feasible. These departments
may or may not be supported by advisory boards or administrative commissions.
STANDARD 2: A Community Tree Ordinance
The community tree ordinance needs to designate the tree board or department
and give them the responsibility for writing and implementing the annual community
forestry work plan. The ordinance should determine public tree care policies for
planting, maintenance and removals. Ideally, the city tree ordinance will make provisions
for establishing and updating a list of recommended street tree species to be planted
with spacing and location requirements. A sample tree ordinance may be obtained
by writing The National Arbor Day Foundation.
STANDARD 3: A Community Forestry Program with an Annual Budget of at
least $2 per capita.
Many communities begin their program by taking an inventory of the trees growing
on public property. The species, location, and condition of each tree are noted
success based on the judgment of the
state forester's office, and provide for an
awareness and appreciation of trees
among the residents of the community.
TREE CITY USA recognition can
make a strong contribution to your
community's pride, and it will keep you
in touch with other communities and
resources which can help you improve
your program.
Because your TREE CITY USA
application must be certified by your
state forester you are encouraged to
contact your state forester's office early
in the application process for technical
advice and assistance in meeting the
standards of a good community forestry
program.
(i.e. healthy, needs pruning, should be removed, etc.) and the inventory data is
summarized in a written report for presentation and approval by the city council. The
report should be an objective analysis of the present state of the urban forest with
recommendations for future management. The essential, ongoing activity for the care
of trees along streets, in parks, and on other public places is the community forestry
program. The annual work plan should address planting, watering and fertilizing, dead
and hazardous tree removal, safety and fine pruning, and insect and disease control.
To be named as a TREE CITY USA, a town or city must annually spend at least $2
per capita for its annual community forestry program. Consider all funds spent for
tree care - budget for street tree department or board, park department's tree
expenditures, dead tree removal, etc.
STANDARD 4: An Arbor Day Observance and Proclamation
An Arbor Day observance can be simple and brief or an all -day or all -week
observance. A proclamation issued by the mayor must accompany the observance
and declare the observance of Arbor Day in your community. You can obtain a free
'Celebrate Arbor Dayl" packet by writing The National Arbor Day Foundation. Along
with ideas for celebrating the holiday, the packet contains a sample proclamation.
As
TREE CITY USA
Application
Mail completed application with requested attachments to your state forester no later than December 31.
The TREE CITY USA award is in recognition of work completed by the community during the calendar year.
Please provide information for the year ending.
(Some states require information in addition to the requested on this application. Check with your state foresters.)
(Title - Mayor or other city official)
of the community of
I herewith make application for this community to be officially recognized and designated as a Tree City USA
for , having achieved the standards set forth by The National Arbor Day Foundation as noted below.
(year)
Standard 1: A Tree Board or Department
List date of establishment of board, board members, and meeting dates for the past year; or name of city department
and manager.
Standard 2: A Community Tree Ordinance
Date ordinance established
Attach ordinance.
Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita
Total community forestry expenditures ............................................... $
Community population......................................................................
Attach annual work plan outlining the work carried out during the past year. Attach breakdown of community, forestry expenditures.
Standard 4: An Arbor Day Observance and Proclamation
Date observance was held
Attach program of activities and/or news coverage. Attach Arbor Day proclamation.
Signature Title Date
Please type or print the following:
Mayor or equivalent: City Forestry Contact:
Name: Name:
Title:
Address: —
City, State, Zip:
Phone #: —
Email:
Title:
Address:
City, State, Zip:
Phone #:
Email: _
NOTE: Application will not be processed without attachments.
Certification
(To Be Completed By The State Forester)
(Community)
The above named community has made formal application to this office. I am pleased to advise you that we reviewed
the application and have concluded that, based on the information contained herein, said community is eligible
to be recognized and designated as a Tree City USA, for the calendar year, having in my opinion met
the four standards of achievement in urban forestry.
Signed
State Forester Date
Person in State Forester's Office who should receive recognition material:
Name: UPS Address:
Title: City, State, Zip:
Agency: PH If: Email:
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VETERANS OF FOREIGN WARS OF THE U.S.
FRED NEEDHAM POST NO. 2669
736 Bay Street MAY 2 4 pc j0
Port Orchard, Washington 98366
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PLANNING dFPgR MENT
This letter is addressed to whomever has the authority to respond to it.
subject: Construction of a Veterans Memorial on the Port Orchard waterfront.
It is the desire of VFW Post 2669 to build a Veterans Memorial in Port Orchard as we do not
have one.
There is a small one in Manchester at the library. We had hoped to expand it but Manchester
had to many objections to our plan so we cancelled.
Now we are thinking how nice it would look on the grass strip running between the Harbor and
the parking lot on the waterfront.
There seems to be some confusion as to who has jurisdiction over that property so we address
this letter to whoever does.
VFW Post 2669 has been in business in this community for 76 years. We are capable of
completing this project. The wall we have currently designed is negotiable as to the size and shape
and we are Flexible on the exact location on the strip. When this plan for the wall is completed
it will repersent over $17,000 invested by the community.
We have attached a drawing and detailed construction plans.
paints of contact
Post Commander, Ted Streete (360) 876-2669
Project Chairman, Joseph Hovey (360) 895-9042
member, Robert Hovey (360) 876-2669
E-Mail vpost@live.com
fax (360)876-2669
Post Commander
5/3/2010
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CITY Or PORT ORCHARD
Planning Department
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-49919 Pax: (36o) 876-498o
planning@cityofportorchard.us
www.ci tyofportorcha rd.as
June 15, 2010
Joseph Hovey, Project Chairman
Ted Streete, Post Commander
VFW Post 2669
736 Bay Street
Port Orchard, WA 98366
Re: Parcel Number 262401-1-007-2008
File: P-040-10
LIS: 10-00227
Attendees: Joseph Hovey, VFW Post 2669; Mike Gates, VFW Post 2669; James Weaver,
Development Director; Mark Dorsey, Public Works Director; Steve Slaton, Port of Bremerton;
Stephanie Andrews, Assistant Planner; Greg Rogers, South Kitsap Fire District; Brian Miller,
Engineering Technician II
Thank you for meeting with staff on Monday, June 7, 2010 to discuss your project. According
to the documents submitted and the information provided at the pre- application meeting, it
appears that you would like to place a memorial wall for Veterans of Foreign Wars located at
700/707 Sidney Parkway, parcel number 262401-1-007-2008 which is owned by the City of
Port Orchard.
Land Use and Zoninn:
Environmental Regulations:
The City of Port Orchard Shoreline Master Program (SMP) designates all shorelines along
Sinclair Inlet as "Shorelines of Statewide Significance." Any development occurring within 200
feet of identified state shorelines is considered a regulated activity. Development cannot
proceed without first obtaining a Substantial Development Permit. This permit is required
when the value of any development exceeds the total cost or fair market value of $2,500, or
when any development materially interferes with the normal public use of the water or
shorelines of the state. Your pre -application materials state that the proposed project will be
valued at over $17,000 and it will be placed within approximately 15' of the shoreline.
The Shoreline Master Program additionally classifies this shoreline as "Downtown Upland";
and referring to the Use Matrices in Section 8.1, Water-Related/Enjoyment Uses are a
Permitted use. As long as the value of the project is under $2,500, the Shoreline Exemption
will be the permit to apply for. if the value is over $2,500, a Substantial Development Permit
will be needed. If the Substantial Development Permit is applied for, the application will have
to go to a hearing with the City of Port Orchard Hearing Examiner to evaluate the project.
Title 18 of the Port Orchard Municipal Code contains additional regulations for environmentally
sensitive areas, including Fish and Wildlife Habitat Conservation areas. Section 18.06.030
states that buffers or setbacks shall be maintained along the perimeter of fish and wildlife
habitat conservation areas, as listed in Table 18.06.030, This table does not associate
Downtown Upland shorelines with a buffer, however a 25' minimum building setback is
required. Distances shall be measured from Ordinary High Water Mark (OHM). To locate a
structure within the setback, a Variance must be obtained in accordance with Port Orchard
Municipal Code (POMC) Section 18.01.070. However, this project may be considered as part
of the waterfront boardwalk trail system as a trail -related facility. Those facilities and uses
associated with the trail system do not require a variance.
It does not appear that the project meets any of the exemption criteria listed in WAC 197-11-
800 Categorical Exemptions. A State Environmental Policy Act (SEPA) checklist is therefore
required.
Zoning:
The zoning designation for this site is Mixed Use. The property also lies within the Downtown
Overlay District (DOD) and the View Protection Overlay District. Based on the information
provided in the Pre -Application documents, it does not appear that these regulations will have
many applicable sections to this proposal. Per Section 16.20,201 of the POMC, Parks and
accessory uses are permitted outright within the DOD.
General:
The applicant may want to request a meeting with the Planning Commission to solicit feedback
on the project prior to the Hearing with the Hearing Examiner or before going before the City
Council.
As an alternative, the applicant may consider minimizing the cost of the project to reduce the
permit requirements.
Summary of Land Use Permits Discussed and Estimated Fees
1) If value is over $2,500: Substantial Development Permit ($500)
2) If value is over $2,500: Hearing Examiner Fees ($2,500)
3) If value is over $2,500: Hearing Examiner Administration Fee ($250)
4) If value is under $2,500: Shoreline Exemption Permit ($50.00)
5) SEPA Checklist ($250)
The $150 fee for this Pre -Application Meeting can be applied toward these permit fees if
application is made within 12 months.
Total permit cost estimate if value is over $2,500: $3,500 (with $150 credit)
Total permit cost estimate if value is under $2,500: $300 (with $150 credit)
Fire District Comments:
The South Kitsap Fire & Rescue Prevention Office has completed a review of the plans that
were dated received May 26, 2010 for the Veterans Memorial, located at Waterfront Greenbelt
on Sidney Parkway in the City of Port Orchard, and has no immediate concerns with this
project at this following time. Nothing in this review is intended to authorize or approve of any
aspect of the design that does not comply with all applicable codes and standards. Should
additional information become available, these comments may require modification. Please
insure that additional information regarding this project is forwarded to our office. If you have
any questions, please contact me at 871-2411 (Greg Rogers).
Public Works/Engineering Department Comments:
Preliminary findings for the proposed site location of the memorial near the Marina Restroom
indicate that there is an existing 18-inch diameter sanitary sewer force main and an existing 6-
inch diameter water main located within the proposed areas. Please coordinate the location of
these utilities with Public Works and design the proposed structure such that a minimum 7.5-ft
setback from both water and sewer utilities is maintained. This is required to provide
unobstructed access to these areas in the event of needed upgrades and/or repairs. Please
perform a design locate prior to design submittal. The remaining site alternative near the
torpedo at the Port's recreational boating facility appears to have no city utility conflicts. A map
of the sewer and water lines is attached to this letter for your reference.
Building Department Comments:
No comments at this time, building permit will
exact specifications.
be reviewed at the time of project submittal for
Thank you again for considering the City of Port Orchard for your development proposal. The
City's goal is to promote excellent customer service and efficient processing of all permits.
This information presented above is based on partial plans and information. Please note that a
more complete submittal with additional information may change the requirements of the
application.
If you have additional questions, please feel free to contact me at (360) 874-5526. If you would
like a pre -submittal meeting to assist in the application process, please bring your proposal to
the city so we can assist you in submitting the appropriate information.
Respectfully,
Stephanie Andrews
Assistant Planner
(360) 874-5526
cc: File: P-040-10
City of Port Orchard
Public Property Committee
Meeting Minutes
Tuesday, June 8, 2010
Present: Chair Fred Olin, Committee members, Carolyn Powers & Fred Chang. Mayor Lary
Coppola was present. City Staff present: City Clerk Patti Kirkpatrick, Development Director
James Weaver, and Public Works Director Mark Dorsey. Also Present: Joseph Hovey, Mike
Dates, Wayne Patterson & Family, John Ready.
Chair Olin called the meeting to order at 7:40 A.M.
Petition for No Parking on Advantage Avenue Public Works Director, Mark Dorsey
discussed the existing parking conditions on Advantage Avenue and illustrated the
history of the development of the subdivision, parking issues, and resulting design of the
road during previous administrations. Wayne Patterson, representing the petitioners
explained the parking difficulties on the narrow street and detailed the request for
removal of the No Parking signs from the west side of the street, allowing parking on
one side. Director Dorsey explained his discussions with Waste Management regarding
truck access to the street, and indicated from his preliminary discussions, that the
parking on one side would be amenable to the service providers and may not
necessarily impede required access. The committee further discussed the proposal and
direct staff to prepare a resolution for the removal of the no parking signs on one side of
Advantage Avenue for full council consideration.
John Ready Parking Issues John Ready, owner of the Wine Shop in downtown Port
Orchard described his concerns regarding event parking and the impacts it may have
on his and other Harrison Street businesses. Discussion revolved around the Farmers
Market configuration in the City parking lot with relation to the transfer of Port parking
spaces to the other side of the public parking lot. Public Works Director Mark Dorsey
informed the committee of the progress working for the swap of parking stalls between
the Port of Bremerton and the City. Director Dorsey indicated that the swap was
approved by City Council and now was dependent upon approval by the Port
Commissioners. Mr. Ready expresses support of the proposed swap to address the
majority of the issues brought forward.
Discussion of Paul Powers Park Improvements Committee Chair, Councilman Olin
and the committee discussed with Public Works Director Dorsey, the opportunity to
make no -cost improvements to the Paul Powers Park. Specifically, Director Dorsey
provided a draft implementation proposal of reconfiguring the fencing and the entrance
to the park as well as restriping areas for additional parking. Director Dorsey discussed
the SUR fire calibration equipment located on the Park and the need for the relocation
of test pit equipment to the readiness center in Bremerton. Communication would be
pursued with the Fire District regarding the potential relocation. It was acknowledged
that no funds had been placed in the 2010 budget for the improvements, but the
committee was assured that the project would be brought forward as part of the 2011
budget. The committee supported Director Dorsey ability to utilize existing public works
staff, volunteers, and/or community service personnel to update the entrance and
parking provided there was no impact on the 2010 budget. It was agreed that further
SACity Council\Committees\Public Property\Minutes\2010\PUBLIC PROPERTY MEETING Minutes 06-08-10 DRAFT.doc
Public Property Minutes
Meeting of June 8, 2010
Page 2 of 2
discussion was warranted and this item would be brought before the full City Council for
further review at a future work study meeting.
Discussion of leasing/monthly rental of property located below Kitsap County Public
Works Building & Dwight Street: The Committee discussed a proposal for extended
parking alternatives near the Kitsap County Court House. Public Works Director Mark
Dorsey discussed resolution of the vacant right of way at Dwight Street and the potential
for use by Kitsap County Public Works for parking or for conversion into public parking
areas. The Kitsap County Bar Association had requested an exploration of alternatives
for extending parking surrounding the courthouse due to regular court cases where a
break to accommodate the two hour parking limitations was not possible. The idea of
extended parking Kiosks was discussed as an alternative to multiple parking issues
within the area. The Committee discussed various iterations of the proposals and
recommended that City staff and City Attorney investigate the underlying right of way
and any land use approvals for the County Administration Building. Staff was to discuss
this at the next available Council workstudy meeting with the vacant right of way at
Dwight to be brought separately at the July workstudy meeting.
City Recycling Bins Adiacent to City Trash Cans: Committee member and councilperson
Fred Chang discussed the viability and possible cost of providing recycling bins adjacent to the
City trash cans located on Bay Street. Public Works Director Dorsey discussed his conversations
with Waste Management, and offered the options that ever available under the existing contract
in regards to the recycling component. The committee agreed that it would be beneficial to
have the existing contract examined for the recycling component and, if available at no cost, a
pilot project begun for locating recycling containers on Bay Street.
Veterans Waterfront Memorial Potential Proiect A discussion with the Veterans
representatives regarding a proposed waterfront memorial was discussed, and the submitted
information regarding construction, materials, placement, and but no specific information was
available at the time of the meeting. The general consensus from the Committee was that the
most desirable location for the proposed monument may be adjacent to the existing torpedo
and memorial located at the Water Street Boat Launch. The various elements of the monument
was discussed by the committee with the Veterans representatives. Development Director
James Weaver indicated he would be meeting with the organization upon submission of any
permits for the project. The item was recommended for inclusion on the July workstudy
meeting for council consideration.
Additional Items: Public Works Director Mark Dorsey also discussed general right of way
issues with the committee regarding street tree cutting policies and power line interactions with
trees in the right of way.
Meeting Adjourned: 9 AM
Next Meeting: Will be determined at a later date
cc: Council, City Attorney, Mayor, and Department Heads
CITY Or PORT ORCHARD
Planning Department
216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 876-4991• Pax:(36o) 876-498o
planning@ cityofpor[o rcha rd.us
www.cityofportorchard.us
2010 Comprehensive Plan Update — Preliminary Docket Agenda
Pursuant to Port Orchard Municipal Code Section (POMC) 16.05 the Development Director, by the
authority issued in Port Orchard Municipal Code, has initiated the process for the 2010 annual
amendments to the Port Orchard comprehensive plan. In compliance with POMC 16.05.060, the
Development Director has compiled and will maintain for public review this recommended final
comprehensive plan amendment agenda for site -specific amendments and for city-wide amendments.
All comprehensive plan amendment applications per POMC 16.05 were required to be completed and
submitted to the planning department by 5:00 p.m. on June 15th of any year in order to be considered
during that year's amendment process. The Development Director has based these docket
recommendations on a preliminary evaluation of the need, urgency, and appropriateness of the
suggested comprehensive plan amendment as well as the planning department staff and budget
availability to accommodate the public review process. The following preliminary agenda is provided for
the 2010 Update to the Port Orchard Comprehensive Plan.
Site -Specific Comprehensive Plan Amendments for Consideration in 2010.
1. Consideration of Site Specific Comprehensive Plan Amendment, No. R- 1173: Coy Rezone,
located at 1710 Pottery Avenue, proposing a Commercial Land Use designation.
City -Wide Comprehensive Plan Amendments for Consideration in 2010.
Consideration of 2010 Annexed Areas into the Port Orchard Comprehensive Plan.
Consideration of Updates to Appendix A, Maps
Consideration of Updates to Appendix G, Plans Adopted by Reference
All comprehensive plan amendments shall be prepared for public notice and comment for consideration
by the Port Orchard Planning Commission prior to September 15, 2010. Upon recommendation from
the Port Orchard Planning Commission, all proposed comprehensive plan amendments shall be
prepared for public notice and for public hearing consistent with Port Orchard Municipal Code Section
16.05 and before the City Council, prior to December 15, 2010. Please forward any comments or
questions regarding the 2010 Update to the Port Orchard Comprehensive Plan to the Port Orchard
Planning Department, 216 Prospect Street, Port Orchard, WA 98366 or planning cit ofportorchard.us.
Thank you.
James R. Weaver, AICP
Port Orchard Development Director
Patricia J. Kirkpatrick
From: Lary Coppola
Sent: Monday, August 09, 2010 2:30 PM
To: Carolyn Powers (cpowers@wavecable.com); Fred Chang; Fred Olin; James Colebank; Jerry
Childs; John Clauson (johnc@kitsaptransit.com); Robert Putaansuu
Cc: Patricia J. Kirkpatrick; James Weaver; Mark Dorsey; Jennifer Forbes
Subject: Revised Countywide Planning Policies
Attachments: CPP with all revisions as of 07 29 10.pdf
Attached are the proposed revisions to the Countywide Planning Policies (CPPs).While this a mandatory update, I
personally have some reservations about the amount of local control being ceded to the PSRC, the number of unfunded
mandates in here, the unscientific basis in which climate change issues are addressed, as well as some other aspects that
I don't believe are within the purview of government in general, and in my view reflect a "nanny state' mentality. The
changes to the existing CPPs are in red. I'd appreciate it if you would take the time to review these, and give me your
feedback on these changes since I have to vote on this amended document at some point on behalf of the City.
Specifically, what concerns me are the following:
Page 14, the new language specifying that PSRC may have to approve any change in Center status.
Page 18, the new sections 3 & 4, which mandate we deal with Greenhouse gases, but outlines no funding source.
Page 20, 1D, adding the reference we adhere to Transportation 2040.
Page 20, 2D, the new section mandating we deal with corridors crossing jurisdictional boundaries. This could allow
another jurisdiction to scuttle any plans we have to upgrade a transportation corridor (such as Bethel) because it crosses
jurisdictional lines (in Bethel's case, into the County).
Page 21, The new section 4, article D. I see this as the camel's nose under the tent in reference to mandating future
changes to our local building code.
Page 24, Element H, second bullet referencing "Climate." There is no standard defined, or recognized science as to how
this will be determined and/or enforced.
Page 24, Element H, third bullet. Who will define "Clean" and what standards will be applied?
Page 25, 1 have heartburn about the reference to climate change in the text box.
