034-10 - Resolution - Repealing Resolution 1872 and Adopting Revised Personnel PoliciesIntroduced by:
Requested b y :
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 034-10
HR Coord inator
HR Coordinator
HR Coo r dinator
October 12, 2010
Octob er 12, 2010
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING RESOLUTION NO. 1872 AND
ADOPTING REVISED PERSONNEL POLICES AND
PROCEDURES
WHEREAS, it is the des ire of the City Co uncil to est ablish a com preh ens ive co ll ection of
personnel policies and procedures in order to provide a uniform system of personnel
administration, promote communication among employ ees, and clarify the respon sibiliti es of
employees; and
WHEREAS, on September 27, 1999 the City Council adopted Resolution No. 1872
establishing personnel policies for union and non-union employees; and
WHEREAS, the City Council deems it in the best interest of the City and City employees
to periodically review and update personnel policies and, in so doing, h as determined it is
appropriat e to r evise the personnel polici es; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: Resolution No. 1872 of the City of Port Orchard is h ereby rep ealed; and
THAT: The personnel polici es and procedures in the form attached hereto as Exhibit A
are adopt ed and shall apply as set forth therein.
PASS ED by the City Counci l of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 12th day of October 2010.
//
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CITY OF PORT ORCHARD
PERSONNEL POLICIES MANUAL
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Table of Contents
SECTION PAGE
CHAPTER I. PURPOSE AND SCOPE ............................................................................ I
1.1 INTRODUCTION ................................................................................................ !
1.2 PURPOSE ............................................................................................................. !
1.3 SCOPE OF POLICIES ......................................................................................... !
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 ELIGffiLITY FOR EMPLOYMENT ................................................................... 8
2.5 EMPLOYEE PERSONNEL RECORDS .............................................................. 9
2.6 REFERENCE AND INFORMATION REQUESTS .......................................... IO
CHAPTER 3. HIRING .................................................................................................... II
3.1 RECRUITMENT ................................................................................................ !!
3.2 NEW HIRE SELECTION .................................................................................. !!
3.3 INTRODUCTORY PERIOD .............................................................................. l2
3.4 ORIENTATION ................................................................................................. 12
3.5 EMPLOYMENT OF FAMILY MEMBERS ..................................................... .l2
3.6 TEMPORARYEMPLOYEES ........................................................................... l3
3.7 VOLUNTEERS .................................................................................................. 13
3.8 COMMUNITY SERVICES WORKERS AND OTHER COURT
REFERRALS ...................................................................................................... 13
3.9 USE OF CONTRACT OR SPECIAL SERVJCES ............................................. l3
CHAPTER 4. HOURS AND ATTENDANCE ............................................................... 15
4.1 WORKING HOURS ........................................................................................... l5
4.2 ATTENDANCE .................................................................................................. l5
4.3 REPORTING WORK HOURS .......................................................................... 16
4.4 UNUSUAL WEATHER CONDITIONS ........................................................... 16
4.5 BREAKS AND MEAL PERIODS FOR NON-EXEMPT EMPLOYEES ......... l6
4.6 PAYROLLRECORDS ....................................................................................... l7
CHAPTER 5. COMPENSATION ................................................................................... l8
5.1 EMPLOYEEPAYRATES ................................................................................. l8
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5.2 EMPLOYEE CLASSIFICATIONS .................................................................... l8
5.3 JOB SHARING ................................................................................................... l8
5.4 PAYDAYS .......................................................................................................... l9
5.5 DESIGNATED WORK WEEK ......................................................................... 19
5.6 TIMEKEEPING REQUIREMENTS .................................................................. l9
5.7 DEDUCTIONS ................................................................................................... 20
5.8 ELIGIBILITY FOR OVERTIME ....................................................................... 20
5.9 COMPENSATORYTIME ................................................................................. 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 ..................................................................................................... 32
8.1 VACATION LEA VE ......................................................................................... .32
8.2 LEAVE SHARING ............................................................................................. 33
8.3 PERSONAL HOLIDAYS .................................................................................. 35
8.4 SICK LEAVE ..................................................................................................... 36
8.5 LEAVE WITHOUT PAY ................................................................................... 38
8.6 JURY AND WITNESS LEAVE ....................................................................... .39
8.7 DOMESTIC VIOLENCE LEAVE .................................................................... .40
8.8 ADMINISTRATIVE LEAVE ............................................................................ 40
8.9 MILITARYLEAVE .......................................................................................... .40
8.10 HOLIDAYS ....................................................................................................... .41
8.11 RELIGIOUS HOLIDAYS ................................................................................. .42
8.12 THE FEDERAL FAMILY ANDMEDICALLEAVEACTOF 1993
(FMLA) AND RELATED LEAVE UNDER WASHINGTON LAW ............... 42
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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 I 0. 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
I 0.8 CONTACT WITH THE NEWS MEDIA ........................................................... 74
I 0.9 SEAT BELT AND DRIVER/EQUIPMENT OPERA TOR 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 SUBSTANCEABUSE ....................................................................................... 77
10.16 PROFESSIONAL ATTIRE POLICY ................................................................. 82
CHAPTER II. 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
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CHAPTER I.