Page 26, Section F. This is an unfunded mandate
Page 26, Section 3B. The reference to Greenhouse gases. There is no scientifically established way to quantify this.
Page 31, Section 1D should be amended to read, "The County and the Cities should each identify specific policies
and implementation strategies in their Comprehensive Plans and should enact implementing regulations that result
in no net loss of buildable lands, in order to provide a mix of housing types and costs to achieve identified goals for
at all income levels including good access to employment centers.
Page 31, 4B,i, looks to me to be an unfunded mandate.
Page 32, 4F, the subsidizing of fees begs the question of gifting of public funds
Page 32, 4G, ii, seems to contradict much of what has preceded it in this entire document.
Lary Coppola, Mayor
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
(360) 876-7025 - Direct Line
themayor@citVofportorchard.us
Proposed Revisions to the
Adopted Kitsap Countywide Planning Policies
November 19, 2007
Attached are the Kitsap Countywide Planning Policies as adopted by the Kitsap
County Board of Commissioners by ordinance on November 19, 2007 (Ordinance
403-2007). The Countywide Planning Policies as revised are currently in effect in
Kitsap County.
The Kitsap Countywide Planning Policies are the framework for growth management
in Kitsap County. Under the Growth Management Act, the Puget Sound Region is
defined as King, Kitsap, Snohomish and Pierce Counties. The Puget Sound Regional
Council is responsible for developing the four -county regional transportation and land
use vision. The Kitsap Countywide Planning Policies tailor the Puget Sound Regional
Council's regional growth management guidelines to Kitsap County and are the
policy framework for the County's and the Cities' comprehensive plans. The Kitsap
Countywide Planning Policies address 14 separate elements, ranging from urban
growth areas to affordable housing.
The Countywide Planning Policies are required by the Growth Management Act
and may be appealed (only) by Cities and the Governor of Washington. The
original Kitsap Countywide Planning Policies (adopted by Kitsap County in 1992)
and subsequent revisions (August 2001, December 2003, November 2004,
November 2007, [Month ofadoptioW, 2010)) were developed through a multi -
jurisdictional collaboration sponsored by the Kitsap Regional Coordinating Council
among: Kitsap County, the Cities of Bremerton, Bainbridge Island, Port Orchard &
Poulsbo, the Suquamish & Port Gamble S'Klallam Tribes, the Navy, the Port of
Bremerton, and Kitsap Transit.
Kitsap County is lead agency for its environmental review.
For Review and Discussion:
September 7, 2010 Study Session
Note: All proposed revisions are color -coded Red
Pages with such proposed revisions are noted with *
Proposed Revisions: Draft July 29. 2010 I Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
0
CONTENTS
V
Page
INTRODUCTION............................................................................................. 3
POLICY ELEMENTS
A. Countywide Growth Pattern(CW).............................................................. 5
B. Urban Growth Areas(UGA)..................................................................... 7
C. Centers of Growth(C)...................................................................... 12
D. Rural Land Uses and Development Patterns (R)......................................... 15
E. Countywide Strategies for Open Space Preservation, Resource Protection
And Critical Areas, Air Quality, and Water Quality/Quantity (PPCAAAW ... ...... 17
F. Contiguous, Compatible, and Orderly Development (CLOD) ............ ..... 20
G. Siting Public Capital Facilities of a C,.. nt. ,vvi e or SteAewide Nature (CF).. 22
H. Transportation(T)..................................................................... 24
I. Affordable Housing (AH)........................................................ 30
J. Countywide Economic Development (ED) .............................. ...... 33
K. An Analysis of the Fiscal Impact(FI)............................................. 35
L. Coordination with Tribal Governments(CT).................................... 36
M. Coordination with Federal Government including Navy (CF)............... 37
N. Roles & Responsibilities(RR)............................................................... 39
I_\»m101117►1
A. Ratification Process a
B. Population Distribution b
C. Urban Growth Area Management Agreements c
D. Revenue Sharing Interlocal Agreement (adopted December, 2001) d
E. Current Organizational Interlocal Agreement e
F. Regional and Kitsap-Designated Centers List f
G. Centers & Limited Areas of More Intensive Rural Development (LAMIRD) Matrix g
Proposed Revisions: Draft July 29. 2010 2 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
INTRODUCTION
The Growth Management Act (GMA) is founded on the principle that it is in the best interest of the
citizens of the State to foster coordination and cooperation among units of local and state government.
Cities and counties must engage in a collaborative planning process under the requirements of the Act.
Specifically, the Act states that, "THE LEGISLATURE FINDS THAT UNCOORDINATED AND UNPLANNED
GROWTH... POSEA THREAT TO THE ENVIRONMENT, SUSTAINABLE ECONOMIC DEVELOPMENT, AND THE
HEALTH, SAFETY, AND HIGH QUALITY OF LIFE ENJOYED BYRESIDENTS OF THE STATE. IT IS IN THE PUBLIC
INTEREST THAT CITIZENS, COMMUNITIES, LOCAL GOVERNMENTS, AND THE PRIVATE SECTOR COOPERATE AND
COORDINATE WITH ONE ANOTHER IN COMPREHENSIVE LAND USE PLANNING. "
The Growth Management Act (RCW 36.70A.210) states that "A COUNTYWIDE PLANNING POLICYIS A
WRITTEN POLICY STA TEMENT OR STATEMENTS USED SOLELY FOR ESTABLISHING A COUNTYWIDE FRAMEWORK
FROM WHICH CO UNTY AND CITY COMPREHENSIVE PLANS A RE DE VELOPED A ND A DOP TED ... (TO)ENSURE
THAT CITYAND COUNTY COMPREHENSIVE PLANS ARE CONSISTENT— " as required in RCW 36.70A.100.
"NOTHING IN THIS DOCUMENT SHALL BE CONSTRUED TO ALTER THE LAND USE POWERS OF CITIES. ". The
Act requires that the countywide policy be collaboratively developed among Cities and the County.
Further, "FEDERAL AGENCIES AND INDIAN TRIBES MAY PARTICIPATE IN AND COOPERATE WITH THE
COUNTYWIDE PLANNING POLICYADOPTION PROCESS. " These policies may also be used for other
purposes requiring collaboration and cooperation in addition to the development and adoption of
comprehensive plans.
Vision 2040 adopted by the Puget Sound Regional Council during 2010) serves as the long-range
growth management, environmental, economic development and transportation strategy for King,
Kitsap. Pierce. and Snohomish Counties. Vision 2040 includes the Regional Growth Strategy, Multi -
County Planning Policies (RCW 36.70A.210) and Implementation Actions.
The 1992 Kitsap Countywide Planning Policies and subsequent revisions in 2001, and 2003, 2_00 7.
and 2010. were developed by a committee of planners representing Kitsap County, the City of
Bremerton, the City of Port Orchard, the City of Poulsbo, the City of Bainbridge Island, the Port
Gamble S'Klallam Tribe, the Suquamish Tribe, the Navy, and Kitsap Transit.' At each point, the
Kitsap Regional Coordinating Council conducted a public hearing and prepared a recommendation for
adoption by the Kitsap County Board of Commissioners and ratification by Cities and Tribes. The
process of review and discussion through the Kitsap Regional Coordinating Council forum is intended
to foster consensus whenever possible. County and City Comprehensive Plans must be consistent with
the adopted Countywide Planning Policies.
Policies for Undate and Ratification (UR):
1. The Kitsap Countywide Planning Policies should be dynamic and regularly monitored for
applicability and effectiveness.
a. The adopted Countywide Planning Policies should be reviewed through the Kitsap Regional
Coordinating Council process at least every five years. Proposed revisions shall be reviewed
for impacts according to the State Environmental Protection Act (SEPA) and shall be
consistent with the State Growth Management Act (GMA).
b. The County or a City may propose a policy amendment to the Countywide Planning Policies.
' The Kitsap County Health District also reviewed and commented upon the 2010 amendment PrQposals..
Proposed Revisions: Draft July 29. 2010 3 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
2. Proposed amendments should be considered on a regular basis and voting is subject to the Kitsap
Regional Coordinating Council by-laws.
a. Kitsap County shall take action to consider and adopt amendments or revisions to the
Countywide Planning Policies following recommendation from the Kitsap Regional
Coordinating Council.
b. The Kitsap Regional Coordinating Council will strive for ratification by all Cities and Tribes
during the 90 days following the Board of County Commissioners' adoption of its subject
ordinance. The adopted CPP will become effective upon ratification by three or more cities in
Kitsap County.
c. A City or Tribal Council that does not ratify the revised Countywide Planning Policies within
90 days of the Board of County Commissioners' adoption of its subject ordinance shall
provide a written statement of its objections to the Kitsap Regional Coordinating Council, in
order to facilitate further review. (See Appendix A for process flow chart).
d. Once the ratified revisions to the Countywide Planning Policies take effect, a City or the
Governor's office may appeal the revisions to the Growth Management Hearings Board
within a further 60 day period.
Proposed Revisions: Draft July 29. 2010 4 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element A. Countywide Growth Pattern
The vision for the future of Kitsap County, agartiop fW te4 i.n the KAsap /', u o, /'.,mpr a ..;.. Plan ; l o
"seeks to maintain and enhance the quality of life that makes our County a special place to live and work......
envision a future in which our natural systems are protected; the water quality in our lakes, streams and
Puget Sound is enhanced; the village character of some of our smaller towns is preserved; the historical
nature of our communities is respected in order to preserve our heritage for future generations; a diversified
economic base that supports good jobs, contributes to healthy downtowns in our cities and affordable
housing choices; the rural appearance of our county is perpetuated.
This vision of the future, shared by citizens and elected officials, includes the following elements:
a. Livable urban communities and neighborhoods, centers for employment, civic activities, housing:
Attractive, well designed, bLkelpedestrian -friendly and livable urban communities, supported by
efficient and high quality services and facilities, and providing a range of housing choices.
Healthy cities that are the region's centers for employment, affordable housing choices, and
civic and cultural activities.
b. Vital diversified economy: An *MyPdAy#w*ed-economv that provides training education, and living
wage jobs for residents, supported by adequate land for a range of employment uses and that
encourages accomplishment of local economic development goals as articulated in Kitsap 20120.
C. Efficient multi -modal transportation system: Creation of an efficient, clean, and sustainable multi -
modal transportation system — including roads and highways, public transportation, ferries, airports, and
opportunities for non -motorized travel — that provides efficient access and mobility for county
residents, and supports our land use pattern.
d. Natural systems protection:
Protection and enhancement of the natural environment, including wetlands, streams, wildlife
habitat, shorelines, water quality, air, climate, and natural resource as lands.
Creation of a system of open space, try parks, and greenbelts that provide opportunities for
recreation and that give structure and separation to urban areas.
e. Rural character : Maintenance of the traditional character, appearance,
economic and ecolozical functions, and lifestyles of Kitsap County's rural communities and areas to
include the production and distribution of locally grown food.
f. Responsive Government: An efficient and responsive government that works in partnershipwith
citizens, governmental entities and Tribes to meet collective needs fairly; and that supports education,
environmental protection and human services.
A key strategy to accomplish this vision is the intention to encourage future urban growth in areas within
incorporated cities and in unincorporated areas that are already characterized by urban growth with existing
and planned services and facilities. These actions will work to strengthen our natural environment and rural
character, and are geared to reduce taxpayer costs by focusing the expenditure of public funds, encouraging
concentrated development where appropriate, and increasing our choices for housing and jobs."
Proposed Revisions: Draft July 29. 2010 5 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Balancing historical patterns of growth with a preferred vision of the future and legal requirements
is an on -going challenge. Tradeoffs must be made to balance the costs with the gains; flexibility is
necessary to adapt to changing conditions. These policies are intended to reflect the long-term
goals of the people living, working and doing business here.
Policies for Countywide Growth Pattern (C)Y):
1. Roles of Cities and Urban Growth Arcas/Urban Communities
a. The primary role of Kitsap's urban communities is to encourage growth, through new
development, re -development and in -fill. (See Appendix B for current and projected
population distribution.) Population growth should be directed to Cities. urban growth areas
and centers with a transportation system that connects people with jobs and housing.
b. Each of Kitsap's urban communities should foster its unique vision as a high quality place to
live and work, through urban design, historic preservation, and arts that improve the natural
c. In Kitsap, urban communities are closely linked to water and natural amenities and provide
open space links to the natural environment.
2. Roles of Kitsap County:
a. Keep regional vision in mind when making local decisions.
b. Promote stewardship of unincorporated urban areas and promote '-,.,,sitio . to ,.;ties • "
finanaially viab4e. annexation into cities or incorporation.
c. Maintain/enhance natural systems and rural character.
d. Include a variety of low density rural communities, densities, and uses.
3. To achieve these goals, the Kitsap Regional Coordinating Council member jurisdictions
should:
a. Make decisions together when needed.
b. Coordinate and cooperate on land use, policy and capital planning.
c. Establish and keep updated a Buildable Land Analysis Program.
d. Develop a program for the Transfer of Development Rights to preserve lands with
important public benefits.
e. Maintain/preserve distinct urban identities with green breaks or other natural features.
f. Promote tiering and/or phasing of infrastructure development within Urban Growth Areas.
g. Develop and implement land use policies, regulations and incentives to promote the
efficient use of urban areas.
h. Incorporate provisions addressing health and well-being into appropriate regional,
countywide, and local planning and decision -making processes
Proposed Revisions: Draft July 29. 2010 6 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element B. Urban Growth Areas
The basic premise for designating Urban Growth Areas is to encourage the location of urban density
residential, commercial and industrial developments in areas where services can be most
economically provided. The benefits of directing growth to designated urban areas include:
* Higher density residential development within walking or bicycling distance of jobs, transit,
schools and parks.
* Limiting urban expansion into rural and forested areas.
* Promotion of in -fill or redevelopment of existing urban areas.
* Preservation of open space, critical areas and lands designated for resource protection.
* Accommodation of employment growth in a concentrated pattern.
* More economical provision and maintenance of streets, sewer/ water lines and other public
facilities.
* Promotion of attractive residential neighborhoods and commercial districts which provide a
sense of community.
* A harmonious relationship with regional planning as articulated by Vision 20M 2040 and
Transportation 2040 adopted by the Puget Sound Regional Council as the
growth and transportation strategy for central Puget Sound.
Policies for Urban Growth Areas (UGA):
Background: The Growth Management Act
1. Land Utilization & Monitoring Programs:
was amended in 1997 requiring Kitsap
County and Cities to monitor countywide
Consistent with RCW 36.70A.115, the County and Cities
development activities in five-year intervals
shall ensure that, taken collectively, adoption of and
in order to test their Comprehensive Plans'
amendments to their comprehensive plans and/or
growth and land absorption assumptions.
development regulations provide sufficient capacity of land
Two different analyses are used: (1) The
suitable for development within their jurisdictions to
Land Capacity Analysis, first conducted by
accommodate their housing and employment growth
Kitsap County in 2002, estimates the existing
land supply based on a set of defined
(derived from population distribution), as adopted in the
assumptions, e.g. market factor, speed of
applicable Countywide Planning Policies and consistent
land absorption, critical areas exclusions, etc.
with the 20-year population forecast from the WA Office
It uses a consistent, agreed -upon
of Financial Management and Vision 2040 guidance.
methodology, with allowance for
documented variations for individual
a. The County and the Cities shall maintain a Land
jurisdiction's conditions. (2) The Buildable
Capacity Analysis Program using consistent, agreed-
Land Analysis (as required by the State
upon methodology to estimate the land supply available
GMA) uses recorded permit activity to track
to accommodate future residential, commercial, and
and monitor residential, commercial, and
industrial growth.
industrial growth. It will be updated
throughout Kitsap County in 2007. It is an
b. The County and the Cities shall participate in an agreed
adaptive management tool for comparing
upon Buildable Lands Analysis Program to monitor
development assumptions, targets, and
and evaluate the effectiveness of their respective
objectives with actual development. If
Comprehensive Plans.
inconsistencies are found, the County and
Cities must then implement reasonable
c. The County and Cities shall establish procedures for
measures, other than adjusting Urban Growth
resolving disputes in collection and analysis of Land
Areas, that will be taken in order to comply
Capacity data. In the event a resolution cannot be
with the GMA. The following countywide
achieved, the Kitsap Regional Coordinating Council
planning policies relate to this regional
program to monitor the buildable land supply
for future growth as forecasted by the State
Proposed Revisions: Draft July 29. 2010 7 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
shall be a forum to review and if possible facilitate any disputes between parties.
2. Each jurisdiction is responsible for implementing appropriate reasonable measures
within its jurisdictional boundaries. If the Buildable Lands Analysis shows that a
jurisdiction's Comprehensive Plan growth goals are not being met, that jurisdiction shall
consider implementing additional reasonable measures in order to use its designated
urban land more efficiently.
3. Process and criteria for establishing, expanding, and adjusting Urban Growth Areas in
Kitsap County:
a. Urban Growth Areas are areas "within which urban growth shall be encouraged and outside
of which growth can occur only if it is not urban in nature" (RCW 36.70A.I I0(1)) except
under specific circumstances, as fully contained communities and master planned resorts as
authorized by the Growth Management Act.
b. Unincorporated Urban Growth Areas shoo shall be associated with an existing or future
city.
c. All Urban Growth Areas shall be reflected in County and respective City comprehensive
plans.
d. Sufficient area must be included in the Urban Growth Areas to accommodate the adopted
20-year population distribution as adopted by the Kitsap Regional Coordinating Council
and consistent with WA Office of Financial Management projections.
e. A jurisdiction may define growth tiers within its Urban Growth Area (RCW 36.70A.110.3)
to focus public and/or private investment where growth is desired. Utility development
and/or expansion may be phased to support efficient and cost-effective growth and to
prioritize investments.
f. The County, City, or interested citizens may initiate an amendment to an existing Urban
Growth Area through the comprehensive plan amendment process as authorized by the
Growth Management Act.
g. Any jurisdiction seeking to expand its Urban Growth Area shall achieve densities and
urban growth patterns consistent with the Growth Management Act and the City's adopted
Comprehensive Plan and any inter -local agreement between the City and the County.—
h. If an adopted or proposed, 20-year projected population distribution requires the expansion
of its Urban Growth Area, the respective jurisdiction shall conduct planning and analysis,
addressing the following conditions:
i. Update and confirm the capacity analysis for land within the existing Urban Growth
Area for residential, commercial, and/or industrial lands, which takes into account all
development approved within the overall UGA since the last UGA expansion. This
shall be based upon updated Buildable Land and Land Capacity Analyses that follow
the guidelines of RCW 36.70A.215. or other analysis determined appropriate for the
particular UGA involved. To maximize consistency across jurisdictions, each
jurisdiction shall use consistent methodology in calculating capacity.
ii. Review the planning and zoning regulations and any incentive programs in place to
determine expected densities and urban growth patterns in the existing UGA consistent
with the Growth Management Act and the jurisdiction's adopted Comprehensive Plan.
Proposed Revisions: Draft July 29. 2010 8 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
iii. Determine whether the adoption and implementation of suitable reasonable measures
should be considered, if the Buildable Land Analysis shows that its Comprehensive
Plan growth goals are not being met.
iv. Data collection and analysis for the Land Capacity Analysis should be done
cooperatively. The County will be responsible for data describing growth and capacity
in the unincorporated portion of the Urban Growth Area, and the City for the
incorporated portion.
Expansion of Urban Growth Areas shall direct growth first to areas already characterized
by urban growth that have adequate existing public facility and service capabilities to serve
development; second to areas already characterized by urban growth that will be served
adequately by a combination of both existing public facilities and services and any
additional needed public facilities and services that are provided; and third to areas that are
adjacent to incorporated cities or established Urban Growth Areas once the available land
meeting the first or second priority has been designated. Areas which have existing public
facilities or where public facilities can be reasonably extended and are not currently at
urban densities should be considered first within this category.
j. Ajurisdiction, as part of its Comprehensive Plan amendment or Subarea Plan process, that
proposes an expansion of the UGA shall prepare or update a comparison of potential areas
for expansion, including.
i. Planning and zoning regulations currently in place.
ii. An evaluation of how a full range of urban -level infrastructure and services would
be provided within potential expansion areas, including appropriate capital facility
analysis.
Fire Storm Water Solid Waste
Police Potable Water Park & Recreation Facilities
Transportation Sewer Schools
Utilities: Power and Telecommunications, including Broadband
Emergency Medical Services
All service providers including special districts and adjacent jurisdictions should be
included in the evaluation. Best available infrastructure technology may be used
provided that it has been approved by the jurisdiction as part of a broader review of
available technology.
iii. Although specific standards and criteria are not implied, other factors shall be
addressed in evaluating areas for Urban Growth Area expansion, including but not
limited to: environmental constraints; economic development; preservation of
cultural, historical, and designated resource lands.
k. The City and County shall conduct early and continuous public involvement when
establishing, expanding, or adjusting Urban Growth Areas, and shall do so jointly when
appropriate. Residents of unincorporated areas should be consulted and actively involved
in the process affecting them.
Proposed Revisions: Draft July 29. 2010 9 Adopted by Kitsap Counry Ordinance 403-2007
November 19, 2007
4. Coordinated Growth Management in Urban Growth Areas:
a. Adopted City and County comprehensive plans shall reflect the intent that all land within
unincorporated Urban Growth Areas will either annex to a city or incorporate within the
20-year planning horizon.
b. To maximize the efficient use of urban lands, subdivisions in Urban Growth Areas shall be
consistent with the associated jurisdiction's Comprehensive Plan and underlying zoning
densities.
c. As described in the Growth Management Act, cities are the primary provider of municipal
services and facilities in their Urban Growth Areas, responsible for demonstrating within
their Comprehensive Plans the capacity to provide all urban services within their associated
Urban Growth Area(s). This may be accomplished through a collaborative process with
Kitsap County and/or other service providers.
d. The County and Cities shall establish procedures to facilitate the smooth transfer of
governance for associated Urban Growth Area(s) through the adoption of Urban Growth
Area Management Agreements (UGAMAs), as per Appendix C: Urban Growth area
Management Agreements.
e: For Urban Growth Areas : at ....peel fie eity.
i. The County should plan with local communities to address land uses, infrastructure
needs, level of service standards as identified in these policies, and other issues as
needed. The results should be reflected in the County Comprehensive Plan.
ii. The County should eentinue to provide a level of urban facilities and services
consistent with the Coun 's ability and appropriateness to provide such services
generally equivalent to these ,.a,.:«:eg ,.....n interim h....:.. for those Urban Growth Areas
that will be associated with a specific city or that will eventually incorporate., and OR HH
on going basis ate
5. Distribution of 20 year population increments, as forecasted by the WA Office of
Financial Management:
a. The Kitsap Regional Coordinating Council shall coordinate the process for distributing the
forecasted population for the period 2005 — 2025 and every five years thereafter, consistent
with the requirements of the Growth Management Act. Kitsap County shall adopt any
revision to the population distribution as part of its next Comprehensive Plan amendment
process and the Cities shall base their Comprehensive Plan amendments upon that
distribution. The distribution process should consider countywide demographic analysis,
the Land Capacity Analysis, and the OFM projections and it shall promote a countywide
development pattern targeting over three quarters (76%) of new population growth to the
designated Urban Growth Areas. The County and the Cities recognize that the success of
this development pattern requires not only the rigorous support of Kitsap County in the
rural areas, but also Cities' Comprehensive Plans being designed to attract substantial new
population growth.
Population distribution will be reviewed through the Kitsap Regional Coordinating Council
process every five years. The review will include an analysis of the Cities' and County's
progress in achieving target distributions. If the 76% UGA target mentioned above for new
population growth and the overall population targets are met or exceeded, the target for
new population will revert to five sixths (83%), as per the revised County -wide Planning
Proposed Revisions: Draft July 29. 2010 10 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Policies adopted by Kitsap County Ordinance #258-01 on August 20, 2001. Otherwise, the
target may be reaffirmed or explicitly modified.
b. Each jurisdiction with a designated Urban Growth Area shall develop an estimate and/or
range of the additional population that it could accommodate and service during the 20 year
planning horizon, consistent with its vision for future community character. The estimate
shall consider the need for increasing population density within the Urban Growth Areas to
promote efficient service delivery, avoid sprawl, and preserve community character.
c. The population estimates and/or ranges shall be provided to the Kitsap Regional
Coordinating Council, with a statement of need concerning adjusted Urban Growth Area
boundaries.
d. The Kitsap Regional Coordinating Council shall compile the jurisdictions' population
estimates, including the estimate of additional population capacity for areas outside the
Urban Growth Areas, and determine whether adjustments to the overall distribution are
required in order to fit within the OFM projected range.
e. The Kitsap Regional Coordinating Council, after conducting a public hearing, shall
recommend the estimate and/or ranges of 20 year population distribution to Kitsap County
for adoption as an amendment to the Countywide Planning Policies.
f. Kitsap County should give substantial weight to the Kitsap Regional Coordinating
Council's recommendation in adopting the 20-year population distribution.
g. Following adoption of the estimates and/or ranges, each jurisdiction should update its
comprehensive plan, so as to arrive at a final population target consistent with the estimate
and/or within the original range.
h. After each jurisdiction has completed its comprehensive plan update, the final adopted
target should be compiled and reviewed through the Kitsap Regional Coordinating Council
process and the revised population distribution incorporated into the Countywide Planning
Policies. A final distribution to Urban Growth Areas versus non -Urban Growth Areas
within the range specified above should then be calculated.
6. Fully Contained Communities and
Master Planned Resorts
A Master Plan review process and
decision criteria for fully contained
communities and master planned resorts
should be incorporated in the County's
comprehensive plan, must reflect the
standards and requirements in the
GMA, and in addition must address the
following:
a. Necessary public facilities, including
but not limited to parks, schools, and
public safety facilities should be pro-
vided within or along with the devel-
opment, consistent with adopted
capital facility and level of service
standards;
Proposed Revisions: Draft July 29. 2010
Under the Growth Management Act (RCW 350), fully
contained communities (FCCs) may be considered, provided
that a portion of the twenty-year population forecast is
reserved for & subsequently distributed to the FCC. The
GMA requires that FCCs provide for a mix of uses that
would provide jobs, housing, & public facilities and services
to support a long-term residential population.
The GMA (RCW 360) also allows the consideration of
proposed master planned resorts (MPR's) outside of Urban
Growth Areas for shorter -term residential uses. Master
planned resorts are described as self-contained, fully
integrated planned developments in areas with significant
natural amenities.
Pro posals,for FCC's should be made available, or review
and comment on regional impacts.
11 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
b. Impacts to public infrastructure, nearby communities, adjacent rural areas, environmental
resources, and designated resource lands should first be avoided, second minimized, and
third mitigated;
c. Provisions for review of such developments through the Kitsap Regional Coordinating
Council process, in addition to other procedural requirements.
Proposed Revisions: Draft July 29. 2010 12 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element C: Centers of Growth
Centers are intended to be compact and centralized working, shopping and/or activity areas linked
to other Centers by transit and non -motorized facilities. Centers and their boundaries are intended
to be locally determined by the County and the Cities where a community -wide focal point can be
provided, significant population and/or employment growth can be located, and the increased use
of transit, walking and bicycling can be supported. Designated Centers are intended to define the
pattern of future residential and commercial/ industrial growth and incorporate opportunities for
parks, civic and public space development in Kitsap County. (See Appendix F for listing of Kitsap
Designated Centers.)
Policies for Centers of Growth (Q:
1. In decisions relating to population growth
and resource allocation supporting
growth, Centers have a high priority.
2. The Kitsap Countywide Plannine Policies
encouraee the development of centers
accordine to the following typoloey:
a. Regional Centers of Growth Centers:
The Puget Sound Regional Council has
defined several types of Regional Centers
within Urban Growth Areas in the four -county
planning region, with planning guidelines
(Vision 2040), Appendix 1 .
i. Metropolitan Centers B_,.„.ei4e„ including the o_,....erton Naval eafliplex.
"Me4e„alitan Centefs ... function as anchors within the region for a high density mix
of business, residential, public, cultural and recreational uses, and day and night
activity. They are characterized by their historic role as the central business districts of
the major cities within the central Puget Sound region, providing services for and easily
accessible to a population well beyond their city limits. Metro Centers may also serve
national or international roles." (Vision 2040)
ii. Urban Centers are areas with
the comprehensive planning to support a wide range of commercial, housing, and
cultural choices. All areas of the Urban Center are serviced by transit throughout the
day and much of the area is within walking or bicycling distance. Significant in -fill
opportunities exist with the highest residential, commercial, and employment densities
expected. (Vision 2040)
b. Regional Manufacturing/Industrial Centers
Manuf etur:„g/Indu..._:-' Gent._., are major, existing regional employment areas of
intensive, concentrated manufacturing and industrial land uses which cannot be easily
mixed at higher densities with other incompatible uses. To preserve and maximize land at
these centers for manufacturing, industry and related uses, large retail uses or non -related
offices are discouraged. Provision of adequate public facilities and services, including
good access to the region's transportation system, is very important to the success of
manufacturing/industrial centers." (Vision 2040)
3. c. The following are other types of centers within Kitsap County:
i. Town or City Centers are usually the existing downtown core of a city or Urban
Growth Area. There is an abundant mix of shopping, service, employment, and cultural
opportunities. Multifamily housing may be intermixed and single family housing may
Proposed Revisions: Draft July 29. 2010 13 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
be within walking or bicycling distance. Infill should include mixed use and higher
densities surrounding the Town Center.
ii. Mixed Use Centers are a generic category that can be described in terms of
neighborhoods or districts within a city or Urban Growth Area. The designation
represents a commitment to planning for Center development, with a planned mix of
housing, commercial, service and employment opportunities. Most shopping and
commercial uses are within a short walking or bicycling distance of housing. There is a
higher proportion of multi -family housing at relatively high densities. Navy facilities
could be considered for this designation.
iii. Activity and Employment Centers are areas of concentrated employment and are a
magnet for significant numbers of people usually during daytime hours because of
business and/or manufacturing activities. They may be located outside of Urban
Growth Areas, consistent with the Growth Management Act. Industrial and business
parks and Navy employment centers are in this category. Within Urban Growth Areas,
the opportunity to include a proportional residential element should be determined on a
case -by -case basis, considering the unique geography and economics of the area.
iv. Transportation Hubs are locations of regional inter -modal connection that may be
located outside of Urban Growth Areas. Examples are ferry terminals, the Bremerton
National Airport, or certain transit stations.
3. Recognizing that communities evolve overtime, a iurisdiction may request of the Kitsap
Regional Coordinating Council an initial designation or a change in center status. This
request shall be considered and a decision made during the next Countywide Planning
Policies amendment cycle. A change in center status may require action by the Puget Sound
Regional Council.
4.
rater:a for designating 1. eal ,. Mars should be d,.....1,.ped and .. or. mated tl.rOugh the
Kitsap Regional Coordinating Cou In addition to meeting the applicable criteria above,
a request for center designation or a change in center status should address the following
s#euld 6e inoffl.- l: (See Appendix G)
Current or programmed transportation resources
(including roads, ferries, transit, airports, bicycle,
pedestrian)
Balance of living wage employment opportunities
with residential
Proximity and connectivity among jobs, housing,
retail services
Living wage is the minimum hourly
wage needed to cover the costs of
food, shelter, clothing, and other
basic necessities. The assumption is
that living wages vary across
communities, based on differences in
the cost of living. [Source: Economic
Policy Institute]
Types and density of residential uses
Inclusion of affordable housing
Provision of community gathering space, parks, and cultural opportunities
Proposed Revisions: Draft July 29. 2010 14 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
ki
Element D: Rural Land Uses and Development Patterns
Rural areas of Kitsap County are characterized as having a variety of parcel sizes, with a diversity
of land use activities. These areas also contain significant amounts of complex natural systems. It
is a high priority to preserve and enhance the rural character of these areas. Counties are
responsible for designating and regulating rural areas through the comprehensive planning process.
However, rural preservation is a regional issue and it is important to coordinate these planning
objectives with the Cities.
Policies for Rural Land Uses and Development Patterns (R):
1. Preserving rural character and enhancing the natural environment.
a. Preserve the character of identified rural areas by protecting and enhancing the natural
environment, open spaces, and recreational opportunities, and scenic and historic areas.
Snort suppefting small scale farming ,promote locally rgrown food, and forestry, and eco-
tourism. Support and permitting low -density residential living and cluster development
maintained b al le ei n f., c. ei4 Rural r. mite Aq ',eat that
provides for a mix of housing types, rural levels of service, cultural activities, and
employment that services the needs of rural areas at a size and scale that is compatible with
long-term character, and productivity and use of these lands.
b. This policy is not intended to preclude the future designation of Urban Growth Areas.
2. Preserving rural land use and development patterns:
a. Rural Communities are already -existing residential and commercial areas of more
intensive rural development designated in the Kitsap County Comprehensive Plan under
RCW 36.70A.070.5. In -fill is expected. Rural Communities should be serviced by
transportation providers and other services consistent with the Levels of Service adopted by
Kitsap County for roads and by Kitsap Transit for transit upon their designation as an area
of more intensive rural development.
b. Transportation Hubs may be located within existing areas of more intensive
development. Walking, bicycling, and transit are the major forms of travel. Transportation
Hubs are locations of regional intermodal connection. Examples are ferry terminals and
transit stations with convenience services.
c. The County shall develop criteria consistent with the Growth Management Act for
designating future industrial and commercial development outside of Urban Growth Areas
that protect rural character while encouraging vehicle trip reduction. The criteria should
allow for industrial resource -based land use and recreation and for convenience commercial
that is scaled to serve the daily needs of rural residents.
3. Establishing and maintaining rural levels of service:
a. Rural level -of -service standards shall address sewage disposal, water, transportation and
other appropriate services. The standards shall be developed based upon levels of service
typically delivered in rural areas consistent with RCW 36.70A.030 (16).
b. For purpose of trip reduction, develop a range of alternative modes of transportation
consistent with rural levels of service to connect Rural Communities with urban Centers.
Proposed Revisions: Draft July 29. 2010 15 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
c. When sewers need to be extended to solve isolated health, environmental, and sanitation
problems, they shall be designed for limited access so as not to increase the development
potential of the surrounding rural area.
4. Conserving small-scale natural resource use in rural areas:
a. Rural land use designations in the County's Comprehensive Plan should recognize ecological
functions and support rural uses such as farming, forestry, mining, recreation, and other rural
activities, and permit a variety of low -density residential uses which preserve rural character,
and can be sustained by rural service levels.
b. The County's Comprehensive Plan policies shall promote clustering residential development
and other techniques to protect and enhance significant open spaces, natural resources, and
critical areas for more e€fieienE effective use of the land. Clustering should not increase
residential housing units in the overall area designated as rural, consistent with designated
rural densities. Development clusters shall be designed, scaled and sited in a manner
consistent with rural character and the provision of rural levels of service.
c. The County's Comprehensive Plan policies shall support Rural Communities as locations of
employment, a mix of housing types, and cultural activities for rural areas that primarily
function as locations for service needs such as grocery stores, shopping, and community
services, and small-scale cottage industries for the surrounding rural area.
Proposed Revisions: Draft July 29. 2010 16 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element E. Countywide Strategies for Open Space Preservation, Resource Preservation,
a" Critical Areas, Air Quality, and Water Quality/Quantity
Open space is defined as land area consisting of natural systems, resource lands and critical areas
that include building limitations for future development. These critical areas include wetlands,
wildlife conservation areas, steep slopes, frequently flooded areas and areas with a critical
recharging affect. These open space lands also include aesthetic functions such as view sheds of
the water or ridgelines. Many of these natural systems are inter -connected and cross multi -
jurisdictional boundaries within the County. The strategy is to conserve these areas and connect
them to create a regional open space network to protect critical areas, conserve natural resources,
and preserve lands and resources of countywide and local significance. This will enhance the
quality of countywide water and soil resources, climate, and air.
Policies for Open Space Preservation, Resource Protection, and Critical Areas. Air, and
Water Ouality/Ouantity (PPCAA ft
1. Creating a regional network of open space:
a. The County and the Cities shall implement the Kitsap County Open Space Plan and the
Kitsap County Consolidated Greenway Plan which identify a countywide green space
strategy that incorporates planning efforts of the County, Cities, state agencies, non-profit
interest groups and land trusts in the County.
b. The County and the Cities shall preserve and enhance, through inter jurisdictional
planning, significant networks and linkages of open space, regional parks and
public/private recreation areas, wildlife habitats, critical areas resource lands, water bodies
and trails.
c. The County and the Cities shall frame and separate urban areas by creating and preserving
a permanent network of urban and rural open space, including parks, recreation areas,
critical areas and resource lands.
2. Conserving and enhancing the County's natural resources, critical areas and
environmental amenities while planning for and accommodating sustainable growth:
.�ersee�nrref rs n!w�rf.. .
b:a.The County and the Cities shall protect critical areas (wetlands, aquifer recharge areas, fish
and wildlife habitat conservation areas, frequently flooded areas, steep slopes, and
geologically hazardous areas) and should consider other environmental amenities such as
view corridors, canopy cover, and ridgelines.
e.b. The County and the Cities shall establish and implement Best Management Practices to
protect the long-term integrity of the natural environment, adjacent land use, and the
productivity of resource lands.
d.c.The County and the Cities shall establish procedures to preserve significant historic, visual
and cultural resources including views, landmarks, archaeological sites, and areas of special
locational character.
Proposed Revisions: Draft July 29. 2010 17 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
e._d. The County and the Cities shall encourage the use of environmentally sensitive
development practices to minimize the impacts of growth on the County's natural resource
systems.
e. The County and the Cities shall protect and enhance the public health and safety and the
environment for all regional residents, reeardless ofsocial or economic status, by reducinr
pollutants.
ef. The County and the Cities shall work together to identify, protect, and restore networks of
natural habitat areas and functions that cross jurisdictional boundaries.
g. The County and Cities shall protect and enhance ecosystems that support Washington
State's Priority Habitat and Species as identified by the Washington Department of Fish
and Wildlife.
3. Protection of air quality is accomplished by reducing the levels of toxins, me particles, and
greenhouse gases released into the environment, especially through transportation activities.
a. The County and Cities, in their respective comprehensive plans, should include specific
goals and policies to enhance air quality y reducing the release of toxins, one particles,
and greenhouse eases.
b. The County and Cities should adopt and implement purchasing policies/programs for
vehicles/equipment that use clean e icient fuels.
4. Protection of water quality and quantity is accomplished by reducing the amount of toxins
and pathogens in our water supply.
a. The County and Cities should adopt policies in their Comprehensive Plans that reflect that
surface and storm water and aquifer recharge areas should be treated as a resource.
b. The County and Cities should continue to be models for low impact development and
implementing such programs whenever practical.
c. The County and Cities should develop and implement a program as funding allows and
where feasible to retrofit infrastructure that was developed prior to the implementation of
best practices in surface and storm water management Programs
J. 5. Listed species recovery under the Endangered Species Act (ESA):
a. The County and the Cities shall preserve, protect, and where possible, restore the functions
of natural habitat to support ESA -listed species, through the adoption of comprehensive
plan policies, critical area ordinances, shoreline master programs and other development
regulations that seek to protect, maintain or restore aquatic ecosystems associated habitats
and aquifer through the use of management zones, development regulations, incentives for
voluntary efforts of private landowners and developers, land use classifications or
designations, habitat acquisition programs or habitat restoration projects.
Proposed Revisions: Draft July 29. 2010 18 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
b. The County and the Cities shall provide incentive -based non -regulatory protection efforts
such as acquisition of priority habitats through fee -simple and conservation easements from
willing sellers.
c. The County and the Cities shall jointly establish and implement monitoring and evaluation
program to determine the effectiveness of restoration, enhancement, and recovery strategies
for salmon including ESA -listed species. Each jurisdiction shall apply an adaptive
management strategy to determine how well the objectives of listed species recovery and
critical habitat preservation/restoration are being achieved.
4. 6. Coordination of watershed and land use planning:
a. The County and the Cities shall participate in a planning program that determines changes
in stream hydrology and water quality under different land use scenarios at full build -out of
designated land use classifications.
b. The County and the Cities shall coordinate land use planning using watersheds or natural
drainage basins to implement strategies for restoration of aquatic habitat and to reduce
impacts to other natural systems and participate in efforts to improve the health of our
waterways.
c. Kitsap County shall coordinate and maintain a regional database of best available science
for the purpose of modifying Critical Areas Ordinances, if funding is available.
d. Upon adoption of a state classification system, the Cities and the County shall establish a
single system for stream typing.
Proposed Revisions: Draft July 29. 2010 19 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
M
Element F. Contiguous, Compatible, and Orderly Development
Upon designation of Urban Growth Areas, the County and Cities will need to develop consistent
implementation measures to ensure that development occurs in an orderly and contiguous manner.
The intent of the following countywide planning policies is to minimize differences in urban
development regulations and standards between the County and the Cities and to facilitate the
economical provision of urban services to development.
Policies for Contiguous, Compatible, and Orderly Development (CCOD):
1. Encouragement of cooperative inter -jurisdictional planning by federal, tribal, state, local,
and special purpose government:
a. Inter jurisdictional discussion, information exchange, and coordination of proposals shall
be initiated as early and expeditiously as possible by the responsible agencies, to aid in the
smooth transition of eovernance.
b. Initial inventories and analyses of utilities and public services information are critical to the
planning process and shall be made available as early and expeditiously as possible by the
responsible agencies.
c. The Kitsap Regional Coordinating Council may establish or designate on -going technical
committee(s) comprised of representatives from utilities and service providers to
investigate long-range regional needs for various facilities and services, including but not
limited to those for transportation, sewer and storm drainage, availability and delivery of
potable water, solid waste, broadband, parks and recreation, and open space.
d. The Countywide Planning Policies will further the implementation of Vision 2420 2040
and Destination 2030 Transportation 2040 as adopted by the Puget Sound Regional
Council.