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.
1.2 PURPOSE
IMPORTANT: PLEASE READ
These personnel policies serve as a general informational guide to the City of Port
Orchard's current employment practices and procedures. As a result, these policies are
general guidelines only, not promises of specific treatment in specific situations. These
personnel policies are not intended to be nor should they be construed as a contract,
express or implied, or as a guarantee of employment for any specific duration. Unless
specific rights are granted to you in an individual employment contract, collective
bargaining agreement or Civil Service rules, all employees of the City of Port Orchard
are considered at-will employees and may be terminated from the City of Port Orchard's
employment at any time, with or without cause subject to applicable law. No supervisor,
Department Director or representative of the City of Port Orchard has the authority to
enter into any agreement with an individual employee for employment for any specified
period or to make any written or verbal commitments contrary to the foregoing, unless
such agreement is in a written employment contract signed by the Mayor, with
appropriate authorization of the Council.
1.3 SCOPE OF POLICIES
These personnel policies apply to all City employees. In cases where these
policies conflict with the provisions of a collective bargaining agreement, employment
agreement, Civil Service rules or laws, or other laws, the provisions of that law or
agreement shall govern. In all other cases, these policies shall govern (the sole exception
is that the Police Department's General Orders and policies shall govern, in regard to
City employees working in the Police Department, in the event of a conflict with this
Personnel Policies 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
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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.
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CHAPTER2.
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
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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
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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 ofthis 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.
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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
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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
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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
"1-9 Form" and provide proof of their identity and eligibility to work in the United States.
The City is responsible for obtaining the 1-9 Form from each employee and verifying
his/her eligibility to work in the United States.
Employees will be expected to complete the 1-9 Form during their first day of
work. The City will then properly complete the "Employer Section" of the 1-9 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 1-9 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
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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 1-9 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.
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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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CHAPTER3.
fiRING
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 1s 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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CHAPTER4.
HOURS AND ATTENDANCE
4.1 WORKING HOURS
The City's business hours are Monday through Friday from 8:00a.m. to 4:30p.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 (l) 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 (l) 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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CHAPTERS.
COMPENSATION
5.1 EMPLOYEEPAYRATES
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.
5.3 JOB SHARING
Employees may seek a job sharing arrangement for their own position by
discussing the feasibility of such arrangements with their Department Director. The
Department Director, along with the Mayor, must first approve any job sharing
arrangements. The City reserves the right to approve or deny any request for a job
sharing arrangement as it deems appropriate in its sole discretion. No employee is
"entitled" to participate in a job sharing arrangement.
Each employee who receives approval to participate in the job sharing
arrangement will be advised as to the conditions of the job sharing arrangement, to
include work hours, compensation rates, and any applicable benefits.
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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; otber
deductions may be specifically autborized by the employee. The City will withhold from
the employee's paycheck those deductions required by law and any voluntary deductions
autborized by tbe 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 tbe
employee fails to pay on a timely basis, including any payments due prior to, or coming
due after, issuance oftbe employee's final paycheck.