2. Inter -regional coordination of land use and transportation, environmental, and
infrastructure planning:
a. The County and the Cities shall participate in the Puget Sound Regional Council and the
Peninsula Regional Transportation Planning Organization.
b. Locally -generated data shall be provided to the Puget Sound Regional Council and the
Peninsula Regional Transportation Planning Organization for use in their coordination of
population forecasts, land use, and transportation.
c. The planning proposals of these regional organizations shall be monitored and adjustments
recommended to ensure that they accurately reflect local needs and plans.
d. Recoimize and work with corridors that cross iurisdictional boundaries (including natural
systems, and transportation and infrastructure systems) in community Planning
development, and design.
3. Fiscal equity:
a. It is recognized that fiscal disparities exist as a result of growth and changes in municipal
boundaries. The Kitsap Regional Coordinating Council shall monitor the Revenue Sharing
Inter -local Agreement among the County and Cities (shown as Appendix D) and seek
additional ways to address fiscal disparities as they relate to promoting coordinated
development and the implementation of the Growth Management Act.
Proposed Revisions: Draft July 29. 2010 20 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
4.
b. The County and the Cities shall work together to insure that all fees associated with
development approval are based upon the real cost of service and act to encourage
development within designated Urban Growth Areas.
c. The Kitsap Regional Coordinating Council shall facilitate on -going regional discussion on
revenue equity issues.
strategies should promote orderly development that
building and site design and transportation connectivity. In addition sustainable economic and
environmental development techntques should be utilized to enhance the quality of life:
a. Utilize desien strategies to ensure that changes in the built environment provide a
continuous and orderly development.
b. Encourage development that reflects unique local qualities and provides an economic
benefit to the community.
C. Design mixed use developments and local street patterns to improve the environment for
overall mobility and accessibility to and within the development through multi -modal
transportation options.
d. Design oftransportation networks should fit within the context of the built and natural
environment, enhancing the community, connectivity, and physical activitv in the area
community wide and specificall iy n designated growth centers and high transit areas.
e. Design schools, institutions and public facilities to be compatible with the surrounding
community character and needs.
f. Use sustainable building techniques (such as LEED. Low Impact Development, energK
efficient fixtures, etc.) in the design and development of the built environment.
g. Support urban design, historic preservation and arts to enhance quality of life.
i. Promote solar, wind, tidal, wave generation. and other renewable energy generation where
appropriate to serve the community.
Proposed Revisions: Draft July 29. 2010 21 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element G. Siting Public Capital Facilities ofa Countywide or Statewide Naturee
The Growth Management Act requires local governments to inventory existing capital facilities
owned by public entities, to identify locations and to determine capacities to meet future demand
for growth without decreasing levels of service. The Washington State Office of Financial
Management is responsible for identifying and maintaining a list of essential state public facilities
that are required or likely to be built within the next six years as required by the Growth
Management Act. Counties and cities are also required to coordinate the siting of countywide and
statewide capital facilities to mitigate potential adverse impacts from the location and development
of these facilities.
Policies for Sitina Public Capital Facilities (CF):
1. Identification of needed capital facilities:
a. The County and the Cities shall each inventory their existing capital facilities and identify
needed facility expansion and construction and provide that data to the Kitsap Regional
Coordinating Council.
b. The Kitsap Regional Coordinating Council shall develop and maintain a list of public
capital facilities needed to serve Kitsap County as a whole, based upon the County and
Cities' Comprehensive Plans, the Countywide Coordinated Water System Plan, and other
appropriate system plans. These include, but are not limited to, solid and hazardous waste
handling facilities and disposal sites, water and wastewater treatment facilities, regional
water supply intertie facilities, eegienel education institutions, airports, local correctional
facilities, in -patient facilities including hospitals and regional park and recreation facilities,
and government buildings that serve Kitsap County as a whole, including those essential
public facilities as defined in RCW 36.70A.200.
2. Location of capital and Public facilities:
a. If primary population served by the facility is urban, the facility should be located in a
City or UGA where feasible.
2-. 3. Establishing a process and review criteria for the siting of facilities that are of a
countywide or statewide nature:
a. When essential public facility as defined in RCW 36.70A.200 is proposed in Kitsap
County, the Kitsap Regional Coordinating Council shall appoint a Facility Analysis and
Site Evaluation Advisory Committee composed of citizen members selected by the member
jurisdictions to represent a broad range of interest groups to evaluate proposed public
facility siting. At a minimum this evaluation shall consider:
i. The impacts created by existing facilities;
ii. The potential for reshaping the economy, the environment and community character;
iii. The development of specific siting criteria for the proposed project, giving priority
consideration to siting within Designated Centers;
iv. The identification, analysis and ranking of potential project sites;
v. Measures to first minimize and second mitigate potential physical impacts including,
but not limited to, those relating to land use, transportation, utilities, noise, odor and
public safety;
Proposed Revisions: Draft July 29. 2010 22 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
vi. Measures to first minimize and second mitigate potential fiscal impacts.
b. Certain public capital facilities such as schools and libraries that generate substantial travel
demand should be located first in Designated Centers or, if not feasible to do so, along or
near major transportation corridors and public transportation routes.
c. Some public capital facilities, such as those for waste handling, may be more appropriately
located outside of Urban Growth Areas due to exceptional bulk or potentially dangerous or
objectionable characteristics. Public facilities located beyond Urban Growth Areas should
be self-contained or be served by urban governmental services in a manner that will not
promote sprawl. Utility and service considerations must be incorporated into site planning
and development.
d. Uses shall adhere to local health district or state agency rules regarding commercial and
industrial use of on -site sewage systems.
e. The multiple use of corridors for major utilities, trails and transportation rights -of -way is
encouraged.
f. County and City comprehensive plans and development regulations shall not preclude the
siting of essential public facilities.
g. Public facilities shall not be located in designated resource lands, critical areas, or other
areas where the siting of such facilities would be incompatible.
4. Air transportation facilities in Kitsap County:
a. The Counties and the Cities shall recognize the importance of airports as essential public
facilities and the preservation of access to the air transportation system.
b. The County and the Cities shall ensure the safety of the community and airport users
through compatible land use planning adjacent to airports and coordination of the airport
with ground access. Examples would include not encouraging or supporting higher
residential densities, schools, or hospitals near airports or airport approach corridors.
c. The County and the Cities shall plan for heliports throughout Kitsap County for emergency
use.
Proposed Revisions: Draft July 29. 2010 23 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element H. Transportation
The Growth Management Act requires that transportation planning be coordinated among local
and state jurisdictions. The Growth Management Act further requires that transportation planning
be coordinated with the land use elements of local comprehensive plans. Coordination of land use
and transportation plans will allow Kitsap County and the Kitsap Cities to meet three inter -related
transportation goals:
o Serve Designated Centers to reduce sprawl, conserve land and make more efficient use of
infrastructure,
o Preserve the natural environment, including water, and air quality and climate,
o Provide a balanced system for the efficient, cl safe movement of people, goods and
services among Designated Centers within Kitsap County and the larger Puget Sound
region. —
The intent of the following policies is to define appropriate methods and strategies to achieve these
goals through inter -regional and intra-regional coordination among transportation and land use
planning agencies.
For the purpose of this Policy, the following transportation facilities are of countywide
significance:
a. state and federal highways;
b. major arterials;
c. public transit facilities and services;
d. non -motorized facilities connecting designated centers;
e. marine transportation facilities (ferries, shipping);
f. airports and heliports (passenger and/or freight);
g. rail facilities (passenger and/or freight)
The following facilities and system components should be included in the multi -modal network:
a. roads, including major highways, arterials and collectors;
b public transit, including bus, rail, and park & ride lots;
c. non -motorized facilities;
d. vehicle and public or private passenger only ferries;
e. airports;
f. parking facilities that support the multi -modal network;
g. facilities related to transportation demand management;
h. intelligent transportation systems (ITS).
Policies for Transportation (T):
1. Strategies to optimize and manage the sae use of transportation facilities and services:
a. The County and the Cities shall each emphasize the maintenance and preservation of their
existing transportation network.
b. Through the regular update of the Transportation Element of their Comprehensive Plan,
the County and the Cities should each identify and prioritize operational and safety
deficiencies, with the goal ofsubstantially reducing deaths and disabling injuries.
c. The County and the Cities should utilize Transportation System Management strategies
such as parking restrictions, traffic signal coordination, transit queue jumps (traffic signal
Proposed Revisions: Draft July 29. 1010 24 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
modification equipment that allows busses to move ahead of other vehicles), ramp
metering, striping non -motorized transportation facilities, traffic calming devices, and real
time sensor adjustments for traffic signals.
d. The County and the Cities should develop and implement access management regulations
that provide standards for driveway spacing and delineation, and encourage the joint use of
access points where practical.
e. The County and the Cities shall actively seek opportunities to share facilities, expertise,
and transportation resources, such as multiple use park & ride/parking lots or shared traffic
signal maintenance responsibility.
2. Reducing the rate of growth in auto
traffic, including the number of vehicle
trips, the number of miles traveled, and
the length of vehicle trips taken, for both
commute and non -commute trips:
a. The County and the Cities shall provide
both infra -structure and policy
incentives to increase the use of non-
SOV modes of travel.
The range of infrastructure
incentives to encourage the use of
non-SOV modes of travel could
include the following:
The State of Washington has taken steps to
reduce greenhouse gas emissions and vehicle
miles traveled. Not only does reducing the
overall amount of travel produce benefits for
improving air quality and curbing emissions
related to climate change, it also lessens
traffic congestion. Developing a
transportation system that provides more
opportunities for walking, bicycling, or using
transit also creates more choices and options
for people.
• Provide public transit, including preferential treatments for transit, such as queue
by-pass lanes (dedicated bus lanes that allow for transit queue jumps), traffic signal
modifications, and safe, transit stops.
• Provide integrated transfer points to facilitate seamless trips between transit and
other modes of travel, particularly at ferry terminals, including park & ride lots,
bike storage facilities, carpool/vanpool and transit advantages to ease
ingress/egress, with proximity to actual connection points, and innovative transit -
oriented development.
• Provide non -recreational bicycle and pedestrian facilities, including safe
neighborhood walking and biking routes to school.
• During the development of all state, county, and city highway capacity
improvement projects, consider the market for non-SOV travel, and the addition of
High Occupancy Vehicle (HOV) lanes, park & ride lots, appropriate infrastructure
for both bicycling and walking.
ii. The range of policy incentives to encourage the use of non-SOV modes of travel could
include the following:
• Increased emphasis on the Commute Trip Reduction Program already in place
(including ridesharing incentives), with Kitsap Transit designated as the lead
agency, including program promotion and monitoring.
Proposed Revisions: Draft July 29. 2010 25 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
0
• Managed parking demand at ferry terminals, employment, and retail centers to
discourage SOV use through privileged parking for HOV users, fee structure and
parking space allocations.
• Encouraging telecommuting and home -based businesses as a viable work
alternative.
• Encouraging the shift of work and non -work trips to off-peak travel hours.
• Congestion pricing.
• Auto -restricted zones.
• Promotion of driver awareness through educational efforts.
d. The County and the Cities shall develop standards that address appropriate bicycle and
pedestrian facilities for development of new streets and reconstruction of existing streets in
Designated Centers and Rural Communities.
e. In Designated Centers, the jurisdictions should complete missing vehicular and non -
motorized links between key arterials to accommodate pedestrian and bicycle facilities,
without compromising safety standards.
f. The County and the Cities shall should develop eeerdinated bicycle and pedestrian systems
plans, which should be coordinated eensistent across jurisdictional boundaries with
particular consideration to providing safe routes for children to walk and to bike to school.
g. Kitsap Transit shall review and comment on in eases of ....bsta„tial .eside„tial o
eemmersial, development proposals where appropriate Kkgas TFFiHsit shall Feview an'
to facilitate convenient use and operation of
appropriate transit services.
3. Environmental impacts of transportation policies:
a. Transportation improvements shall be located and constructed so as to discourage/minimize
adverse impacts on water quality and other environmental features.
b. The County, the Cities, and Kitsap Transit shall consider programming capital
improvements and transportation facilities that alleviate and mitigate impacts „`� land use on
air quality, greenhouse gas emissions and energy consumption, such as: high -occupancy
vehicle lanes; public transit; vanpool/ carpool facilities; electric and other low emission
vehicles including buses; bicycle and pedestrian facilities that are designed for functional
transportation.
c. The County and the Cities shall ensure environmental protection, water quality, and
conformance with ESA requirements through best management practices throughout the
life of the transportation facilities, including:
i. Facility design, and in particular low impact development strategies for the collection
and treatment of storm water and surface run-off.
ii. Avoiding construction during the rainy season.
iii. Regular and routine maintenance of systems.
Proposed Revisions: Draft July 29. 2010 26 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
d. The County, the Cities, and Kitsap Transit should support Puget Sound Clean Air Agency
public education about anti -pollution measures.
4. Recognizing that the County and the Cities each encompass a range of development and
density patterns, each jurisdiction shall designate its Centers consistent with the criteria
set forth in Element C of the Countywide Planning Policies. The following policies relate
to planning guidelines to support transit and pedestrian travel appropriate to each type
of urban and rural development or re -development:
a. The County and the Cities shall each prepare development strategies for their Designated
Centers that encourage focused mixed use development and mixed type housing to achieve
densities and development patterns that support multi -modal transportation.
b. In Urban Growth Areas, comprehensive plans should promote pedestrian- and transit -
oriented development that includes access to alternative transportation and, in the interest
of safety and convenience, includes features, such as lighting, pedestrian buffers,
sidewalks, and access enhancements for physically challenged individuals.
c. Rural Communities shall accommodate appropriate
pedestrian/bicycle connections and transit service and facilities consistent with rural levels
of service in order to minimize vehicle trips.
5. Transportation linkages between designated local and regional Centers:
a. Regional corridors shall be designated for automobile, freight, transit, HOV facilities, rail,
marine, bicycle, and pedestrian travel between centers as part of the countywide
transportation plan.
b. The transportation system linking Designated Centers within the county shall be transit -
oriented and pedestrian and bicycle friendly.
6. Freight transportation:
a. Preferred routes for the movement of freight shall be identified as part of the countywide
transportation plan.
b. The County and the Cities shall work to ensure that compatible land uses are applied along
designated freight corridors; including, but not limited to, corridors for air, rail, road and
marine traffic.
c. The County and the Cities shall use appropriate roadway standards for designated freight
corridors.
7. Transportation relationships with the Puget Sound Regional Council and the Peninsula
Regional Transportation Planning Organization:
a. The Countywide Planning Policies shall should support further the implementation of
Ttenspe^W;eft-2430 adopted regional plans and policies. -as
Regional Geuneih.
b. The County and the Cities shall actively participate in the Puget Sound Regional Council
and the Peninsula Regional Transportation Planning Organization (RTPO) to assure that
transportation planning in the two regions is consistent and accurately reflects local needs
related to identified regional system components.
Proposed Revisions: Draft July 29. 2010 27 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
c. The Kitsap Regional Coordinating Council shall serve as the point of coordination to assure
Puget Sound Regional Council and Peninsula RTPO planning programs are consistent and
mutually beneficial to jurisdictions within Kitsap County.
d. The Transportation Improvement Program (TIP) for Kitsap County shall continue to be a part
of the regional TIP adopted by the Puget Sound Regional Council. Local review, comment
and recommendations shall be coordinated through the Kitsap Regional Coordinating Council.
8. Identification of needed transportation related facilities and services within Kitsap
County:
a. The Puget Sound Regional Council and the Peninsula RTPO shall identify regional system
components and related improvements within Kitsap County with the concurrence of the
Kitsap Regional Coordinating Council.
b. A countywide transportation plan developed by the Kitsap, Regional Coordinating Council
shall be prepared pursuant to the Growth Management Act to identify countywide
transportation facility and service needs. A technical committee including transit and local,
regional, and state transportation providers shall be used in this process.
9. Coordination of intra-county transportation planning efforts:
a. The Puget Sound Regional Council reviews Cities' and the County's Comprehensive plans
for consistency of land use and transportation elements.
b. The County and the Cities shall address compatibility between land use and transportation
facilities by:
i. Not using new road improvements to justify land use intensification.
ii. Managing access on new transportation facilities outside Urban Growth Areas.
iii. Allowing phased development of improvements including acquiring right of way.
iv. Using comprehensive plans and development regulations to ensure that development
does not create demands exceeding the capacity of the transportation system, such as:
density limits in areas outside of Urban Growth Areas; concurrency management and
adequate public facility regulation; integrated multi -modal and non -motorized
networks.
c. The County and the Cities shall work together in a coordinated, iterative process to
periodically reassess whether regional land use and transportation goals can realistically be
met. If transportation adequacy and concurrency cannot be met, the following actions
should be considered:
i. Adjust land use and/or level of service (LOS) standards.
ii. Make full use of all feasible local option transportation revenues authorized but not yet
implemented.
iii. Work with Washington State Department of Transportation (including Washington
State Ferries), Kitsap Transit, and the private sector to seek additional State
transportation revenues, state and federal grants for infrastructure improvements, and
Proposed Revisions: Draft July 29. 2010 28 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
local options to make system improvements necessary to accommodate projected
population growth.
d. Adjacent jurisdictions in Kitsap County shall develop consistent street classification system
and street standards.
e. Kitsap Regional Coordinating Council may establish a process for evaluating development
impacts including those that may affect neighboring jurisdictions within the county.
f. The Kitsap Regional Coordinating Council shall function to ensure that transportation
planning, system management and improvements at local, regional, and state levels are
coordinated, complementary, and consistent with adopted comprehensive land use plans.
10. Coordinated and consistent level of service (LOS) standards:
a. The County and the Cities should develop comparable level of service standards among the
County, Cities and the State of Washington for identified regional system components.
b. The County and the Cities shall adopt roadway LOS standards. Urban growth management
agreements shall designate level of service standards.
c. The County and the Cities shall adopt transit LOS in the form of "Service Standards"
adopted by the Kitsap Transit Board of Commissioners. The standards shall consider both
frequency of service and bus capacity.
d. Consistent with State law, the County and Cities shall recognize the Level of Service
Standards for Highways of Statewide Significance, including principal arterial ferry routes,
that have been adopted by the Washington State Transportation Commission, in their
respective Comprehensive Plans.
e. For State highways and facilities of regional significance, including the Southworth ferry
route, the County and the Cities shall include the Level of Service Standards adopted for
these routes by the Puget Sound Regional Council and the Peninsula RTPO in their
respective Comprehensive Plans.
f. On highways and streets which are subject to concurrency requirements, the County and
the Cities shall each identify capacity deficiencies and either address them in terms of
identified funding, adjust the LOS standard on a temporary basis, or place a temporary
moratorium on development.
g. On highways and streets which are subject to concurrency requirements, new development
should not cause LOS to degrade to a level lower than the adopted standard, consistent with
State law.
Proposed Revisions: Draft July 29. 2010 29 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element I. Affordable Housing
The Growth Management Act requires cities and counties to encourage the availability of housing
that is affordable for all income levels at a variety of housing densities. Local jurisdictions are also
encouraged to preserve existing housing resources in their communities, and to provide an
adequate supply of housing with good access to employment centers to support iob creation and
economic.erowth.
The following definitions relate to the Countywide Planning Policies:
Below Alarket Rate Housing shall mean housing intended for a full range oflaw -to middle
ineeme households -incomes. These income levels are €u4Hev defined as follows (WAC
365.195):
■ Extremely low-income shall mean those households that have incomes that are at or
below 30% of the countywide median.
■ Very low-income shall mean those households that have incomes that are within the
range of 31 - 50% of the countywide median.
■ Low-income shall mean those households that have incomes that are within the range
of 51 - 80% of the countywide median.
■ Moderate -income shall mean those households that have incomes that are within the
range 81-95% of the countywide median.
■ Middle -income shall mean those households that have incomes that are within the
range of 96-120% of the countywide median.
• Unaer-income shall mean those households that have incomes above 120% of the
countywide median.
Policies for Affordable Housin¢(AH):
1. Coordinated process among County, Cities, and housing agencies for determining and
fulfilling housing needs, and the equitable distribution of below --tea-lief rate affordable
housing at all income levels in Kitsap County:
a. The County and the Cities should inventory the existing housing stock consistent with the
Growth Management Act synchronized with
County and Cities' respective Comprehensive Plan Updates, and correlate with current
population and economic conditions, past trends, and ten year population and employment
forecasts, to determine short and long range housing needs, including rental and home
ownership. Navy personnel housing policy should also be considered.
Proposed Revisions: Draft July 29. 2010 30 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
b. Local housing inventories, projections, and equitable distribution strategies should be
compiled, updated, and monitored under the coordination of the Kitsap Regional
Coordinating Council to identify countywide conditions and projected needs.
c. Sufficient land supply for housing including various housing tunes shall be identified and
monitored through regular updates to the countywide Buildable Lands Analysis [see
Element B-ILand Utilization and Monitoring Pro rgramsl.
d. The County and the Cities should each identify specific policies and implementation
strategies in their Comprehensive Plans and should enact implementing regulations to
provide a mix of housing types and costs to achieve identified goals for
fiffi-d- h-e-lov., market Fate housing at all income levels including good access to employment
centers.
2. Recognizing that the market place makes adequate provision for those in the upper
economic brackets, each jurisdiction should consider some combination of appropriately
zoned land, regulatory incentives, financial subsidies, and innovative planning techniques
to make adequate provisions for the needs of middle and lower income persons. (WAC
365.195-070.6)
3. Recognizing the percentage share of the existing and forecasted countywide population and
housing stock and the distribution of existing housing below 120%
countywide median. the County and the Cities should develop coordinated strategies to
equitably -disperse projected eatmb, vide below market fate affordable housing needs
throughout geographical Kitsap County in the Urban G_, . xth Areas and where they are
specifically found to be appropriate in consideration of existing development patterns and
densities.
4. Provision of belaw market rate affordable housing for households below 120% countywide
income should include:
a. Local comprehensive plan policies and development regulations shall encourage and not
exclude belaw market rate a ordable housing at any income level.
b. Rehousing strategies should include:
i. preservation, rehabilitation and redevelopment of existing neighborhoods as
appropriate, including programs to rehabilitate and/or energ ry etro-fit substandard
housing;
ii. provision for a range of housing types such as multi -family, single family, accessory
dwelling units, cooperative housing, and manufactured housing on individual lots and
in manufactured housing parks;
iii. housing design and siting compatible with surrounding neighborhoods;
iv. mechanisms to help people purchase their own housing, such as low interest loan
programs, "self-help" housing, and consumer education.
c. Each jurisdiction shall promote the development ofbelow madEet rate affordable housing
in a dispersed pattern so as not to concentrate or geographically isolate low-income housing
in a specific area or community.
Proposed Revisions: Draft July 29. 2010 31 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
d. Below market FateA ordable housing should be located throughout Kitsap County in a
manner to provide easy access to transportation, employment, and other services.
Designated Centers should include hekiw FAAdEet fate affordable housing o to ions. Rural
self- help housing programs should be encouraged either in or outside of designated Rural
Communities.
e. Housing policies and programs shall address the provision of diverse housing opportunities
to accommodate the homeless, the elderly, physically or mentally challenged, and other
segments of the population that have special needs.
f. Innovative regulatory strategies shall be developed and implemented to provide incentives
for the development of affordable housing within Designated Centers.
Jurisdictions shall develop strategies which provide a wide range of opportunities for
promoting the production of below market rate a ordable housing through means such as:
reducing housing cost by subsidizing utility hook-up fees and rates, impact fees, and permit
processing fees; density incentives; smaller lot sizes; zero lot line designs; inclusionary
zoning techniques, such as requiring below market rate affordable housing for specified
income levels in new residential developments; transfers of development rights and/or a
priority permit review and approval process and/or other provisions as appro rp iate.
g. Policies and regulations shall encourage the production off affordable
housing for all income levels below 120% countywide median. The County and the Cities
shall incorporate a regular review of public health, and safety, and development regulations
pertaining to housing implementation strategies to assure that:
i. protection of the public health and safety remains the primary purpose for housing
standards
ii. relations are streamlined and flexible to minimize additional costs to housing.
h. The County and the Cities shall participate with housing authorities established to facilitate
the production of helow FAaFliet Fate affordable, lower income housing. The County and the
Cities shall also recognize and support other public and private not -for -profit housing
agencies. Supporting housing agencies is encouraged through public land donations,
guarantees, suitable design standards, tax incentives, fee waivers, providing access to
funding sources and support for funding applications, or other provisions as appropriate.
Proposed Revisions: Draft July 29. 2010 32 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
LI
Element J. Countywide Economic Development
Growth Management Act requires that general economic development policies be identified in the
Countywide Planning Policies. Consistent with the goals of the Act, economic development
planning must be coordinated with local comprehensive plans. The intent of the following policies
is to encourage coordinated economic growth among all jurisdictions in Kitsap County and to add
predictability and certainty to the private investment decision.
Policies for Countvwide Economic Development (ED):
1. A general strategy for enhancing economic development and employment:
a. The County and the Cities recognize that a healthy economy that provides living -ware
employment, raises family income levels and provides opportunities for diverse segments of
the community is important to the health of residents and quality of life in the county.
Economic development should be balanced with environmental concerns and protect the
quality of life.
b. The County and the Cities recognize that the economy in Kitsap County is very dependent
on the U.S. Navy and diversification is necessary. The County and the Cities shall
collaborate with ports, tribes, and other special districts to encourage economic growth and
diversification that is consistent with comprehensive plans and policies for land use,
transportation, public transit, regional water supply, capital facilities, urban governmental
services and environmental quality.
c. Local governments are encouraged to utilize the Kitsap Economic Development Geuneil
Alliance and its adopted plans,for countywide sustainable economic prosperity as a
resource to provide advice on economic development needs, the potential for retaining and
expanding existing industries, including the U.S. Dept. of Defense, and attracting new
industries, especially those that would improve wage and salary levels, increase the variety
of job opportunities, and utilize the resident labor force.
d. The County and the Cities should cooperate / participate with the Puget Sound Regional
Council's economic initiatives, including focus on identified industry clusters and clean
Indus
de.The County and the Cities recognize that widespread access to broadband capability will
enhance economic development in Kitsap County. Local governments are encouraged to
collaborate with the Kitsap Economic Development C-4movei Alliance (KEDA) to promote
the expansion of telecommunications in Kitsap County and to coordinate
telecommunications policy with regional and federal agencies, including public utility
districts, Bonneville Power Administration, regional transportation planning organizations,
and neighboring counties.
e- f.Investments in our people, in particular efforts of educational institutions to improve and
expand vocational and post -secondary education programs, should be supported to assure a
highly skilled, technically trained resident work force.
Proposed Revisions: Draft July 29. 2010 33 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
2. The role of government agencies in assuring coordinated, consistent efforts to promote
economic vitality and equity throughout Kitsap County:
a. The County and the Cities shall promote Urban Growth Areas and existing industrial sites
as centers for employment.
b. The County and the Cities shall encourage the full utilization/development of designated
industrial and commercial areas. The County and the Cities shall promote revitalization
within existing developed industrial and commercial areas to take advantage of the
significant investments in existing buildings and infrastructure.
c. The County and the Cities shall cooperate with tribes, ports, other special districts, and all
economic development interests to identify the capital facility needs of designated
industrial and commercial sites and investments to support economic development.
d. The County and the Cities shall collaborate with tribes, ports, and other special districts to
identify innovative development methods such as public and private partnerships and
community development assistance financing to increase economic vitality.
e. The County and the Cities shall collaborate with the KBE KEDA and the Ports to
establish a common method to monitor the supply of designated commercial and
industrial sites and to ensure adequate land supply for the expansion of existing
enterprises and the establishment of new economic enterprises. The monitoring
method shall indicate environmental constraints, infrastructure availability and
capacity, and shall use the Kitsap County Geographic Information System and Land
Capacity Analysis as a regional database for this information.
f. The County and the Cities shall establish common infrastructure policy and standards,
including telecommunications infrastructure.
g. The County and the Cities shall collaborate with the KEDA to identify opportunities that
favor local suppliers for Qoods and services.
3. The Kitsap Regional Coordinating Council shall coordinate the development of land
supply monitoring methods, common infrastructure policy and standards, and other
strategies among the County, the Cities, Tribes, Ports, and other special districts to
encourage economic development in Kitsap County:
a. The County and the Cities shall each establish and monitor a development review process
that is timely, predictable, efficient, fair, and consistent.
b. Where more than one jurisdiction is involved in planning and permitting a business
development, the jurisdictions shall work collaboratively to provide consistent development
regulations and permitting.
c. The County and the Cities shall encourage small business enterprises and cottage
industries, and allow appropriate and traditional home occupations as permitted by local
regulations.
Proposed Revisions: Draft July 29. 2010 34 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element K. An Analysis of the Fiscal Impact
In order to preserve and maintain the community's quality of life and level of government services,
jurisdictions are expected to fully evaluate their financial capacity to provide the full range of
urban services (as described in Element B — 3[j]) within designated Urban Growth Areas.
Policies for Analysis of Fiscal Impact (FI):
1. The Countywide Planning Policies recognize three opportunities for jurisdictions to consider
and plan for urban -level infrastructure and services:
a. During each jurisdiction's comprehensive plan amendments, through the Capital Facilities
Plan, including sub -area plans, Urban Growth Area boundary changes, incorporations,
partial dis-incorporations, proposed new fully contained communities and master planned
resorts.
b. At the point where a jurisdiction is comparing and analyzing geographic areas for possible
expansion of its Urban Growth Area (as described in Element B — 3[j]).
c. As part of the development of the Urban Growth Area Management Agreement (see
Element B-4 [d] and Appendix C).
These analyses and plans should identify infrastructure and service costs as well as the
anticipated revenues to support them.
2. Special districts should be included in planning for the provision of urban level services in
Urban Growth Areas and should include future population growth in their plans.
3. The Kitsap Regional Coordinating Council shall facilitate on -going regional discussion of
infrastructure and service delivery strategies (see Element F-1 [c]) and revenue equity
issues (see Element F-3 [c]).
Proposed Revisions: Draft July 29. 2010 35 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element L. Coordination with Tribal Governments
The Suquamish Tribe, the Port Gamble S'Klallam Tribe, and other federally recognized Indian
tribes have reservations and/or trust resources within Kitsap County, Washington. These tribes are
parties to treaties with the United States Government through which certain rights and privileges
both on and off reservation were articulated and remain in effect. These tribes have authorities,
responsibilities, interests and treaty rights within their respective reservation boundaries and Usual
and Accustomed Areas. Since future growth and land use decisions in Kitsap County affect all
governmental entities, governmental agencies must be well informed and continuously involved in
regional and local planning.
Policies for Coordination with Tribal Governments (CT):
1. Meaningful and substantial opportunities for early and continuous tribal government
participation shall be incorporated into regional and local planning activities.
2. Local jurisdictions should work with the tribes to develop agreements that provide for
discussion on comprehensive planning issues among governments and ensure that the tribes are
consulted on issues within their interest. The parties will jointly determine the appropriate
contents of the agreements and a schedule for completing them.
3. Tribal governments, federal agencies, and county and local governments are encouraged to
coordinate plans among and between governments and agencies to address substantive areas of
mutual interest especially where geographical areas overlay and promote complementary and
cooperative efforts.
4. City and County governments are encouraged to include Tribal governments in joint
comprehensive planning and development activities for areas within the Tribes' Usual and
Accustomed areas. Activities include but are not limited to the establishment and revision of
urban growth boundaries, distribution of forecasted population; regional transportation, capital
facility, housing and utility plans; and policies that may affect natural and/or cultural resources.
5. All County, City, and Tribal government agencies shall be included in the normal public notice
and comment procedures of other agencies and kept informed of matters of interest to them.
6. The County, the Cities, and Tribal governmental agencies are encouraged to keep one another
informed about matters of local and regional interest by mutually agreeable means and
schedule.
Proposed Revisions: Draft July 29. 2010 36 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element M. Coordination with Federal Government including Navy
The federal government has unique authorities, responsibilities, interests affecting land use
and other activities. Since the impacts of future growth and development in Kitsap County
affect all governmental entities, governmental agencies must be well informed and
continuously involved in regional and local planning.
Policies for Coordination with Federal Government (CF):
1. Meaningful and substantial opportunities for early and continuous federal government
participation shall be incorporated into regional and local planning activities.
2. It is recognized that constitutional and statutory provisions may constrain federal
government agencies from entering into local agreements and processes. However, when
possible, the County, the Cities, and federal governments should establish
intergovernmental cooperative agreements promoting coordination and involvement in
activities that are of mutual interest.
3. Federal agencies and county and local governments are encouraged to coordinate plans
among and between governments and agencies to make plans as consistent and
compatible as possible for properties over which they have authority or activities they
authorize and the adjacent areas affected.
4. Federal government agencies are encouraged to participate in City, County, and joint
comprehensive planning and development activities that may affect them, including the
establishment and revision of urban growth areas encompassing, adjacent to or within
federally -owned lands; distribution of forecasted population; regional transportation,
capital facility, housing and utility plans; and policies that may affect natural and/or
cultural resources of interest.
5. The following policies relate to promoting coordination among the Cities, County, and the
federal government including the Navy:
a. All jurisdictions should promote planning that considers the impact of new growth to
avoid the potential for encroachment on military readiness activities as described
below when developing zoning ordinances or designating land uses affecting military
facilities. Each jurisdiction and the Navy should coordinate to identify the types of
development and areas of interest to the Navy, method of notice, and opportunities for
comment.
b. "Military readiness activities" mean all of the following:
i. Training, support, and operations that prepare the men and women of the
military and Naval ships and submarines for combat.
ii. Operation, maintenance, and security of any military installation.
iii. Testing of military equipment, vehicles, weapons, and sensors for proper
operation or suitability for combat use.
c. "Impacts" include but are not limited to:
i. Aircraft, boat, and rail traffic.
ii. Incompatible adjacent land uses.
Proposed Revisions: Draft July 29. 2010 37
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
d. Through the Kitsap Regional Coordinating Council, jurisdictions should monitor
issues that arise in implementing these policies, and should identify areas for
improved coordination.
6. All County, City, and federal governmental agencies shall be included in the normal
public notice and comment procedures of other agencies and kept informed of matters of
interest to them.
The County, the Cities, and federal governmental agencies are encouraged to keep one
another informed of matters of local and regional interest by mutually agreeable means
and schedule.
Proposed Revisions: Draft July 29. 2010 38 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Element N. Roles and Responsibilities
The County, Cities, Tribal governments, and special districts are all involved in planning activities
related to their statutory authority and responsibility. In addition to the responsibilities defined in
previous countywide planning policies, this section further clarifies the planning roles and
responsibilities of the Kitsap Regional Coordinating Council and member agencies.
Policies for Roles and Responsibilities (RR):
1. The KITSAP REGIONAL COORDINATING COUNCIL was established by interlocal
agreement (see Appendix E) to assure coordination, consensus, consistency, and
compliance in the implementation of the Growth Management Act and comprehensive
planning by County, city and tribal governments within Kitsap County. The Kitsap
Regional Coordinating Council also provides a voice for all jurisdictions and opportunity
for citizens and stakeholders to provide input to planning policies to be applied
countywide. The interlocal agreement adopted by the County, the Cities and the Tribal
governments declared that the Kitsap Regional Coordinating Council is necessary to
maintain a regular intergovernmental communication network for all local and tribal
governments within the county, facilitate compliance with the coordination and
consistency requirements of the Growth Management Act, provide an effective vehicle to
resolve conflict among and/or between jurisdictions with respect to urban growth
boundaries or comprehensive plan consistency, and to build consensus on planning
solutions for countywide growth management issues. The Kitsap Regional Coordinating
Council shall:
a. Submit agreed -upon recommendations on behalf of member jurisdictions to multi -county
regional agencies and State government on proposed changes to multi -county regional
plans, State plans, and laws.
b. Provide a forum, as necessary, for achieving coordination in the development of local plans
and resolving planning and plan implementation issues that are common among
jurisdictions.
c. Promote coordination and consistency among local plans and between local plans and the
Countywide Planning Policies and the Growth Management Act to the extent necessary to
achieve regional policies and objectives. Through the Kitsap Regional Coordinating
Council forum, jurisdictions should establish a process to monitor and review individual
comprehensive plans and associated implementation mechanisms to determine consistency
with the Countywide Planning Policies.
d. Serve as a forum for resolving disputes locally. The process shall not preclude appeals to
the Central Puget Sound Growth Planning Hearings Board if the local process has been
exhausted without resolution of the dispute.
e. Promote coordination of educational programs and the dissemination of planning -related
information of regional interest.
f. Coordinate the review, revision and monitoring of the Countywide Planning Policies.
g. Apply for grants and administer contracts relative to regional tasks and plans.
Proposed Revisions: Draft July 29. 2010 39 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
h. Conduct the region -wide growth management planning consistent with these policies.
i. Initiate and coordinate the development of other regional planning policies and
implementation mechanisms that may improve the effectiveness of the comprehensive
planning process.
j. Define and implement procedures that assure opportunities for early and continuous public
involvement in policy discussions facilitated by the Kitsap Regional Coordinating Council.
2. KITSAP COUNTY is the regional government within the county boundaries providing
various services within unincorporated and incorporated areas as required and specified
by law and by legal agreements. Kitsap County shall:
a. Be responsible for the development, adoption and implementation of comprehensive plans
and development regulations and the processing of land use permits for the unincorporated
portions of the county.
b. Be responsible for coordinating water quality planning in multi jurisdictional watersheds
and for other environmental planning activities as agreed to by all affected and interested
jurisdictions.
c. Be responsible for coordinating the response on the listing for the federal Endangered
Species Act in multi jurisdictional watersheds as agreed by all affected and interested
jurisdictions.
d. Be responsible for being a regional sewer provider to the unincorporated areas of Kitsap
County as needed to improve water quality consistent with levels of service outlined in the
County Comprehensive Plan.
e. Maintain a geographic information system to serve as a regional planning data base.
f. Execute Urban Growth Area Management Agreements with each city to address joint
issues identified in the Countywide Planning Policies and other matters agreed to be of
mutual interest.
g. Define and implement procedures that assure opportunities for early and continuous public
involvement throughout short and long range planning projects.
3. CITIES within Kitsap County provide a variety of services primarily to residents within
their respective municipal boundaries. Cities shall:
a. Provide urban governmental services as identified in the Growth Management Act (Chapter
36.70A RCW) and adopted urban growth management agreements.
b. Be responsible for the development, adoption and implementation of comprehensive plans
and development regulations and the processing of land use permits within the incorporated
portion of the respective city.
c. Participate with other agencies in multi jurisdictional planning activities including but not
limited to environmental planning, e.g. water quality planning and coordinating the
response on the listing for the Federal Endangered Species Act in multi -jurisdictional
watersheds transportation planning, and growth management strategies.
Proposed Revisions: Draft July 29. 2010 40 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
d. Execute a separate Urban Growth Area Management Agreement with Kitsap County to
address joint issues identified in the Countywide Planning Policies and other matters agreed
to be of mutual interest.
e. Define and implement procedures that assure opportunities for early and continuous public
involvement throughout short and long range planning projects.
4. SPECIAL DISTRICTS are governmental subdivisions of the county that are usually
established to provide a defined scope of services. Special districts shall:
a. Be responsible for service provision, capital facility planning and other activities as
authorized by law and legal agreements.
b. Coordinate capital planning and implementation strategies with local governments to assure
consistency with comprehensive plan policies, the Countywide Planning Policies, and the
WA State Growth Management Act,
c. Participate in service provision identification required in each urban growth management
agreement;
d. Coordinate with other agencies as appropriate in multi jurisdictional planning activities;
e. Provide technical assistance as appropriate to assist local governments in comprehensive
plan development, adoption and implementation;
f. Be Encouraged to enter irate cooperative agreements and consolidate when possible to
formalize participation in local and regional processes;
g. Define and implement procedures that assure opportunities for early and continuous public
involvement throughout short and long range planning projects.
h. Site and size facilities consistent with local plans.
S. The County and Cities shall coordinate with the County Department of Emergency
Management to ensure system integrity and coordinated response in the event of disasters
and other emergencies.
Proposed Revisions: Draft July 29. 2010 41 Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
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Appendix 13: Population Distribution 2001 2025 2010-2030
Population Distribution
2005 through 2025
2000
Population
+ New
Population
= Total
Total
0
in 20252030
Bremerton Ci
37,259
14,759
52,017
East UGA'
5,412
2,210
7,622
West UGA'
3,229
2,017
5,246
Gorst UGA'
154
73
227
SKIA 1
68
- 68
0
Bainbridge Island City 3
20,308
8,352
28,660
Poulsbo City2
6,813
3,739
10,552
UGA 2
901
3 355
4,256
Port Orchard City 2 5
8,934
11,624
20,558
UGA
11,570
9,709
21,279
Central Kitsap UGA 1
21,743 8,733 30,476
Silverdale UGA
15,276
8,069
23,335
Kingston UGA 3
1,871
3,135
5,006
UGA Population
133,537
58%
75,697
76%
209,234
63%
Non-UGA Population
98,432
42%
23,905
24%
122,337
37%
Total County Population
231,969
99,602
331,571
OFM Projection
through:
2025
2030
Low
268,573
245,397
Intermediate
331571
314,610
High
412,391
396,879
' Based on PSRC Model
2 Based on City and/or County
Comprehensive or Sub -area
planning
3 Target to be substantiated by
further analysis and/or Sub -area
planning
° Office of Financial Management
official estimate
5 Includes South Kitsap annexed
McCormick Woods area
Kitsap County
Historical Growth
Notes:
US Census
When 2010
Census data is
available in
2011, this chart
will be updated;
then, determine
if there are any
impacts to this
distribution.