5.8 ELIGIBILITY FOR OVERTIME
For tbe purpose of paying any applicable overtime compensation, all City
positions are designated as eitber "exempt" or "non-exempt" under state and federal wage
and hour laws from overtime compensation. This determination shall be made by tbe
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 witb questions as to
whetber 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 witb
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 oftbeir 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 tbe 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 tbe like unless otberwise
notified by tbeir supervisor. The City shall compensate non-exempt employees for all
hours worked.
All overtime hours worked must be approved by tbe employee's supervisor in
advance. Any employee who works overtime witbout 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 tbe
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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CHAPTER6.
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 I,
20 I 0 are either eligible for Educational Incentive Pay or Tuition Reimbursement.
Employees hired after August I, 2010 are only eligible for Tuition Reimbursement.
6.4.2 Educational Incentive Pay
Education Incentive Pay is eligible to only employees hired before August I, 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 I% 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
I. 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, mJunes, 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 perfonning 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 tenns and conditions of health insurance benefits for the City's unionized
employees are governed by the applicable collective bargaining agreement.
Temporary employees are not nonnally 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 detennined appropriate by the City in its discretion). For regular part-time
employees hired prior to December 9, 1996, the City currently pays I 00% of the medical
insurance premium, less applicable an employee contribution detennined 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
detennined 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 fmancial 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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CHAPTERS.
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 (II) 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 (I) 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 (I 0) 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:
I. 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;
H. The donating employee must retain a total of 80 hours, or more, of total
accrued vacation leave, after the transfer of shared leave;
I. The transfer of leave from a donating employee shall not exceed the
amount specified by that employee;
J. All donations of shared leave shall be entirely voluntary;
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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.
0. 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 defmed 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 defmed 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 MILITARYLEAVE
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 I st 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
President's Day
Memorial Day
July 4th
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
December 25th
Any holiday falling on Saturday may be celebrated on the preceding Friday. Any
holiday falling on Sunday may be celebrated on the following Monday. The City
reserves 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 I ,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/her job.
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.
I. 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) fmancial 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: (I) 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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CHAPTER9.
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):
I. 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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TIIE 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
supervtsor.
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 frrst 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.
I. 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.
I. 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 Seattleffacoma 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:
I. 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 Tern, and this memo must be included
with the reimbursement request. This memo must identify the following:
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.
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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CHAPTERlO.
EMPLOYEE RESPONSffiiLITIES 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;
0. 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 raffied 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.
I 0.9 SEAT BELT AND DRIVER/EQUIPMENT OPERA TOR 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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I 0.10 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 (I) 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 Departroent 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 a job-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 Uoon 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.
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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 horne 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.
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CHAPTER H.
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
I. "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.
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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.
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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:
I. 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 recetvmg 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
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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:
1. 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 m
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
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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, W A 98366
(360) 337-7174
State of Washington
Fair Practices Division
I 019 Pacific Avenue
Tacoma, W A 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 I 0
Port Orchard, W A 98366-4678
(360) 337-7128
Washington State Department of Ecology
3190 !60th Southeast
Bellevue, W A 98008-5852
(206) 649-7000
Washington State Human Rights Commission
711 South Capitol Way, Suite 402
Olympia, W A 98504-2490
(360) 753-6770
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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 WayS.
Seattle, W A 98134-1193
(206) 464-6094
Seattle Field Office of the Equal Employment Opportunity Commission
909 I st Avenue, Suite 400
Seattle, WA 98104-1061
(800) 669-4000
Washington State Department of Retirement Systems
P.O. Box 48380
Olympia, W A 98504-8380
(800) 547-6657
Washington Department of Natural Resources
P.O. Box 47000
1111 Washington St. SE
Olympia, WA 98504-7000
(360) 902-1000
Puget Sound Air Pollution Control Agency
110 Suite 500
Seattle, WA 98101
(800) 522-3565
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CHAPTER12.
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 II 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.
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CHAPTER13.
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.
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ACKNOWLEDGMENT OF RECEIPT OF THE CITY OF PORT ORCHARD'S
PERSONNEL POLICIES MANUAL
I acknowledge I have received a printed 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 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: (I) 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.
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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.
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