84,176
101,732
P21
147,152
189,731
231,969
247,600
2010
n/a
Population distribution will be reviewed through the Kitsap Regional Coordinating
Council process every five years. The review will include an analysis of the Cities' and
County's progress in achieving target distributions. If the 76% UGA target mentioned
above for new population growth and the overall population targets are met or exceeded,
the target for new population will revert to five sixths (83%), as per the revised County-
wide Planning Policies adopted by Kitsap County Ordinance #258-01 on August 20,
2001. Otherwise, the target may be reaffirmed or explicitly modified.
Revisions:
Kitsap County Ordinance 403-2007
November 19, 2007
n
Appendix C: Urban Growth Area Management Agreements
The intent of the Urban Growth Area Management Agreement is to facilitate and encourage
annexation and/or incorporation of urban areas over the 20 year planning period and to ensure
compatibility of development within the unincorporated Urban Growth Area. Each Urban Growth
Area Management Agreement shall:
1. Describe the goals and procedures of the joint planning process including roles and responsibilities for
the unincorporated Urban Growth Area, with the goal of having compatible City and County plans,
zoning, and development regulations. The following provisions should apply to the entire Urban Growth
Area associated with the City unless mutually agreed otherwise by the City and County:
a. The City's zoning code, densities, and development, sub -division, environmental, and construction
standards.
b. The City's Levels of Service.
c. The Comprehensive Plan of the City should reflect land use planning for the entire Urban Growth
Area.
2. Identify responsibility and mechanisms for comprehensive plan amendments, zoning changes and
development applications within unincorporated Urban Growth Areas. Significant weight should be
given to City preferences.
3. Identify services to be provided in the Urban Growth Area, the responsible service purveyors, and the
terms under which the services shall be provided, including:
Fire Storm Water Solid Waste
Police Potable Water Park & Recreation Facilities
Transportation Sewer Schools
Utilities: Power and Telecommunications, including broadband where available
EMS
All service providers, including special districts, and adjacent jurisdictions should be included in Urban
Growth Area planning.
4. Reference the adopted Revenue Sharing Inter -local Agreement, as appropriate (see Appendix D).
5. Develop pre -annexation plans, which shall include:
a. Conditioning City service extensions upon actual annexation for properties contiguous to the City
boundary or to agreements of no protest to future annexation for properties not contiguous.
b. Offering pre -annexation agreements to property owners interested in annexation and needing
assurances from the City about services, planning, or other issues.
c. Plans for tiering and/or phasing of infrastructure development, appropriate to the individual Urban
Growth Area.
d. City priorities for City -led annexation efforts, as appropriate.
6. Describe the development and implementation of a public involvement program that identifies roles and
responsibilities for respective jurisdictions, including actions and timeline.
7. Be reflected in County and City Comprehensive plans.
Proposed Revisions: Draft July 29. 2010 c Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Appendix D
Interlocal Agreement Between Kitsap County and the City of Bainbridge Island,
City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Revenue
Sharing Upon Annexation and In Conjunction With Major Land Use Decisions
Within a City's Urban Growth Area
(adopted by all parties in November -December, 2001)
This Agreement, made pursuant to Chapter 39.34 RCW, is between KITSAP COUNTY (hereinafter, the
County), a political subdivision of the State of Washington, and the CITY OF BAINBRIDGE ISLAND,
the CITY OF BREMERTON, the CITY OF PORT ORCHARD, and the CITY OF POULSBO,
(hereinafter, the Cities), municipal subdivisions of the State of Washington.
WHEREAS, through the Kitsap Regional Coordinating Council, the County and the Cities have worked
together constructively on revenue sharing issues that in the past have been adversarial; and
WHEREAS, the County and Cities sought a balanced set of revenue sharing provisions that would
benefit both the County and the Cities and support the orderly evolution of logical land use patterns and
jurisdictional boundaries; and
WHEREAS, the County and Cities reached accord on a set of Principles of Agreement for Revenue
Sharing in Annexations and in Major Land Use Decisions; and
WHEREAS, the County and Cities desire to implement the Principles of Agreement through an interlocal
agreement;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein,
the parties agree as follows:
SECTION 1 ANNEXATIONS
The purpose of this section is to provide a framework for logical and orderly annexations that are
consistent with the Growth Management Act, Chapter 36.70A RCW (hereinafter GMA), and to mitigate
the fiscal impact to the County of annexations initiated after the effective date of this agreement.
1.1 The Cities each confirm their willingness to eventually annex all land within their designated
Urban Growth Area (hereinafter UGA) boundaries.
1.2 Each City shall encourage annexation of all lands equally, and will support logical and
coordinated annexations, consistent with the intent of the GMA.
1.3 As part of the Kitsap Regional Coordinating Council's 2002 Work Program, the County and
Cities will continue to address coordinated development within the UGAs, including
infrastructure standards and funding.
1.4 Before the County constructs a major infrastructure improvement within a City's designated
UGA, the County and the City will negotiate and execute an interlocal agreement that
specifies the level at which the City shall reimburse the County for a portion of its investment
in the infrastructure improvement if the area where the improvement is to be located is
annexed within a specified period of time.
1.5 The County and the Cities anticipate that each specific proposed annexation will require
negotiation of other issues particular to its time, place and geography. The Cities and the
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
County commit to completing these negotiations and executing an interlocal agreement on
such issues in a timely manner.
1.6 As part of this agreement, the County will not oppose annexations within that City's
designated UGA or invite the Boundary Review Board to invoke jurisdiction.
1.7 The Cities agree to share with the County revenue lost to the County and gained by the
annexing City as follows:
A. Revenue sharing payments shall be based on the following three sources of
revenue:
1. The County's portion of the local retail sales tax levied under Chapter
82.14 RCW.
2. The ad valorem property tax levied by the County pursuant to RCW
36.82.040 for establishment and maintenance of county transportation
systems.
3. The admission tax levied by the County pursuant to Chapter 36.38
RCW.
B. For purposes of this Section, "lost revenue" means an amount computed as follows:
The combined total of the County's collections from all three sources
within the annexation area during the calendar year preceding annexation
minus
The combined total of the County's collections from all three sources
within the annexation area during the first full calendar year following
annexation.
C. The amount of the payment from the City to the County will be based on a three-year "soft
landing" approach as follows:
1. The Year l payment will be equal to 75% of the County's lost revenue.
2. The Year 2 payment will be equal to 50% of the County's lost revenue.
3. The Year 3 payment will be equal to 25% of the County's lost revenue.
D. The calculation of lost revenue pursuant to subsection B of this Section requires revenue
data for one full year following annexation. Therefore, the County shall initiate a request
for payment under this Section by written notice to the annexing City within two years of
the effective date of the annexation.
SECTION 2 MAJOR LAND USE ACTIONS
The purpose of this section is to recognize that retail development near jurisdictional boundaries has
an impact on neighboring jurisdictions and, in particular, on existing businesses and the demand for
public services and facilities. This Section is designed to mitigate these impacts by providing that sales
tax revenues from new major business development within a City's designated UGA, or from the
relocation of an existing major business from a City to a location within the City's designated UGA, will
be shared with the affected City.
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
2.1 For purposes of this Agreement, "major land use" means:
A. A new development within a City's designated UGA that houses any single retail tenant
greater than 40,000 square feet.
B. The expansion of an existing retail business within the City's designated UGA if the
expansion is greater than 40,000 square feet.
C. A retail business greater than 25,000 square feet that is relocated from a City to the City's
designated UGA. Or
D. An automobile, truck, recreational vehicle, manufactured or mobile home, or boat
dealership, regardless of the size of the building permitted, that is newly located within a
City's designated UGA, or relocated from a City to the City's designated UGA.
2.2 The County agrees to share with the affected City revenue lost to the City and gained by the
County due to a major land use, as follows:
A. Revenue sharing payments will be required only for local retail sales tax revenues
generated from major land uses. Because there are limitations, related to confidentiality,
on using a figure based on actual sales tax collections from the new or relocated business,
the revenue sharing payment will be based on estimated sales tax revenues derived by
using industry standards, such as the Washington State Department of Revenue or the
Urban Land Institute, for taxable retail sales per square foot for businesses.
B. For purposes of this Section, "lost revenue" means an amount computed as follows:
Total gross enclosed building square footage of the major land use
x
Industry standard annual average retail sales per square foot for category of business that most closely
resembles the major land use
x
Tax rate levied under Chapter 82.14 RCW
for the first full calendar year following the date on which the County issues a certificate of occupancy
for the major land use.
C. The County will make revenue sharing payments for the first full three years after the
major land use receives a certificate of occupancy.
D. The revenue sharing payment from the County to the affected City will be calculated
according to the following formulas:
For the relocation of a major retail business from a City to the City's designated
UGA:
a. The Year 1 payment will be equal to 75% of the City's lost revenue;
b. The Year 2 payment will be equal to 50% of the City's lost revenue; and
c. The Year 3 payment will be equal to 25% of the City's lost revenue.
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
2. For new development within a City's designated UGA that houses any single retail
tenant greater than 40,000 square feet, the payment amount will be 50% of the
City's estimated lost revenue each year for the first three years.
F. The calculation of lost revenue pursuant to subsection B of this Section requires revenue
data for one full year following issuance of a certificate of occupancy. Therefore, the
affected City shall initiate a request for payment under this Section by written notice to the
County within two years of the date the major land use receives the County's permission to
occupy the building.
SECTION 3 MISCELLANEOUS
3.1 Duration. This Agreement will remain in effect until the terms of the Agreement are
fulfilled. There is no other term agreed to by the parties
3.2 Reevaluation. Any City or the County may request immediate reevaluation of this
Agreement by the Kitsap Regional Coordinating Council Revenue Sharing Policy Committee.
If the reevaluation fails to yield a resolution satisfactory to the requesting party within six
months from the date the request for reevaluation was made, the requesting party may initiate
the process for termination provided in this Agreement.
3.3 Termination. After completion of the Reevaluation process required by this Agreement, a
party may terminate this Agreement by 12 months' written notice to the other parties.
Termination does not extinguish the obligations of the terminating party under this Agreement
for annexations initiated, or major land uses for which an application is filed, prior to the
effective date of termination.
3.4 Filing. When fully executed, this Agreement shall be filed with the Kitsap County Auditor.
3.5 Notices. Any notices required by this Agreement shall be delivered, or mailed postage
prepaid, and addressed to:
Kitsap County City of Bainbridge Island City of Bremerton
Clerk to the Board City Clerk City Clerk
Office of the Kitsap County City of Bainbridge Island City of Bremerton
Board of Commissioners 280 Madison Avenue N. 345 61h Street, Suite 600
614 Division Street Bainbridge Island, WA 98110 Bremerton, WA 98337
Mailstop 4
Port Orchard, WA 98366
City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council
City Clerk Mayor Chair
City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council
216 Prospect Street 19050 Jensen Way NE P.O. Box 1934
Port Orchard, WA 98366 P.O. Box 98 Kingston, WA 98346
Poulsbo, WA 98370
3.6 Administration. As this Agreement contemplates no joint or cooperative undertaking, each
party shall administer the Agreement as to its own responsibilities under the Agreement. The
Kitsap Regional Coordinating Council shall oversee the revenue sharing process provided for
in this Agreement.
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
3.7 Reporting. The County and the Cities shall report to the Kitsap Regional Coordinating
Council at the start of each calendar year any payments made or received by the reporting
jurisdiction pursuant to this Agreement during the preceding calendar year.
3.8 Waiver. The failure by the County or any City to enforce any term or condition of this
Agreement shall not be construed to constitute a waiver of any other term or condition, or of
any subsequent breach of any provision, of this Agreement.
3.9 Entire Agreement. This Agreement includes the entire agreement of the parties with respect
to any matter addressed in this Agreement
3.10 Amendment. This Agreement may be amended only upon the written agreement of the
parties made with the same formalities as those required for its original execution.
3.11. Countywide Planning Policy. To the extent that anything in this Agreement may be found to
be inconsistent with any part of the Kitsap County -wide Planning Policy, the County and City
in 2002 will review the applicable parts of the County -wide Planning Policy and revise them
in accordance with this Agreement.
3.12 Review. The County and the Cities shall review this Agreement within the Kitsap Regional
Coordinating Council in December of 2003, and every five years thereafter.
3.13 Effective Date. This Agreement shall take effect retroactively to September 4, 2001, as this
date has been expressly agreed upon by all the parties.
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
Appendix E: Interlocal Agreement Establishing the Adopted by Kitsap County
Kitsap Regional Coordinating Council and all four cities
3/21-6/20/01
THIS AGREEMENT is made and entered into by and between the undersigned members of the Kitsap
Regional Coordinating Council, pursuant to provisions of the Inter -local Cooperation Act of 1967, Chapter
39.34 RCW.
WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for
intergovernmental coordination, cooperation, and consultation among member agencies in order to bring
about a continuous and comprehensive regional planning process and efficient service delivery; and
WHEREAS, the undersigned members desire jointly to undertake continuous cooperative regional
development, land use, housing, capital facility, service, and transportation planning; and
WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review
should be accomplished whenever possible by all jurisdictions affected and should receive policy direction
from all local general purpose and tribal governments;
THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed:
1. DEFINITIONS: For the purpose of this Inter -local Agreement and all other agreements, contracts, and
documents executed, adopted, or approved pursuant to this agreement, the following terms have the
meaning prescribed to them in this section unless the context of their use dictates otherwise:
a. "Member agency" means any public body which is a party or becomes a party to this inter -local
agreement and is a County, City, or federally -recognized Tribal government within the region;
b. "State" means the State of Washington;
c. "Region" means the territory physically lying within the boundaries of Kitsap County;
d. "Council" means the body of local and tribal elected officials designated in accord with the By-laws
of the Kitsap Regional Coordinating Council to represent member agencies to carry out all delegated
powers and managerial and administrative responsibilities of the Kitsap Regional Coordinating
Council;
e. "Majority vote" means more than one-half of the votes cast when a quorum is present and must
include a majority of votes from County representatives and a majority of votes from the
representatives of at least two separate cities.
2. ORGANIZATION — COMPOSITION AND NATURE: The undersigned member agencies constitute the
Council: Kitsap County, City of Bainbridge Island, City of Bremerton, City of Port Orchard, City of
Poulsbo, the Port Gamble S'Klallam Tribe and the Suquamish Tribe. Management of the Council is
structured as provided herein and by the Council Bylaws.
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
3. AUTHORITY AND PURPOSES: The Council has the following authorities and purposes:
a. To provide a regional forum for deliberations and cooperative decision -making by the region's elected
officials in order to bring about a continuous and comprehensive planning process.
b. To foster cooperation and mediate differences among governments throughout the region.
c. To coordinate actions to provide for a sustainable economy and environment for the region.
d. To carry out such other planning and coordinating activities authorized by majority vote of the
Council including participation in other forums and organizations.
e. To provide for administrative services necessary and incidental to the aforementioned Council
activities.
4. FINANCING: The Council receives funds from each member agency as provided by the Bylaws and from
other available funding sources. The Council may apply for funding of any nature as may become
available to assist the Council in carrying out its purposes and functions.
FISCAL, YEAR AND BUDGET: The fiscal year coincides with the calendar year. The Council adopts an
annual work program and budget in advance of each fiscal year that identifies anticipated activities,
goals, revenues, and expenditures for completing the work program. A draft work program and budget is
prepared by the Executive Committee established by the By-laws of the Council and is submitted for
consideration and approval by the full Council. After the Council has approved the final budget it is
forwarded to the County for inclusion as a distinct agency fund within the Kitsap County Budget. No
increase or decrease to the final budget shall occur without the approval of the Council.
6. WITHDRAWAL FROM AGREEMENT: Any member agency has the right to withdraw from this Inter -local
Agreement by giving the Council six (6) months prior written notice. Unless otherwise provided by
future agreement, any member agency that withdraws shall remain responsible for its financial and other
obligations with regard to Council activities until the effective date of withdrawal and with regard to
agreements to which the Council is a party and which exist at the time of such notice of withdrawal.
Withdrawal by one member agency to this Inter -local Agreement shall not terminate the agreement as to
any other remaining member agencies.
DISPOSAL OF ASSETS: Upon termination of this agreement any Council assets, after payment of all
liabilities, costs, expenses, and charges validly incurred under this agreement, shall be distributed to all
contributing member agencies in proportion to their contribution determined at the time of termination.
The debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of
any member agency.
Adopted by Kitsap County Ordinance 403-2007
November 19, 2007
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James Weaver
From:
Doug Skrobut [doug@mccormickwoods.coml
Sent:
Wednesday, June 09, 2010 9:49 AM
To:
James Weaver
Cc:
'McKernan, Mike'; 'Bob Johns'; Tom A. Bonsell
Subject:
Potential Donation of Property from GEM LLC to City of Port Orchard
James;
I am writing in response to your letter of June 3, 2010, addressed to me regarding the McConnick Village Park.
GEM LLC is willing to discuss further the potential donation of the property east of "Campus Parkway" and
west of Anderson Creek. We agree that it would be beneficial to begin discussion given the pending
preliminary plat and the on going planning for the park.
Our initial, preliminary, thoughts are outlined below:
• The property would be deeded by GEM 1 LLC to the City upon successful conclusion of the discussions.
• GEM1 LLC would retain certain rights to the property, such as the ability to construct the storm water
improvements shown on the pending preliminary plat, the ability to make necessary cuts and fills related
to the future roadway, etc.
• The City would be the responsible for maintaining the storm water improvements to be located on
property.
• Any improvements constructed on the property would be subject to the City's parking code
requirements (to protect against future park users from using parking within the future commercial
center).
I look forward to continuing our discussions on this topic.
Sincerely,
Doug Skrobut
McCormick Land Company
4978 SW Lake Flora Road
Port Orchard, WA 98367
360-876-3395 ext. 220
Fax: 360-876-3511
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CITY OF PORT ORCHARD
Planning Department
216 Prospect Street, Port Orchard, WA 98366
Phone:(36o) 876-4991• FOX (36o)876-4980
planiiiiig@cityofportoreliard.us
w .cityofportorchard.us
June 3, 2010
Doug Skrobut
GEMI LLC
4978 Lake Flores Road
Port Orchard, WA 98367
Subject: McCormick Village Park
Dear Mr. Skrobut,
Thank you for considering this letter. The city of Port Orchard in conjunction with the citizens and area
residents are diligently working to develop a Park Master Plan for the McCormick Village regional park
site. The City and the consultant team is in the process of conducting sub -committee meetings and
public outreach to garner support for a park design that meets the needs and desires of the McCormick
Woods community and Port Orchard residents. It is felt this regional park will be an incredible benefit
for the surrounding community and much of that activity has been documented on the Part Orchard
City Website: http://www.cityofportorchard.us/mccorrnickvillageparkplan
In studying the park site and surrounding properties, it has come to our attention that the area east of
Campus Parkway and west of Anderson Creek, currently zoned Greenbelt and constrained by steep,
slopes, wetland and stream buffers, might be beneficial for all parties as parkland. A map has been
provided with the property in question. The described property has been identified for the ability to
provide direct access from your developments and the roadway to the public park property and
simultaneously, provide increased value to the park. The area would allow for an expanded public
amenity, more advanced & complex trail system, opportunity for public or non-profit recreation uses
such as a YMCA/Boys & Girls Club or similar, increased public parking opportunities, and higher visibility
for the regional park directly adjacent to the most dense retail, employment, and residential areas of
development within McCormick Woods. It is the City's hope that the activity center of McCormick
Village, developed by your company would provide an activity level that would coexist with and benefit
the adjacent public park, increasing attendance and activity at both locations in a symbiotic relationship.
The city is requesting McCormick Land Company and GEM1 LLC for the ability and authorization to
utilize the existing McCormick Village Park consultants and design team to include the area in question
for preparing proposed conceptual park planning alternatives. This would provide the ability to utilize
the existing City resources for Park Planning, and have a plan in place in the eventuality that the areas
were to be dedicated to the public.
In addition, if deemed acceptable by GEM1, the City would like to request the beginning of dialogue
regarding the potential donation of the described area to the public for inclusion as a component of the
McCormick Village Park. With the timing of the pending McCormick North Phase III master plan/plat,
currently under review with the City, it was identified that it may be beneficial to begin discussions now
regarding the potential aspect of property donation or potential alternative uses as part of the project
review.
The City believes that together, the combination of the McCormick Village Park and the successful
development of the McCormick Village retail, residential, and employment centers will significantly
benefit each other as they are seen as a natural focal point and activity centers of the entire community.
I look forward to your response regarding this matter and thank you for considering this letter and the
request.
Respectfully,
James R. Weaver
City Development Director
Cc: Tom Bonsell, City of Port Orchard Project Manager & Associate Planner
Encl: Map of area in question
T
alormwater
settlement �♦
pone
weir
constructed wellantl--,
113 mile running track i
i
i
' 1 l
� 1
i
outfall--� '-
f .
parking (10) '1
I �
�I entryi '
s♦rspension I
i bridge i
ar/
entry
r J
o nature
r fitness
a
! f ....... path
Future Site of ��� r /;r [• �''
commercial/Office/ �j ' ,
In dust rlal Park -
Development -
I
lei Yf i mile main loop '
9^ O.
,� • fitness ' r
stalioh�
entry
1Gentry
¢�0 hit%
eture `
q
_ } .` round sc Ul Plu re
Legend
/ ,playground. 11 —Main Path
pl rtic,shelt r •^^•Nature Trail
If resftoo [� ` ■ Proposed
j fut Ile lore. pa[ my, <I r Structure
ddddt }�1 qoBoar"alk or
Observation Deck
I is Interpretive
f 1 I., t v Opportunities
' r _ • Fitness Station
, r
_ SculpturelAe
entry sign
_ .�enlrY '_ ..
DRAFT
05/13/10
DEVELOPMENT AGREEMENT
McCormick North Phase III
THIS DEVELOPMENT AGREEMENT ("
of Port Orchard, a Washington municipal corp
Washington limited liability company ("GEM 1").
A. GEM 1 is the owner and
Preliminary Plat, which is a portion ofp.
McCormick North development is getto
of Anderson Hill Road. The Mpo
McCormick North III are shown i-I
of McCormick North Phase III is attar
B. The
was annexed into tl
into between the City
Lnd GEM I LLC, a
North III Master Plan and
as McCormick North. The
0 of Old CliRon Road, west
ion of that area known as
X A, The legal description
McCormick North Phase III
C. Pnot to llrtjtlt it qb yKitsap County's approval of a Master
Plan and Developmea.A ` t tl fol St6il6&atef affic, and Parks and Open Space, which
regulate devooprunt of j q �CIIrM lts_ UX �k iiients in the Urban Growth Area, including
McCpokjtirth Iri',,addttiotLM oKitsap County approval of a Master Plan for
MccCormick North Phases 1 and II, and additional
applopment of McCormick North. Collectively, these
approVAlg and dgreerpettfa esttihlished:2 comprehensive development plan for GEM 1's urban
orones: itieludine IvICCotmicI orfh and McCormick North Phase III.
D. for'of" dtm6ation, GEM I submitted applications for the McCormick North
Phase III Master 11ai%hd a' Preliminary Plat application for McCormick North Phase III to
Kitsap County K[tp f"unty Project Numbers 09 65893 and 09 74595. Kitsap County issued
a Notice of Complete "I pplication for the McCormick North Phase III Master Plan on March 13,
2009 and a Notice of Complete Application for the McCormick North Phase III Preliminary Plat
on June 16, 2009.
E. The City and Kitsap County have different processes for the approval of
applications for developments like McCormick North Phase III. The City and County also have
Page I of 12
similar, but slightly different, substantive standards for the development of projects like
McCormick North Phase III.
F. The City and GEM l recognize that GEM 1 has a vested right to develop
McCormick North Phase III pursuant to the Kitsap County standards to which it is vested.
However, for a variety of reasons, both the City and GEM 1 believe it would be preferable to
complete the review and approval of McCormick North Phase III using City permit procedures.
The City and GEM 1 also believe it would be preferable to complet6'the review and approval of
McCormick North Phase III based on City of Port Orchard substltfiv0 standards, to the extent
that use of such standards does not require significant redesign. ,i ''} rcject.
G. The City and GEM I desire to enter
by RCW 36.70B.170, which will establish procedu
of McCormick North Phase III. This Agreement,.
permitted on the Property, the development stab"
which the development standards will apply, A
developed.`
Based on the foregoing
into the following Development
1.
a.
following
m
Id�iftt�#tt reement, as authorized
dar"ds for #ate tgview and approval
to set fort�t thl k es that will be
(,.apply, t}se 12CpQti i3f time within
ititc}, manner it►wHch it may be
and GEM 1, LLC enter
a clearly indicates otherwise, the
in this paragraph.
s the ordinance that approves this
36.70B.200.
document, entitled Development Agreement.
the City of Port Orchard.
Goction Standards" means the City adopted regulations governing
constructi6tt s l as and specifications, such as, but not limited to, the International
Building Co lYiniform Plumbing Code, National Electric Code, the International Fire
Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other
codes adopted by the City, with or without amendment.
(5) "Development Standards" means the development requirements set forth
in this Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly
adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted
therein by reference, and any administrative regulations duly adopted by the City, that
Page 2 of 12
relate to the use, alteration or development of real property within the City,. Development
Standards does not include Construction Standards or the applicable fees in effect at such
time as grading, building, or other applicable permit applications are submitted and
deemed complete by the City.
(6) "Effective Date" means the effective date of the Adopting Ordinance.
(7) "GEM I" means GEM 1, LLC the fee simplI't(tle holder of the Property,
its successors or assigns.
(8) "McCormick North Phase III" or th6 "ft-0rty".means the real property
within the City, assigned Kitsap County Assessbir ItiX �l trkmbers 052301-4-014-
2009, 052301-4-015-2008, 052301-4-016-2007, ,0S2301<4 01 260b, 052301-4-018-
2005, 052301-4-013-2009, 042301 3 009OQatd 042301 3,(07�2001� as depicted in
Appendix A and legally described u► = 1ppvndixl�ep Ly consists of
approximately 129 acres and the proposed %ftire uses tt ude residenfi�t(, riiixed use, and
industrial.
fx
(10) "Vesting Da)e fet;C S to tie, date 31j'yjttiilth ICrtsap County issued a Notice
of Complete Application 6 the T f t t ii NMaster Plan project -
Kitsap County File Number 09 .6 ZI forth in paragraph D,
.wa.s .c rr4fj,fS
above.
51Ppmt'pteari the Development Standards in
effect on tote vpfiig Date? exoet as tn�aWit
y thb'equirements set forth in Section 3
of thisAgttietttt:;
a C1t+t4Kit�ap Cci(titjy feyiew process for McCormick North Phase III required
scut §iqp of (j)agr3 Plan �ppirpAn, and (2) a Preliminary Plat application. The City
review p�oagg does,htictt melpde atec Plan process for such a development. The City's
requirerh�flts for'& Piehmmary;l?lat application are slightly different and slightly more detailed
than the Co0WJ NWtel play S'plication requirements.
b. III i-'-d,'F to coifvert the pending applications to the City permit process, the
following steps erthec')�ave already occurred or will occur:
(1) GEM 1 has submitted modified and supplemental information requested
by City staff regarding the pending master plan and preliminary plat application, in order
to provide the additional information required to meet the City's application requirements
for preliminary plat approval (generally consisting of additional information on the
stormwater control plan).
Page 3 of 12
(2) The City shall review the application materials previously submitted to the
County, and the modified/supplemental information provided pursuant to the preceding
subsection l(b) (1) and determine whether, based on that information, the application
contains sufficient information to allow the City to process a preliminary plat application
for McCormick North Phase III using City processes and standards, subject to the terms
of this Agreement.
(3) If the City determines that the application c ins sufficient information
to allow the City to process a preliminary plat application ft�c Il 4Cormick North Phase III
using City processes and standards, subject to the teeii9dgftitis Agreement, the Master
Plan application previously submitted to the Cct"ly 11y bg deemed to have been
abandoned and the McCormick North Phase IjL 51 processed as a City
preliminary plat application as set forth in this Agtepgi0nt ,'
(4) If the City determines (Yia fftif pphcation does no Contain sufficient
information to allow the City to proce9 ti Sw intmary-plat appliCii iotl brMcCormick
North Phase III using City procsl iW" l ', theW6 ; subject to s of this
Agreement, the City shall so nt�£yC��EM 1 `tCc<X Ctl M 1 an opporCuty to supply
additional information that vygdtid a110W the Ct 1A<mke a determination that the
application contains sufficint tforifFt�ti;allo fo process a preliminary plat
application as described ab6V% ,'J,1 ubr q in ormation, the City shall
review it pursuant to the term ue a new determination.
GEM 1 shall also hAyo ib opts > m �t unable to provide the additional
information qr.tt prtolW 1iq t icatt ��t �y City and to have the project
reviewed gttrsti t0� $pthcablts ��' artd processes to which it is currently
vested by virtu t1 1ts Iti7E98pplicat. ,.,,Otsap County and the related Notice of
Complete App(tcatton1 sued b9.9'i R
He City permit process pursuant to subsection
,suant to City procedures for preliminary plat
Agreement. This process shall include, but is
ion (if deemed to be required by the City) and
SEPA CCVieWs the Cifj llbgrmg J; awn er and appeal processes.
3.
If the McQ6ftidt-N6rth Phase III applications are converted to the City permit process
pursuant to Section 1'gbove, the Property, including all permitted land uses, shall be reviewed
and conditioned based''on the Development Standards in effect on the Vesting Date, with the
following changes:
a. Minimum Residential Lot Size: The McCormick North Phase III project was
designed with and is based on a minimum residential lot size of 1500 square feet. The minimum
residential lot size for the Property shall be 1500 square feet.
Page 4 of 12
b. Tree Retention: The City and County have very different requirements for
provision of open spaces and retention of significant trees. The City's current significant tree
retention regulations are based on an assumption that a certain number of significant trees will be
retained throughout a project (defined as a tree having diameter at breast height of 36" or
greater). The County, on the contrary, requires that a certain percentage of a site be retained as
open space in which existing vegetation is protected. GEM 1, as part of the larger McCormick
North project, developed that overall project based on the County system. As a result, there are
and will be substantial areas of trees retained within the McCort ick North project but in a
pattern that is different than the City's lot by lot system grder to accommodate this
difference, the City and GEM 1 agree that development on loth `�n McCormick North Phase
III shall be exempt from the provisions of the Port Orchard *iftree retention regulations
(PMC 16.50.180 through 16.50.220, as now or hereaftg atnetidgti} fgr a t2eriod of fifteen years
from the date of final plat approval. After the exp�rafl't1n o said fifteen%.year period, any new or
additional development on any lot in McCormick4tijt.lshase III shall ,be done in compliance
with the requirements of significant tree retenhreuahons in effect at thetrne':o( application
for such new or additional development.,
C. Stormwater Control Staffiards Mcititbk lslorth Phase IIL.was originally
planned and development applicatiott5 st}b'rt►ied the i lre requirements set forth in the
Kitsap County Code Title 12 Drail(i(e the �RW?ty Department of Public
Works Stormwater Division, "Kits i}�' F M gment'Manual (KCSWDM),"
dated February 2002 witate 1Y dam$ to use more state-of-the-
art water quality best met rad @ eject In order to implement this
4 u s
agreement, the City atl�f3$15Vi 1.`, ,as
(1)(eutt}?n oet foitu ,,.,Kitsap County Code Title 12 Drainage
Standards, and the ta1t tats114
cgt t' tc Works Stormwater Division, "Kitsap
County Stprittr Ivfdnage$ten(1ltariizS� " dated February 2002 with 2007 updates
shall be used tcftyv ahndtgn aptttvl Ytf'the water quantity aspects of the stormwater
control sps)e'm fszF �i4��>ormio pih i?llase llT i.e., the volume of required retention -detention
2) 'Fe &tandards contained in the 2005 Department of Ecology Stormwater
Control M4uqV0t►dtCi p a9GountY Low Impact Development Ordinance shall be used to review
and eondifl6i"_ c qualtty_Gtintrol aspects of the stormwater control system for McCormick
North Phase ITL _ _ �?'-
d. Buildin Height. Kitsap County and the City impose similar but different
building height limitations on the residential zone (RM — Residential Medium in the County and
R20 in the City) in which a portion of McCormick North Phase Ill is located, but the County
method of measuring building height is somewhat more detailed. Because the plat was designed
assuming the County measurement system, building heights in the portion of McCormick North
Phase III that is zoned R20 shall be calculated based on the provisions of Kitsap County Code
17.110.140, 17.382.020, 17.382.060 and 17.382.110 (copies attached as Appendix C.)
Page 5 of 12
C. Road Cross Sections. McCormick North Phase III is part of a larger
development which was designed and constructed based upon the standards in the 2007 Kitsap
County Road Standards, including roadway width, sidewalk requirements, street trees and street
lighting and related appurtenances. In order to provide uniformity of appearance, a common
maintenance standard, and for consistency, except as noted below, McCormick North Phase III
shall be developed using the same road cross sections and road improvement standards that were
used in the balance of the McCormick North development. Copies of the applicable Road Cross
Sections and Road Channelization Plan are attached as Appendix Dt�ri,D-1.
(1) Roads 1 through 5 shall have 6 foot tYl, , s ¢walks in accordance with
lade:
WSDOT Standard Plans. Road I shall include a center turnetween Roads 5 and 6.
(2) Roads 2- 4 are intended to provid@ 1i%gtess/egi@ss-Jo the R20 zone (High
density residential) parcels. The roads shall include cttrb" gutter 6 foot4"faiiWilks on both sides,
7 foot parking lane on one side, and 11 foot drive lanes, ds depicted in A}fjseirdi rVV ;
(3) Road 5 is intended,to provide,nip s% 's to the Eo niie'(employment
— industrial and office) 12 foot center parcels.e ter urn lane, and 11 foot rot �es„a�11 ldepdiiilApndix E,sidewalks both sides,
S
(4) Road 6 is intended �,txo�iess%to }he Eo Zone (employment
— industrial and office) parcels In ad2lttttiti@t(�i itttti 12 fod{ivitle"center turn lane, two 11
foot wide drive lanes, and G f6ot side tq bot s�� s I, 6'o eied in Appendix E, Road 6
shall also include cov rid §to" ater dy tli tfiji kened edge, and a cul-de-sac
installed to City standards adtet i�ibflli;term htt,,, j fUa2iway'
£ CnhcalireaS T!l@ CtYy revat tte critical area delineations and reports
prepared for; M4Cormjkoriginally submitted to Kitsap County)
and has det4r6ltt6d ghat the fepg[ s ar8", Imjll`e pad sufficient for review of a plat application
rmrsuajW46,CiWstandardsrtd:tiiat'the,deilneatidits contained therein are accurate.
g `, Zoning "and Uses:: The land uses for individual parcels or future development
tracts are subject to the it"underlying City"Zoning designation and associated land use code as
identified [n'Port Orchgfid Municipal C6de Section 16.30, as adopted on the Vesting Date. Future
developmbnt`ts sbect to th@ Iattii use approval process, conditions, and potential SEPA review
identified pu'tsitantfolte land"ifse tables identified in Chapter 16.30.
4. Term 6f A¢reement.
a. Because the completion of the development of GEM 1's Urban Growth Area
properties, including McCormick North Phase III, is expected to take considerably longer than
the development of a single plat and because Kitsap County, the City of Port Orchard and GEM
I all desire that these properties be developed in a coordinated manner, the Vested Development
Standards shall be valid for a period of fifteen years from the Effective Date unless extended or
terminated as provided herein. The City may grant a single five year extension if requested by
GEM l and if the City finds that GEM 1 has made a reasonable effort to complete the final plat
Page 6 of 12
process, recognizing that the timing of development is dependent on market conditions, the
availability of financing and various other factors beyond the control of the parties to this
Agreement. Final plat approval may be granted for portions of McCormick North Phase III,
provided such final plat recording for all of McCormick North Phase III shall occur within the
time periods established by this Section.
b. Following the expiration of the term or extension thereof, this Agreement shall
have no force or effect and the Property shall be subject to the regulations duly adopted by the
City, either as part of the Port Orchard Municipal Code, or adopted thet+ein by reference, and any
administrative regulations duly adopted by the City that;relat8 `to the use, alteration or
development of real property within the City. Provided, however, P' '; 4mplete building permit
application is submitted prior to the expiration of the term h e?ttensigfi`thereof, the City shall
allow the construction and occupation of the imp[ovemenfcoVered.'y said building permit
application so long as the building permit issued di) sAiti`applieatiott reni tns in full force and
effect and construction is substantially completed tvitkiia 18 m9nths of the ddt,e City issues
the building permit.
5. Phasing.
GEM I shall be allowed to deveh
occur in such sequence as GEM
Provided, however, GEM I Mttgst c
necessary by the City t8 ad tja
pedestrian and traffigeiictlpp
they relate to the PA P ph5fi ,
In the event
Vie, phases being allowed to
to Meet economic demands.
oYements that are determined
and safety with regards to
management, and utilities as
esult in a change in the type of uses
, this Agreement shall remain in effect,
t`ro s-.GEM,shall be entitled to develop its property pursuant to
forth }ff$ection 3(c), above, provided that if the total impervious
Ahe revised development exceeds the impervious area that is
�totrnwater plans designed in accordance with Section 3(c), GEM
(Install the additional stormwater storage required by the revised
., accordance with the City of Port Orchard's stormwater
standards in effect at the time of vesting of the application for the
b. Additional Residential Area. In the event that a revised development would
increase the area devoted to single family residential uses, lot sizes and parking
requirements for lots in the additional area shall comply with City of Port Orchard
standards in effect when an application for development of the additional area is
vested. In order to maintain a uniform appearance and consistency, any additional
Page 7 of 12
residential area shall be subject to the building height and road cross section
standards established in Sections 3(e) and 3(f), above.
6. Default.
No party shall be in default under this Agreement unless it has failed to perform following
written notice of default from the other party. Notice of default sh8jl;allow the defaulting party
thirty (30) days to cure or commence cure where thirty (30) d2y�s i insufficient for a complete
cure. Each notice of default shall specify the nature of the allpd¢t11t and the manner in which
the default may be cured satisfactorily. A party not in default s t greement shall have all
rights and remedies provided by law or equity, includlrtg vtttlttuiitnilahon: issuance of a stop
work order, injunction, damages, action for specific.pe fo;M8nce oC to iegl'ire action consistent
with this Agreement. Nothing herein will operate ta;p,Cby,'&It either party_ ottl t8king legal action
regarding noncompliance that threatens public h 11►i safety or welfare pttpC t3?,thQ expiration of
the thirty (30) day cure period following notice bfdefault o such action otxprepeding will
operate to automatically terminate this Agreemeiit: -ft�r Shaih it release eithbr p4ty from any
promise or obligation herein nor shall rt Me either p tl S% any liability or obligation with
respect to any breach of this Agreement *,', ng prior to "'a fdttimencement of any legal action
by a party.
7. Notices.
All notices required WPM�e t JuiIAIe"dto the respective party on the
date that it is personitl r ehvered ttJ the ad s ;Yset oith below, or on the date that it is
successfully sent by,,' trlstliisatotivto theitile number(s) set forth below:
rd WA 98366
1=876-4991
360-876-4980
Gregory A. Jacoby
pity Attorney
P.O. Box 1317
Tacoma, WA 98401
Phone:253-627-1181
Facsimile: 253-627-2247
GEM 1 Doug Skrobut
McCormick Land Company
4978 SW Lake Flora Road
Port Orchard, WA 98367
Page 8 of 12
Phone:360-876-3395
Facsimile: 360-876-35 l 1
With a copy to: Bob Johns
1601 1141h Avenue SE, Suite 110
Bellevue, WA 98004
Phone:425-451-2812
Facsimile: 425-451-2818
8. Reimbursement for Agreement
GEM 1 agrees to reimburse the City for actual
GEM 1 as an applicant incurred by City directly
fees, publishing fees, and reasonable consultiH€
application fees. This Agreement shall not take''<,
are paid to the City. Such payment of all$fees sh
from the City's presentation of a writte� r
9. Amendments.
No change or modif
signed by authorized
shall follow the proc
forth in RCW 36z�M
Agreement shall bpl
it is sought to be enti
curred over.atid above fees paid by
this Agreeti10,t, including recording
fees not otlicrwise in6luded within
s provided for" itt this section
tlie'latest, wit }ii0 th#tfy (30) days
Safety.
j16O.:$ same is in writing and is
tt�that any such amendment
lopmcnt agreement, as set
of any of the provisions of this
signed by the party against whom
Pu>sttatrt , , lZC`VJ fib 7QH.176(4), the Ct y reserves the authority to impose new or different
regal43todS ffpcling 'ti%4 ropetty, including but not limited to amendments to the
Compreitetisli5%c Plan tb'it`.'Qde, official Zoning Map, or development regulations, to the
extent regtl>i'�1fyr,to public health and safety.
11. Rj ')Binding Effect; Assignment.
This Agreement an&',apt subsequent amendments thereto shall be recorded with the Kitsap
County Auditor. GEM 1 shall be responsible for the cost of recording this Agreement and any
subsequent amendments thereto. The rights, obligations, conditions and interests set forth in this
Agreement shall run with the land and shall inure to the benefit of and be binding upon the GEM
1, and its heirs, personal representatives, successors and assigns and shall benefit the properties
described in Appendix B. GEM 1 shall have the right to convey, assign, apportion or otherwise
transfer any and all of its rights, obligations, conditions, and interests under this Agreement.
Provided, however, within thirty (30) days of the effective date of GEM 1's conveyance,
Page 9 of 12
assignment, apportionment, or other transfer of its rights under this Agreement, GEM 1 must
provide notice to the City of the same.
12. Relationship of the Parties.
Notwithstanding any other provision of this Agreement, or any other agreements, contracts, or
obligations which may derive herefrom, nothing herein shall be construed to make the City or
GEM 1 partners or joint venturers, or to render any other parties, hible for any of the debts or
obligations of the other parties, it being the intention of this Agregltlent merely to create the
agreements set forth herein.
13. Third Party Legal Challenge.
In the event any legal action or special proce
than a party to this Agreement, and a party's
any provision herein, the City may elect to
claims in the lawsuit to GEM 1 and its suc
successors or assigns shall hold the C4,1
expenses incurred in the defense of sueha�'ws
not limited to attorney's fees and tiX(5ris6si?
party or parties in such litigation. GEM 1 d
without the consent of the.City The G —,
withhold consent to settle Vw
14.
The parties
of
I by��" or entity other
to challetrgp thii'Agreement or
of such individual
n such event, GLxlvi 1 and its
nd the City from all costs and
us, in the lawsuit, including but
ages awarded to the prevailing
igns sljall not settle any lawsuit
th'sn'd shall not unreasonably
',1h adequate remedy for breach of this
specific performance of all material terms
This Agtop.Ment, is msdy &itd etttcred into for the sole protection and benefit of the parties hereto
and their saGcessot' and a§signs.''No other person shall have any right of action based upon any
provision of'$is Agteemeftt
16. ApplieAINBLaw and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. Any action with respect to this Development Agreement shall be brought in Kitsap
County Superior Court, Port Orchard, Washington.
17. Multiple Originals.
This Agreement may be executed in multiple copies, each of which shall be deemed an original.
Page 10 of 12
18. Entire Agreement; Construction.
This Agreement constitutes the entire agreement of the parties and incorporates all prior
discussions and agreements. The captions throughout this Agreement are for convenience and
reference only and the words contained in them shall not be held to expand, modify, amplify or
aid in the interpretation, construction or meaning of this Agreement. All parties hereto have
been represented by legal counsel and accordingly hereby waive tWgeneral rule of construction
that an agreement shall be construed against its drafter. r
19. Attorney's Fees.
In the event that any party to this Agreement brings 6 4VV's lit agai
enforce any provision of this Agreement or to re reach t
any such lawsuit shall be entitled to recover its, easonabla
any other available remedy.
t
Page 11 of 12
party in order to
evailing party in
VS in addition to
by the partie's on the dates
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
I certify that I know of have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument:=and acknowledge it as the
of GEM 1, LLC to be the fee and vol un act of such party for the
purposes mentioned in the instrument. _
SUBSCRIBED AND SWORN to before me this
STATE OF WASHINGTON
COUNTY OF KITSAP
1 certify that
who appeared befog
oath stated that lie
the
this
20
RY PUBLIC ifi1ffd fo the State of
expires:
is the person
tt(t'he/she signed this instrument, on
nstrument and acknowledge it as the
fee and voluntary act of such party for
day of 20_
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
Page 12 of 12
NW 1/4, SW 1/4, SEC. 4, AND THE SE 1/4, SEC 5,
TWP. 23 N., RGE. I E., W.M.
KITSAP COUNTY WASHINGTOr
I
5 �I 5 4
't "
/V •'7-� ti
/*, `•{•
r•;54 .:
W /4 •f;�
_o
m /
5
8 TPOB 5 4 _�_ S— R0P0
9 9 O� p
I POB
I
y9..CIF
R s
CW1.' m o'•
�o
0 400 800 1600 2400 •, 01ST>'••�yQ•
N1L LAND
SCALE III = 8001
Hugh G. Goldemlth & Associates, Inc. GEM] L.L.C. JOB NO: 08100
Consulting R*eers • Smeyurs • Planners
P.D. Box 3565 TEL 425 462-1080 MCCORMICK NORTH MASTER PLAN
Bellevue, NA 99009 RAX: 425 462-7719 PHASE III, URBAN VILLAGE 1
SCALE: I" = 800' APR: GCR BY: KJT
PSSF: 04005 1 DATE: 9/6/08 KITSAP COUNTY WASHINGTON
DWG: 08100EOI.dw LKNAPP 09/10/08 08:53 M:\ACAD\SURVEY\08\08100\08100EOI.dw9
�o.;%,' � 6
September 10, 2008
LEGAL DESCRIPTION
FOR
GEM1, L.L.C.
MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE
That portion of the Southwest quarter of Section 4 and the Southeast quarter of Section
5, Township 23 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, lying
North of Old Clifton Road and lying West of the following described line:
Beginning at the Southeast corner of said Section 5;
Thence N 67002'01" W along the South line of said Section 5 a distance of 835.91 feet;
Thence N 503211" E a distance of 30.03 feet to the North margin of said Old Clifton
Road and the TRUE POINT OF BEGINNING of the herein described line, said point also being a
point on the arc of a curve, the center of which bears S 84027'49" E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
430.00 feet, through a central angle of 24059'29", a distance of 187.56 feet;
Thence N 28000'49" E a distance of 455.92 feet;
Thence N 30031'40" E a distance of 1257.51 feet to a point of curve;
Thence Northerly along an arc of a curve to the left, said curve having a radius of 800.00
feet, through a central angle of 27050'52", a distance of 388.83 feet;
Thence N 2040'48" E a distance of 457.96 feet;
Thence N 87019'12" W a distance of 10.00 feet to a point on the arc of a curve, the center
of which bears S 8701912" E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
710.00 feet, through a central angle of 9006'48", a distance of
112.93 feet to a point on the East — West centerline of said Section 'o
4, distant thereon 89.08 feet, S 88°52'10" E from the West quarter
corner of said Section 4 and the TERMINUS of the herein described V 3� •' w gy
line, e.'< , l x4
EXCEPT any portion thereof lying within the Northwest
quarter of said Southeast quarter of said Section 5.
� LAND
08100GEM1241A-2010'O.DOC Prepared by:
Z- GOLDSMITH
Page 1 0( 1
Checked by: FAND OF Vf IO PMENI SFRVi CES
1
Building Height for McCormick North Phase III Preliminary Plat
Per Kitsap County Code Title 17
Zoning: RM Zone — Residential Medium
(Converted to R20 per Port Orchard Annexation)
I. DEFINITION -BUILDING HEIGHT:
17.110.140 Building height.
"Building height" is the vertical distance above a reference datum measured to the highest point
of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof.
(Ord. 367 (2006) § 5 (part), 2006: Ord. 216 (1998) § 4 (part), 1998)
II. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.020
C. Height. Except as provided for in Section 17.382.1100)(14), height shall be measured
from a reference datum to the highest point of the coping of a flat roof, to the deck line of a
mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The
reference datum shall be selected by either of the following, whichever yields a greater height of
building:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than ten feet above lowest grade.
2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface
described in subsection (C)(1) of this section is more than ten feet above lowest grade.
3. The height of a stepped or terraced building is the maximum height of any segment of the
building.
II. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.060
17.382.060 Urban Residential Density and Dimensions Table.
Urban Low -Density Residential
Urban Medium/High-
Density Residential
UCR
IGZ
UR
UL
UM
UH
Standard
(5)
(33)
(33)
(5)
(5)
(33)
C:Tackup 02-14-06Development Sub AreasWcCormick North\McCormick North Phase IMBIdg Height PH III Pre -Plat Dev
Agree (KC Code) 120709.doc
12/8/2009 1 0
(50)
(33)
4
1
1
4
10
Minimum density (du/acre)
(18
19
(19)
)
(18)
(19)
(19)
9
4
5
9
18
Base/Maximum density (du/acre)
30
(19)
(18)
(18)
(19)
(19)
None for multi-
Minimum2,400
lot size (39)
5,800
5,800
�f.
2,400
�£
family;
None
s.f,
s.f.
s
s
2,400 s.ff, for
single-family
0 for multi-
40
family;
Lot width (feet)
40
60
60
60
(20)
40 for single-
family
0 for multi-
family;
Lot depth (feet)
60
60
60
60
60
60 for single-
family
35
35
35
Maximum height (feet) (40)
35
35
35
(50)
(17)
(17)
Maximum impervious surface coverage
NA
40%
50%
NA
85%
85%
(Ord. 420 (2008) § 8 (part), 2008; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part),
2006)
17.382.110 Footnotes for tables.
17. A greater height may be allowed as set forth below and in accordance with the procedures
in Title 21 of this code. Such approval must be consistent with the recommendations of the fire
marshal/fire district and compatible with surrounding uses and zones. Such approval shall result
in a decrease in building coverage, an increase in public amenities, and/or a more creative or
efficient use of land. The maximum building height approved by the director shall not exceed:
C:\Backup 02-14-060evelopment Sub Areas\McCormick North\McCormick North Phase III\Bldg Height PH In Pre -Plat Dev
Agree (KC Code) 120709.doc
12/8/2009 2
a. In the UM, NC, and P zones: forty-five feet.
b. In the UH, HTC, and RC zones: sixty-five feet.
c. In the BP, BC, and IND zones: fifty feet.
d. In the mixed use zone:
i. Within Silverdale, the maximum height shall be 45 feet;
ii. Along the Highway 303 corridor, the maximum height shall be sixty-five feet;
iii. Along Perry and National Avenues, the maximum height shall be forty-five feet.
C:\Backup 02-14-06\Development Sub Areas\McCormick NorlhWeCormick North Phase 1111Bldg Height PI I III Pre -Plat Dev
Agree (KC Code) 120709.doe
12/8/2009 3 19
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GOVERNMENT LOT 3
(NORTHWEST QUARTER OF THE SOUTHEAST QUARTER)
SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. '
eg` CITY OF PORT ORCHARD, COUNTY OF KITSAP, /
tire" > F STATE OF WASHINGTON /
p7 if m%• 9� /
♦y0�,("P` C ♦ REVISED LEASE AREA /
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ORIGINAL LEASE AREA
N48'37'30*E
— 15.00'
DESCRIPTION
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AREA DESCRIPTION
ONE INCH
AT NLL SCALE, IF NOT ONE INCH
SCALE ACCOR0INCLY
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'YEN'S TOWN \PLATOFSIONEYMEANDER
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152.05'
FND. SURFACE REBAR
.,\ /I/ ♦� -/ NO CAP
♦ \'� \..` / y✓ yjl / FND BRASS NAIL IN CONC. MON.
IN CASE, OX BELOW SURF.
AQUATIC LEASE 22-002730
WATERWAY PERMIT No. 20-086063
t
I DE KALB STREET
---
- ----I-------------------------�
W
i gn i
FND 1.5- IRON PIPE W/BRASS TACK ] z
IN CASE OX BELOW SURFACE
iL
DWIG
----------------ST--R—EE------——----
HT T
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
SECTION 20. TOWNSHIP 24 NORTH, RANGE 1 EAST, W.N.
UDIqT�O�tR1'�S CER'�—TlI�F'�ICATE
SURVEYOR'S CERTIFICATE
,1.-2 day of -1 201Qa1
correctlyPIn 1
IunderPmy
yb .
AQUATIC LEASE SURVEY
me or direction conformance wltN
ACT of
In Lock'7'1 of .er„ al a a ander
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requlremenle of the SURVEY RECORDING
reaueef al PEIE 11ERNAN
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FOR
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h ASSOCIATES, INC.
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SINCLAIR INLET MARINA
M
DOUGLASS A. HHARY TIVL&N, PLS
erinlend.nl of Records 4App -
nr� aA s—,—,
CERIIFlCATE NO. 36798
0" 7Ji 0 1 to It 74-77
� i�0'tiLG so
ati00Atq fiVO
'A"
LMlarina, LLC
id Harbor Area
,of
Addition
of plan
"Addition to Sidney
ofpiats
?rt Orchard Washington
ofptats
City 0 Port Orchard
Harbor Area Lease Number AL-12074
SCALE
s0 0 35 50 100
isp
ti°
File
Block I
��ae c4 <,IlelOSCytae1%
ltto4 ";'o"iQp 89"2I'15" W
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reef-�.�
RECEIVED
LIGHTING SERVICES FROM
PUGET SOUND ENERGY
355 1 10TH AVE NE- BaLEVUE, WA - 98004
(425) 456 - 2496
WIN
AUG 0 9 2010
CITY OF PORT ORCHARD
PUBLIIVVKf
Location:
• Erickson Ave
• Virginia Mason Outpatient
• Bainbridge
Details:
• Black Satellite on Black
Concrete pole with Vero
Beach arm
LIGHTING SERVICES FROM
PUGET SOUND ENERGY
10608 NE 4TH STREET• BELLEVUE, WA • 98004
(425) 456 - 2496
Location:
Main Street
Elk Heights / Nielson Meadows
Details:
Bishops Crook arm
K823 Falconridge fixture
Victorian II 18' Green concrete pole
BC-2
LIGHTING SERVICES FROM
PUGET SOUND ENERGY I N T 0::' ...... fi
355 110th AVE NE- BELLEVUE, WA • 98004
(425) 456 - 2496
Location:
Tenino
Details:
AAL Large Scale Pendant
with luminous rings
6' Arm w/ball top cap
20'ft Round Medium
Concrete Sandstone Beige
Pole with Festoon outlets
Planter Brackets
AM-14
LIGHTING SERVICES FROM
PUGET SOUND ENERGY I N T O T
355 - 110TH AVE NE• BELLEVUE, WA • 98004
(425) 456 - 2496
Details:
• Wood Grain Concrete
• AAL Uni UCL Luminaire
AM-11
Location:
Dupont Golf Course —
Dupont, Washington
LIGHTING SERVICES FROM
PUGET SOUND ENERGY I N T O<T
355 - 110TH AVE NE• BELLEVUE, WA • 98004
(425) 456 - 2496
Details:
• Wood Grain Concrete
• Double AAL Uni UCL
Luminaire
AM-12
Location:
• Dupont Golf Course —
Dupont, Washington
LIGHTING SERVICES FROM
PUGET SOUND ENERGY I N T 0 T
355-110TH AVE NE • BELLEVUE, WA • 98004
(425) 456 - 2496
Location:
• City of Bonney Lake
Details:
• Washington Pole
• Aladin Arm
• King K-56 Luminaire
LIGHTING SERVICES FROM
PUGET SOUND ENERGY
I N T 0.
355 - I 10TH AVE NE• BELLEVUE, WA • 96004
(425) 456 - 2496
Location:
City of Maple Valley -
SE 263rd & SE 254th
Details:
• 25'Visco Octiflute
galvanized steel pole
• Decorative base
(Vl-B9/21)
• Ornamental 6' arm
(22 SL-PEC)
• 150W teardrop luminaire
(CP0748)
AM-6
LIGHTING SERVICES FROM
PUGET SOUND ENERGY I N T O T
355 - 110TH AVE NE • BELLEVUE, WA • 98004
(425) 456 - 2496
Location:
City of Sumner
Details:
• Teardrop fixture - street side
• Acorn fixture - sidewalk side
• Aladdin arm
Green steel fluted pole
AM-5 '
LIGHTING SERVICES FROM
PUGET SOUND ENERGY I N T 0 T
355 - 110TH AVE NE • BELLE VUE, WA • 98004
(425) 456 - 2496
Location:
• 228th St, Sammamish
Details:
• Northwest Green K205 with
KA 72-T-2
• Northwest Green fiberglass
AM-1
l nog
M�
�'�•;'� �"�`r%� City of Port Orchard
�WMR�VJ'� QII q
,, .mil is Council Meeting Minutes
Council Retreat — February 19, 2010
PRESENT: Mayor Coppola, Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim
Colebank, Fred Olin, Carolyn Powers, and Mayor Pro-Tem Robert Putaansuu.
ALSO PRESENT: City Attorney Jacoby, City Clerk Kirkpatrick, and Deputy Clerk
Rinearson. Public Works Director Dorsey was invited to the meeting and arrived with
Development Director Weaver at 9:3o a.m.
Mayor Coppola called the meeting to order at 9:oo a.m.
Short -Term and Long -Term Goals:
City Attorney Jacoby advised the purpose of the meeting is to identify short-term and long-
term goals.
The Council determined the following to be their short-term and long-term goals:
Short -Term Goals:
Parking Garage — Phase I Design
Revenue Sharing Agreement — Resolve
Tremont Corridor — Shovel Ready
Bay Street Pedestrian Pathway — Complete design; obtain easements
Sidney and Sedgwick —Infrastructure Plan to be completed in 2010
Financial Plan — City -Wide
Long -Term Goals:
Bethel Annexation — in progress
Library - Facility maintenance vs. new building
Downtown Parking — General
Annexation — Growth/Priorities
Economic Revitalization — Encourage new business
Bethel Avenue — Development and Planning
Bay Street Pedestrian Pathway — Construction
Parks — Acquisition, Funding, and Maintenance
Tourism — Create a Plan/Combine with Economic Development
Municipal/Public Facilities — Police, Municipal Court, and Library
Neighborhood Revitalization — Police/Council outreach
Sidewalks and Streets — Improvements
The Council directed the City Clerk to add the following items to Work Study Session
agendas as items for the Council to discuss and/or provide direction to staff:
Add to Future Work Study Session Agendas:
• Financial Plan — Development of reserve accounts and policies to increase
productivity
• Annexation Priorities — Review map boundaries and determine next logical step in
annexation
February 19, 2010, Retreat Work Study Session
Page 2 of 3
• Economic Revitalization and Tourism — Review combining into one Council
Committee
• Parking Garage — Define next steps, i.e. refine conceptual design
• Parks — Discuss whether to form a Parks Commission/Committee and funding
solutions
• Chain Parking — Revisit downtown parking time limits
• Design Review Board — to create a "Turn of the Century" idea book for Council
consideration
• City Face Book/Fan Page — Policy discussion
• Council Budget — Discuss increase in funding in 2011 for travel to Board meetings and
AWC training programs
Public Works Director Dorsey left the meeting at 10:01 a.m.
Priorities for Planning Commission
After a brief discussion, the Council directed Development Director Weaver to invite the
Planning Commission to the March 16, 2010, Work Study Session to discuss their proposed
goals.
Design Review Board
Development Directory Weaver indicated the Design Review Board would like to be tasked
with a project. After a brief discussion, Council directed the Design Review Board to put
together an idea book to better define the already established theme "Turn of the Century"
for the Downtown Overlay District.
The Following items were discussed by Council:
• City Face Book/Fan Page. The Council directed that there would be no official City
Face Book/Fan Page and further directed the City Clerk to research how other
municipalities are managing the pages from a records management perspective.
• Council Committees Budget. City Clerk noted that the Public Property Committee's
breakfast meetings were not factored into the 2010 budget. The Council directed the
City Clerk to add to a future work study session a discussion on increasing the
Council's travel and training budget for 2011.
City Clerk Kirkpatrick reported on the codification costs for Titles 16 and 18, which
was left out of the 20io budget, which would result in a budget amendment once the
final amount was known. The Mayor explained that staff did not understand the
significance of not including codification costs into each department's budget, noting
it was a learning curve and in the future these costs would become part of the annual
budget.
The Mayor explained that as part of his Green Initiative he would like to do a pilot
program that would provide six charging spots for electric vehicles throughout the
City. The Council directed the Mayor to move forward with this project.
As part of the Mayor's Green Initiative to save paper it was suggested that the Council
be issued laptops to review their Council packets electronically, which will save about
6 reams of paper each month. After a brief discussion, the Council directed staff to
continue providing paper packets to the Council; to notify the public that as of April
February 19, 2010, Retreat Work Study Session
Page 3 of 3
13, 2010, staff will only provide hard copies of the agenda, minutes, ordinances and
resolutions at the meetings; the public can either download the packet from the City's
website or call the City Clerk's office for a hard copy of the packets.
Council supported the Mayor's idea to implement a City-wide Disaster Recovery Plan.
The Council directed the City Clerk to add to the regular meeting agenda under
"Reports of Department Director's" updates on Tremont Corridor and Annexation
issues.
At 12:12 P.M. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor