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RES 86-16 PERSONNEL MANUAL0045.15007 WSS:jt 07/07/86 RESOLUTION NO. 86-16 A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, ADOPTING A HEVISED PERSONNEL MANUAL FOR THE CITY OF WINSLOW AND REPEALING RESOLUTION 75-6, AND OTHER CONFLICTING OR REDUNDANT PROVISIONS. WHEREAS, the Mayor in her personnel administration of the City's employees provides detailed information to the employees through an Employee Manual, and WHEREAS, the Manual requires update and revision in order that it may comply with revised state and federal law and in order that it may present current information regarding the benefits and oblications of its employees, and WHEREAS, the Affirmative Action Policy adopted by Resolution 75-6 is now redundant due to the protections and procedures contained in the new manual, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, }{EREBY RESOLVES AS FOLLOWS: Section 1. Effective ~~~/ , 1986, a new Personnel Manual attached hereto as Exhibit A and incorporated by this reference as herein set forth is adopted for use in the City of Winslow's personnel administration. Section 2. Any prior resolution adopting any.prior draft of a personnel manual, or a revision thereof, is hereby repealed. Resolution 75-6 adopting an Affirmative Action Policy is hereby repealed. ATTEST/AUTHENTICATED: APPROVED: MAYOR , ALICE T~ s I N D E X TITLE PAGE ARTICLE 1: INTRODUCTION SECTIUN 1 PURPOSE 1 SECTION 2 SCOPE 1 SECTION 3 ADOPTION & REVISIONS 2 SECTION 4 PERSONNEL POLICY RESPONSIBILITIES 2 ARTICLE II: HIRING SECTION 1 EQUAL OPPORTUNITY POLICY 2 SECTION 2 HIRING RESPONSIBILITIES 3 SECTION 3 CREATION OF NEW JOB TITLES OR POSITIONS 3 SECTION 4 JOB DESCRIPTIONS 3 SECTION 5 HIRING PROCEDURES 4 SECTION 6 TEMPORARY EMPLOYMENT 5 SECTION 7 APPEALS 6 SECTION 8 RECORD KEEPING 6 ARTICLE III: ON THE JOB SECTION 1 PROBATION 6 SECTION 2 NON-CIVIL SERVICE EMPLOYEES 6 SECTION 3 RE-EMPLOYMENT 7 SECTION 4 PROMOTIONS 7 SECTION 5 EMPLOYEE RECORDS 8 SECTION 6 PEDDLING OR SOLICITING ~ SECTION 7 POLITICAL ACTIVITY 9 SECTION 8 UNIFORMS, EQUIPMENT & SUPPLIES 9 SECTION 9 CONDUCT 10 SECTION 10 DISCIPLINE 10 SECTION 11 OUTSIDE EMPLOYMENT 15 SECTION 12 CONFLICT OF INTEREST 16 SECTION 13 USE OF CITY TELEPHONE 16 SECTION 14 CONTACT WITH THE NEWS MEDIA 16 SECTION 15 USE OF PERSONAL PROPERTY WHILE ON THE JOB 17 SECTION 16 SAFETY 17 SECTION 17 ACCIDENTS 17 SECTION 18 SUPERVISORY RESPONSIBILITIES OE DEPT. HEADS 17 SECTION 19 PERFORMANCE EVALUATION 18 SECTION 20 GRIEVANCE PROCEDURE 19 SECTION 21 GRIEVANCE FORM 21 SECTION 22 SEXUAL HARASSMENT 22 ARTICLE IV: COMPENSATION & BENEFITS SECTION 1 WORKING HOURS 24 SECTION 2 WORK WEEK 24 SECTION 3 EFFECT OF LEAVE ON WORK WEEK 24 SECTION 4 ATTENDANCE `~' - i - TITLE SECTION 5 ADJUSTED SCHEDULE SECTION 6 OVERTIMES SECTION 7 RECORD OF VACATION & COMPENSATORY TIME SECTION 8 SALARIES SECTION 9 WORK - RELATED EXPENSES SECTION 10 LONGEVITY BONUS SECTION 11 EMPLOYEE BENEFITS SECTION 12 ELIGIBILITY SECTION 13 ANNUAL LEAVE SECTION 14 SICK LEAVE SECTION 15 BEREAVEMENT LEAVE SECTION 16 MILITARY LEAVE SECTION 17 CIVIL LEAVE SECTION 18 LEAVE WITHOUT PAY SECTION 19 HOLIDAYS SECTION 20 ADMINISTRATIVE LEAVE ARTICLE V: SEPARATION FROM EMPLOYMENT SECTION 1 A. RETIREMENT B. .RESIGNATION--Non Civil Service C. RESIGNATION --Civil Service D. DISCHARGE E. DISABILITY F . DEATIi G. LAYOFF SECTION 2 APPEALS SECTION 3 COMPENSATION UPON TERMINATION ARTICLE VI: DEFINITIONS PAGE 25 25 26 26 27 27 27 28 29 30 31 31 32 32 32 33 34 34 34 34 35 35 35 35 36 36 - ii - ARTICLE I: INTRODUCTION SECTION 1. PURPOSE The objective of these rules, regulations and policies is to facilitate efficient service to the public and to provide a personnel management system within the City that deals with all employees of the various departments in an equitable and uniform manner. It is the intent of these rules to recognize that the City shall employ the most suitable qualified persons available. The tenure of every employee shall depend upon the need for work performed, availability of funds, effective performance and good conduct. Each employee shall be expected to perform at his/her optimum level to provide competent, efficient, courteous service to the public. The concept of equal opportunity employment is a necessary element of hiring, evaluation, removal from a job. No personnel action shall be influenced because of race, religion, sex, creed, national origin, age, marital status or disability, unless based on a bona fide occupational qualification. All policies are designed to provide equal opportunity for employment for all. Each employee will be given a copy of the manual to use duriny the time of employment with the City of Winslow. This personnel manual. shall serve as an informational tool and shall not be construed or deemed to be a contract of any kind with the city employees. The city reserves the right to revise this manual and to terminate or discipline employees when the city, in its sole discretion determines it is in its .best interests. This personnel manual is for the information of city employees regard- ing the current policies of the city and the general considera- tions that may be employed in reaching any personnel decisions. No vested right shall. be created by this manual and the City reserves the right to amend its provisions at any time, with or without prior notice to its employees. SECTION 2. SCOPE This manual is meant to apply to all employees on the payroll of the City of Winslow including department heads and all other employees.. Specific items which apply only to specific groups of employees are noted in each section. This manual applies to all civil service employees unless specifically covered by the Civil Service Ordinance an the Civil Service Rules, as now or hereafter amended, in which case the specific section of that or~~inance shall control. _ i _ Each department may also develop standard operating procedures which will not appear in this manual. Department heads have the responsibility of informing employees of such procedures and of seeing that they are carried out uniformly and fairly. Any department standard operating procedures must be consistent with the policies in this manual. SECTION 3. ADOPTION AND REVISIONS A. This policy will be adopted by the City Council by resolu- tion. Once adopted, the policies contained in this personnel manual will be the official personnel policies of the City of Winslow. B. Department heads, employees through department heads, or elected officials may recommend revisions to the manual. Proposed revisions should be submitted in writing to the Mayor and the Personnel Committee of the City Council who will then review the revision and will submit a recommenda- tion on the proposed revision to the City Council. Adoption of the revision by the Council requires the passage of a resolution. Revisions may be so implemented at any time and will be applicable to all City employees. SECTION 4. PERSONNEL POLICY RESPONSIBILITIES A. City Council: 1) 2) 3) 4) 5) Approves the personnel policy Approves the budget for salaries Approves new positions Confirms those appointments required by Ordinance Assists in developing personnel policies B. Mayor: 1) Chief personnel officer 2) Directs department heads 3) Recommends appointees for council confirmation as provided for by this manual or by ordinance 4) Oversees the administration of personnel policy including the appointment and removal of all employees C. Employees: Car ry out City policies under direction of May or or department head ARTICLE II: HIRING SECTION 1. EQUAL OPPORTUNITY POLICY Recruiting and hiring policies and procedures will be conducted solely on the basis of ability and fitness for the job and will be in accordance with the following Equal Opportunity Policy of the. City:. - 2 - The City of Winslow will not discriminate with respect to race, religion, sex, creed, national origin, age, marital status or <9isability unless based on a bona fide occupational qualification. This policy applies to all relations with applicants for employment and all employees, including compensation, promotion, transfer, in-service training, termination and privileges and conditions of employment. SECTION 2. HIRING RESPONSIBILITIES A. Appointive positions (Clerk-Treasurer, Chief of Police, Public Works Supervisor, Municipal Judge, Judge Pro Tem, City Engineer, Land Use Administrator, City Attorney, Hearing Examiner.) The Mayor or his or her designee is responsible for recruit- ing, interviewing and appointment. Council -- confirmation of appointment by majority of a quorum the membership B. All other positions: Non civil service position-Department head -- recruiting, interviewing and hiring (.with concurrence of the Mayor) Civil Service positions -- responsibilities are set forth in Civil Service Rules and Regulations. See Appendix A. SECTION 3. CREATION OF NEW JOB TITLES OR POSITIONS A. Funding for new positions or unfilled positions must be approved by the City Council as part of an annual budget or on an individual basis by ordinance amending the budget. B. Job descriptions for new positions must be approved by the Mayor. SECTION 4. JOB DESCRIPTIONS A. A job description will be prepared for each job title.. The job description will include the following items: 1. job title and employment status (i.e., full time, part time, Civil Service, etc.); 2. minimum qualifications for individuals employed in the job title; - 3 - 3. special requirements as a condition of employment (i.e., medical examination, bonding, licenses or certifica- tions) if related to job tasks or responsibilities; 4. a general description of required tasks; 5. responsibilities of the position; 6. title of supervisor and subordinates; and 7. number of hours/week, schedule, overtime requirements, if any. B. A job description will be prepared for each new job title. Job descriptions for existing job titles will be reviewed when an opening for the position occurs. C. Job qualifications and special requirements must be related. to job responsibilities and tasks. SECTION 5. HIRING PROCEDURES A. Non Civil Service 1. A job description will be prepared or updated if necessary. 2. Notice of any job opening and job description will be posted for at least one week on .the main bulletin board in the lobby of City Hall so that City employees will be aware of the opening. Any City employee may apply for the opening and will be considered for appointment on an equal basis with other applicants. Past job performance should be a major consideration for evaluation. The job opening will be advertised in the Bainbridge Review for at least one week and other publications if appropriate. Employment advertisements will contain the words (or abbreviation) "an Equal Opportunity Employer". 3. Application will be made on the standard City applica- tion form. All applications must be fully completed, signed and dated by the applicant. No questions on any application form shall be so framed as to attempt to elicit information in conflict with equal opportunity employment. All statements submitted on the employment application or attached resume shall be subject to investigation and verification prior to appointment. Application for employment will be accepted at any time. These applications will be placed in the employment file and kept for one year. An attempt to contact the appli- - 4 - cant will be made at such time as an opening consistent with the applicant's qualifications becomes available. Such applicant will be subject to all regular hiring procedures and policies. 4. The Mayor through her/his designees, will give such tests and/or interviews as are appropriate for the type of job. Tests and interview questions will be designed to measure skills described in the job description. No question shall be so framed as to attempt to elicit information in conflict with equal opportunity employ- ment. 5. Appointment shall be made solely on the basis of merit and fitness for the job. These qualities shall be determined on the basis of the applicant's level of education or experience indicated in the application or in the interview; fitness relative to the requirements of the job, ability to deal with the public and work with other City employees; and the result of the oral or written examination and the interview. 6. Notice of the results of the hiring process will be forwarded to all applicants for the job. B. Civil Service Employees See appropriate section of Civil Service Rules -- Appendix ?1. SECTION 6. TEMPORARY EMPLOYMENT A. Non Civil Service Appointments to City employment on other than an .emergency or regula r basis shall be considered temporary. Temporary appointment must be approved by the Mayor and may be allowed: 1. as a substitution for a regular employee who is absent from his/her position; 2. when it is .impossible to make a regular appointment due to recruitment difficulties; or 3. where budget appropriation provides only for a temporary employee. - 5 - B. Civil Service See appropriate section of Civil Service Rules -- Appendix A. SECTION 7. APPEALS A. Non Civil Service An appeal may be made pursuant to the grievance procedure contained in this Personnel Manual. Additionally, non-civil service appeals may be made to the Washington State Human Rights Commission or the Department of Labor, Equal Opportu- nity Commission, Provided that all employees shall file complaints or grievance with the City prior to pursuing any outside remedies. B. Civil Service See appropriate section of Civil Service Rules -- Appendix A. SECTION 8. RECORD BEEPING A file will be established for each job opening. Copies of all applications, interview questions, interview ratings and other correspondence will be kept on file for one year. ARTICLE III: ON THE JOB SECTION 1. PROBATION Probation is considered a working test employee is required to demonstrate the perform the duties of the position to appointed. SECTION 2. NON CIVIL SERVICE EMPLOYEES period during which an ability and capacity to which he/she has been A. .Length of Period. Each new employee or newly promoted.. employee will serve a probationary period for a maximum of 12 months. At the discretion of the department head, the proba- tionary period may be terminated or extended prior to this period, but in no case will the probationary period be less than 3 months. All employees shall be certified in writing to permanent employment and no probationary period shall be deemed complete until such certification has taken place. The Mayor may at her/his discretion provide for a retroactive effective date where certification is delayed due to no fault of the employee. - b - B. Termination of a Probationary Employee. The department head may terminate a probationary employee at his/her discretion during the probationary period without the need to specify cause. Written notice of termination will be given the probationer and a copy placed in the employee's file provided that nothing herein shall be interpreted to require the specification of cause for such termination. The department head should notify the Mayor prior to termination of the employee. C. Termination After Promotion. An employee promoted to a higher position who is terminated during the probationary period from the position to which he was promoted may be restored to the position from which he was promoted if there is a vacancy in the position from which promoted and in the sole discretion of the Mayor such move is in the best interest of the City. D. Benefits for Probationary Employees. All City benefits shall be applicable during the probationary period except that annual leave accrued may .not be taken until the end of the probationary period. SECTION 3. RE-EMPLOYMENT Employees who are terminated from City employment for any reason other than temporary layoff and later rehired shall be considered for all purposes as new employees, except for retirement benefits as governed by the rules of the appropriate retirement system. Employees who are temporarily laid off and rehired within 1 year will retain the following benefits: 1. Accrued sick leave; 2. Credit for previous years work to count in calculation of longevity .and vacation benefits; and 3. Retirement benefits as governed by the rule s of the appropriate retirement system. SECTION 4. PROMOTIONS A. Non Civil Service Vacancies in positions shall be filled by the candidate best qualified for the job. Advertisement of job vacancies will be posted on the official bulletin board in City Hall lobby. City employees are encouraged to apply for. the job opening. Previous job performance will be a major consideration in promotion to a higher position. If a City employee is selected for the job, the salary offered will be that which is available to any applicant - 7 - dependent upon the qualifications of the hiree. Salary shall be determined by the Mayor within the maximum established by ordinance. The Mayor may delegate this responsibility to department heads. The new salary will begin as of the day the City employee promoted begins his or her new duties. B. Civil Service See appropriate section of Civil Service Rules -- Appendix A. SECTION 5. EMPLOYEE RECORDS A. A personnel file shall be prepared and maintained for each employee by the clerk/treasurer or designee. This file shall contain all employment information, including at least the following information: 1. Job description; 2. Salary; 3. Changes in employment status; 4. Performance evaluations; 5. Personnel actions affecting the employee; and 6. Disciplinary letters or letters of commendation. B. A personnel file shall be kept confidential to the extent permitted by state law. No information shall be released which would violate an employee's right to privacy without the prior written consent of the employee. C. Leave, work hours and overti-ne records shall be kept for each employee by the payroll clerk. D. An employee may see his/her personnel file and work and leave records by presenting a written request to the department head. A time will then be set for review which will not interfere with City business or the employee's assigned work. E. Personnel records will not leave the area assigned for their review. F. Employees shall have the right to supplement their personnel file with written comments with regard to evaluations or other matters of record with which they disagree. - 8 - SECTION 6. PEDDLING OR SOLICITING Employees may not peddle or solicit for sale or donation of any kind or display or offer for signature any petition to any citizen on any City premises during regular working hours. SECTION 7. POLITICAL ACTIVITY A. The rules governing political activities of employees shall follow the provisions of RCW 41.06.250. B. While on the job, solicitation for or payment to any parti- san, political organization or for any partisan, political purpose of any compulsory assessment or involuntary contribu- tion is prohibited: PROVIDED, however, that officers of employee associations shall not be prohibited from soliciting dues or contributions from members of their associations. No person, elected official, or employee thereof shall solicit on city property any contribution to be used for partisan political purposes. C. Employees shall have the right to vote and to express their opinions on all political subjects and candidates and to hold any political party office or participate "in the management of a partisan, political campaign while not on the job. Nothing in this section shall prohibit an employee from participating fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues of a similar character, and for nonpartisan offices. D. For persons employed by the city in positions which are financed primarily by federal grant-in-aid funds, political activity will be regulated by the rules and regulations of the United States Civil Service Commission. E. A City employee shall not hold an elected public office of the City of Winslow. SECTION 8. UNIFORMS, EQUIPMENT AND SUPPLIES City employees frequently work with valuable equipment, machinery,. tools or uniforms. Such items are to be used for City work only and at no time should leave the assigned work or storage area or be used for purposes other than City work. Employees are responsible for preventing loss or theft of such items whenever possibly and for working in a manner so as to prevent damage whenever possible. Employees shall immediately report damage, loss or theft of any such items to their department head. Equip- ment, tools or uniforms assigned to an employee must he returne~_~1 to the City upon termination. - ~ - SECTION 9. CONDUCT The City shall at all times attempt to operate in an efficient, economical and orderly manner consistent with good management practices. Employees shall at all times conduct themselves in a manner consistent with established procedures and which will further the operation of City activities. Employees shall at all times repre- sent the City to the public in a courteous, efficient and helpful manner. SECTION 10. DISCIPLINE A. Non Civil Service Employees 1. Purpose: The purpose of disciplinary action is to main- tain the efficiency of the City's day to day operations. A disciplinary action should serve as notice to the employee that unacceptable conduct or job performance has been noted and that such action is unacceptable. A disciplinary action also serves as a disincentive for the employee to repeat the noted action. 2. Powers of the Mayor:. The power to hire and fire employees is vested by state law in the Mayor. Employees who are at-will employees under City ordinance may be dismissed at any time with or without cause. The termination of civil service employees shall be in accordance with state law, city ordinance and Civil Service Rules and Regulations. Subject to collective bargaining agreement, the discipline and termination of all other employees shall be undertaken in accordance with the following provisions provided that the Mayor, through her/his designees, reserves the right to deviate from these provisions when in her/his discretion the best interests of the City require prompt or summary action. 3. Causes for Disciplinary Action: Actions which are contrary to the efficient, economical and orderly opera- tion of the City of Winslow and contrary to standards reasonably expected by an employer of an employee may be cause for disciplinary action. Some. specific actions which may be the cause of a disciplinary action are listed below. These actions are only examples of such causes and are not intended to be exhaustive. a. Use or possession of intoxicating beverages or illegal drugs on tine job or .arrival on the job while under the influence of such beverages and/or drugs; - 1~ - b. Insubordination to department head or superiors; c. Absence without first notifying and securing the department head's permission; d. Excessive absence or tardiness; e. Commission of a felony or misdemeanor involving moral turpitude; f. Using religious, political or fraternal influence in a manner that interferes with the business of the City; g. Accepting fees, gifts or other valuable items from the public as reward for performance of official duties; h. Unauthorized use of City funds or equipment; i. Use of City authority for unauthorized purposes; j. Falsification of leave or work records; k. Violation of any city policy departmental regula- tion or administrative directive; 1. Actions not in the best interest of the City; or m. Unethical or dishonest actions, includin~~ the dissemination of false information or reports concerning another city employee, appointee or council member. 4. Department Heads' Responsibility: It is the Department Head's responsibility to evaluate behavior, communicate adequately with employees regarding their behavior and finally administer discipline if necessary. The form and severity of discipline is to be determined by Department Heads. It should be based on an objective evaluation of the circumstances and facts. 5. Types of Disciplinary Action: a. Verbal Warning will be given for minor infractions, first incidents, moderate infractions. The Department Head will: i. discuss the cause for the oral warning .with the employee in private; 1 i ii. outline proper behavior for future reference; and iii. place a memo in the employee's file notin~~ the cause for the disciplinary action and the date it was administered. b. Written Warning will be given for moderate infrac- tion, repeated instances of an action, action repeated following oral warning. The Department Head will: i. discuss the cause for the written warning with the employee; ii. provide the employee with a copy of the written warning; iii. outline proper behavior .for future reference; and iv. place a copy of the written warning in the employee's file noting the date it was administered. c. Sus ension: The most severe form of discipline short of termination, for severe infractions or actions repeated following written warning. Suspension may be with or without pay. The Department Head will: i. Thoroughly review the employee's action and previous disciplinary actions (if any). Make a determination that suspension is appro- priate. ii. If the suspension is with pay, notify the employee verbally of the suspension to begin immediately. If the suspension is without pay, conduct a disciplinary hearing as outlined in Section C. iii. Notify the Mayor of .the suspension. iv. Prepare a memo which: (a) details the reasons for the suspension citing as many specific dates and actions as possible; (b) sets forth the duration and conditions of the suspension; and (c) discusses consequences of future infractions. - 12 - v. Place a copy of the memo in the employee's personnel file noting the date the action was discussed with the employee and supply the employee with a copy. d. Demotions: When an employee is unable to perform certain tasks or responsibilities of the job but could function effectively in a position with less difficult tasks or less responsibility and an opening exists in such a position or a new position is created. The Department Head will: i. Thoroughly review the employee's inability to perform specific tasks or responsibilities. Make a determination that demotion is appro- . priate. ii. Discuss the demotion with the Mayor. iii. Prepare a memo (a) detailing reasons for the. demotion citing specific incidents as possible; (b) setting forth the duration and conditions of the demotion; (c) discussing consequences of future infractions. iv. Discuss the demotion and the memo thoroughly with the employee making sure .the employee is fully aware of the reason for the demotion. If the demotion involves a reduction in pay and/or benefits, conduct a disciplinary hearing as outlined in Section C. v. Place the memo in the employee's file and supply the employee with a copy. e. Discharge will occur for the most severe infrac- tions or in cases where continued employment would be a serious detriment to the City. A discharge may be preceded by less severe disciplinary actions but may be administered without any prior discipli- nary action when circumstances warrant such action. Discharge may be immediate. The Department Head will: i. Discuss the recommendation for discharge with the Mayor so that all. facts and circumstances have been reviewed and thare is adequate justification and documentation for thz discharge. - 13 - ii. If the supervisor's opinion is that immediate discharge is necessary the employee should be suspended until the recommendation is reviewed by the Mayor and the required memo is prepared. Suspensions shall follow procedures set forth above. iii. Discuss the discharge with the employee citing as any reasons and dates as is possible, and setting an effective date for the discharge. iv. Prepare a memo detailing the reasons for the discharge citing as many specific dates and actions as possible and setting an effective date of the discharge. v. Provide a copy of the memo to the employee. vi. Conduct a pretermination hearing as outlined in Section C. vii. If the discharge is immediate, check out tools or employee work station and make arrangements for handling final pay. viii. Place a copy of the memo in the employee's file noting the date the action was discussed with the employee. ix. Final pay shall be paid as provided in the Discharge section below. f. Appeals of Disciplinary Actions An employee may appeal disciplinary actions through the City of Winslow grievance procedure. B. Civil Service See appropriate section of Civil Service Rules -- Appendix A. C. Pretermination and Disciplinary Hearings A pretermination or disciplinary hearing shall ba conducted in the following manner before an employee is terminated for cause or before a disciplinary action is taken which results in a decrease or loss of pay and/or benefits: 1. Hearing. a. The Department Head shall meet with the employee and conduct the pretermination hearing. - 14 - b. The employee shall be informed of all reasons for the proposed action. c. The City shall not be required to present any evidence at the hearing, such as testimony of witnesses or production of physical objects. d. Only the terminated or disciplined employee shall be permitted to respond to the charges by explain- ing his or her side of the story, unless the City agrees to hear testimony from other individuals at the employee's request. An oath shall be admi- nistered to the employee and any other individual who testifies on the employees' behalf prior to their testimony. Cross-examination or confronta- tion of adverse witnesses is not required. 2. Decision. A decision to affirm, modify or reverse the termination or disciplinary decision shall. be made within thirty days of the hearing. ~Iritten notice of the decision shall be supplied to the employee. 3. Suspension of Em loyee Prior to Hearing. If the Mayor perceives a significant hazard or detriment to the best interests of the City in keeping the employee on the job until the pretermination hearing occurs, the employee shall be suspended with pay until a decision is rendered following the hearing. SECTION 11. OUTSIDE EMPLOYMENT Outside employment must meet the following criteria: A. The job creates no appearance of impropriety and creates no conflict of interest. R. The job is not a job which requires the employee to do work during regular working hours. C. The job does not compete with any other City function, including "on call" responsibilities. D. The job does not render the .employee unable or less able to perform his City job efficiently. E. The employee is not working for individuals whose. work he/she inspects for compliance. F. The employee- does not use City property, equipment, tools, and the like in the outside employment. G. A written statement is furnished in which the employee and the outside employer agree to hold the City of Winslow harm- - 15 - less against any and all claims for injury to the employee, his/her outside employer and any third parties and/or for property damage resulting from or in consequence of the outside job. H. The employee does not claim any vacation credit, holiday or overtime pay from the City as a consequence of the outside employment. I. The employee provides prior written notice and obtains prior approval from the department head in advance of doing each job. The notice shall specify: (a) the nature of the job; (b) the employer; (c) hours of work expected. SECTION 12. CONFLICT. OF INTEREST AND NEPOTISM Employees should be free of conflicts of interest where perfor- mance of their assigned duties could directly benefit themselves or their families. An employee should discuss any potential conflict of interest with his/her department head. Department heads may reassign the employee, make agreements necessary to avoid conflict, find that no conflict exists or take other appropriate action. Where due to marriage or other events, two or more employees become related and due to supervisory assignments an appearance of favoritism may be created, the Mayor, in her/his sole discretion, may reassign or terminate one or more of the employees to correct such an appearance. The affected Department Head shall make recommendations to the Mayor regarding reassignment or termination. SECTION 13. USE OF CITY TELEPHONE Personal calls should not interfere with performance of assigned work. Employees shall not place long distance telephone calls to be charged to the City for personal business. SECTION 14. CONTACT WITH NEWS MEDIA Department heads will be responsible for all contacts with the news media whether initiated by the City or the media. Department heads may delegate this responsibility to staff members. Any information given to the media shall be factual, correct and within the realm of the business of the department under direction of the department head. Speculation and information exempt fr~~m public records requirements should be avoided. No information. about employees or elected. officials' personal lives or exempt personnel information should be divulged at any time. - 16 - SECTION 15. USE OF PERSONAL PROPERTY WHILE ON THE JOB Use of an employees personal property while on the job will be entirely at the employee's own risk. This City will not reimburse or compensate employees for lost, stolen, or damaged property. SECTION 16. SAFETY At all times the department heads shall at all times require employees to work in a safe manner and in a safe environment as provided by state and federal law. They shall require that employees are well acquainted with safety rules and shall make certain that such rules are uniformly applied. Employees shall report any unsafe working practice or environment to their super- visors as soon as such unsafe condition. is identified. The department head will determine what procedures, if any, are required to render the condition safe. SECTION 17 WORKER'S COMPENSATION All non-LEOFF employees of the City will be covered by and subject to the provisions of state worker's compensation. Any employee receiving sick leave with pay who is eligible for time-loss payments under worker's compensation shall for the duration of such payments receive only that portion of the employee's regular salary which together with said payments, will equal the employee's regular salary. Full time LEOFF employees are provided such coverage under LEOFF system as defined by RCW 41.26. SECTION 18. SUPERVISORY RESPONSIBILITIES OF DEPARTMENT HEADS A. Responsibilities. Department heads are responsible for all activities of their departments and employees. Department heads are accountable to the Mayor. Duties may be delegated but the overall accountability is retained by the department heads. Specific duties of such department head are outlined in the job description. The following are general supervisory responsi- bilities for all department. heads: 1. Providing direct supervision or delegating direct supervision to another employee; 2. Training; 3. Discipline; - 17 - 4. Performance evaluation; 5. Promotion; 6. Safety; 7. Coordination of leave; 8. Establishing work assignments, shifts; and 9. Adjusting schedules or requesting approval for overtime. B. Training Department heads will encourage training opportunities for employees. Department heads will develop training programs within the department to meet department and city needs and to prepare employees for promotion to positions of greater responsibility. Training seminars, classes, workshops or other off premises opportunities are often available to City employees. The budget will include funds for such training opportunities, if funds are available. Employees should apply to department heads who will grant or refuse permission based on the subject covered, cost and budgeted expenditures. Department heads should utilize funds for the most worthwhile programs for the most people. SECTION 19. PERFORMANCE EVALUATION A. Employee evaluations when used on a regular and continuing schedule create open communication between the. employee and the department head regarding the. job. and the work assigned, the employees' performance and means of improving .employee productivity. Zt also provides information to the employee regarding standards of measurement, promotion and salary opportunity. R. The City shall .attempt to provide a written evaluation for each employee by the department head mid-way in the probation period, then again at the end of probation. After probation evaluation should be annual at minimum. Evaluation may be requested by the employee more frequently and the department head may schedule additional evaluations for corrective purposes as needed. C. Department heads should comply with the following procedure: 1. Notify the employee 24 hours prior to performance review and supply the employee with a copy. of the previous evaluation. - 18 - 2. Complete the department evaluation form. Forms may be chosen by the department head, but must have the date of the evaluation, space for written comments by the department head and the employee, and signature lines. 3. Review the evaluation form with the employee in a loca- tion free from interruptions and away from other employees. 4. Allow the employee ample time to discuss the written form and the oral review. 5. Request that the employee sign the form. By signing an evaluation form an employee is not agreeing with the evaluation, merely acknowledging that a performance review was completed. Employees who disagree with their performance evaluation may state objections in writing on the evaluation form or a separate sheet of paper which will be attached to the form. 6. The evaluation form and any attachments will be placed in the employee's personnel file. 7. Appeals of performance evaluations may be made through the grievance process. SECTION 20. GRIEVANCE PROCEDURE A. Non Civil Service A grievance shall be defined as a complaint against the interpretation or application of this personnel policy, salary ordinance, approved benefits, department policy manual, or job description. Any alleged grievance shall be taken up by the employee with his/her department head within five working days of the occurrence. The employee and the supervisor will make every effort to settle the grievance at this stage promptly.. If no settlement satisfactory to the employee is reached, the employee must initiate the following procedure no later than ten working days from the date of the occurrence of the alleged grievance. 1. Grievant a. The grievant shall complete a Grievance Form and describe the condition or procedure about which the grievance is made, the conditions causing the problem, and the relief sought. b. The grievant shall immediately give the form to his/her Department Head. - 19 - 2. Department Head -- The Department Head will review the problem, complete the form and forward it to the Mayor within five (5) working days. 3. Mayor -- The Mayor shall: a. Consider the grievance form as submitted; b. Meet with the grievant and the Department Head; c. Consult with such persons who might be helpful in resolving the issue, if deemed necessary; d. Review all pertinent job descriptions, personnel policies, resolutions, ordinances, evaluations, as necessary; e. Arrive at a decision and present the decision in writing to the grievant and the Department Head within one work week; and f. Have the grievance form signed by both grievant and Department Head. 4. The completed grievance form shall become CONFIDENTIAL and shall be subject to the rules of confidentiality applicable to employee records. B. Civil Service See appropriate. section of the Civil Service Rules - Appendix A. - 20 - CITY OF WINSLOW GRIEVANCE FORM GRIEVANT DEPARTMENT /JOB TITLE ADDRESS. /PHONE 1. DESCRIPTION OF GRIEVANCE: Describe the problem or procedure about which the grievance is made and the relief sought. Attach additional pages if necessary. Return this form to your Department Head. 2. DEPARTMENT HEAD COMMENTS:. Describe problem. and recommend action to solve it. Return to the Mayor within five (5) working days. Attach additional pages if necessary. Date received by Department Head Date Department Head Signature Above Department Head Action is _/Acceptable _/Not Acceptable Date Grievant Signature - 21 - SECTION 22. POLICY ON_SEXUAL HARASSMENT A. Sexual Harassment Explained. Harassment on the basis of sex is a form of sex discrimination and is an unlawful employ- ment practice in violation of State and federal law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or 2. Submission to or rejection of such conduct by an indi- vidual is used as the basis for employment decisions affecting such individual; or, 3. Suc'n conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. B. Statement of Policy. It is the policy of the City that sexual harassment will not be tolerated. All employees are prohibited from engaging in the harassment ~~on the basis of sex of any other employee or other person in the course of, or in connection with employment. Retaliation against employees. who file complaints of sexual harassment is prohibited. C. Examples. The following is a list of behaviors which are inappropriate and/or constitute illegal sexual harassment, and which shall be in violation of City of Winslow personnel policies. This list is meant to portray examples only, and is not all-inclusive. - Negative or offensive comments, jokes or suggestions about another employee's gender; - Obscene or lewd sexual comments, jokes, or suggestions; - Slang, names or labels such as "honey", "sweetie", "boy", "girl", that others find offensive; - Talking about or calling attention to another's sexual characteristics in a negative or embarassing way; - Laughing at, and in the case of a supervisor, ignoring or not taking seriously an employee who experiences sexual harassment; - .Displaying on City property any pictures, carto~~ns, or calendars depicting nudity or sexual overtones; - 2 '' - - Persistent invitations for dates which do not stop when the response is negative; and - Uninvited and deliberate touching or "accidentally" brushing against a person's body. D. Procedure for Reporting Harassment 1. An employee subjected to any form of sexual harassment should report such activity to his/her supervisor, department head, or directly to the Mayor. 2. In any case in which the supervisor is witness to or aware of a situation of sexual harassment of any City employee, the supervisor shall immediately notify the offending party that such harassment is not appropriate and will not be tolerated. Ultimate disciplinary action will await completion of the reporting proce- dure. 3. A supervisor is required to promptly report sexual harassment cases to his/her department head, who, in turn is required to promptly report the matter to the Mayor. Such reports to superiors and the Mayor are to be made regardless of how knowledge ~of the case was acquired. 4. The department head shall with due diligence, investi- gate and submit to the Mayor a report settiny forth the facts of the case and a recommendation for action. E. Sexual Harassment by Non-City Employees. It is acknowledged that it is possible for sexual harassment of City employees to occur as the result of actions by non-City employees. It is the policy of the City to create a working environment free from such behavior. In the event any individual is aware of any sexual harassment of any City employee by a non-City employee, the reporting procedures set forth in paragraph four shall be followed. It shall be the depart- ment head's responsibility to take reasonable precautions necessary to ensure the sexual harassment does not reoccur. F. Disci linary Action. An employee who violates this policy shall be subject to disciplinary action which may include discharge. - 23 - ARTICLE IV: COMPENSATION AND BENEFITS SECTION 1. WORKING 80URS Those hours spent in direct service for the City. A. Included: Dealing with the public, working on City property, working in City facilities, working with City equipment, police officers' court appearances, responding to emergency calls (only the time spent on making the call), driving time for attending conferences or meetings in other cities. Employees who are not able, due to the nature of the work, to take intermittent rest periods equivalent to ten minutes for each four (4) hours worked shall be allowed a ten minute break each four (4) hours by their supervisor. B. Not Included: Time spent in City or personal vehicle driving to or from work daily. "Standing by" or "on call" time where the employee can follow his own pursuits, meal breaks (Each employee has at least 30 minute work breaks during each 8 hour work day at a time set by the department head.) C. FLSA: Working time shall be determined in accordance with the Fair Labor Standards Act (FLSA) for non-exempt employees. These provisions are for general descriptive purposes and do not create any additional benefit not contemplated by the FLSA. SECTION 2. WORK WEER A. The work week and work schedule are specified in the employee's job description or are .assigned by the employee's department head. B. The following work weeks may be assigned to full time employees other than public safety employees entitled to exemptions under the FLSA: 40 hours/week; C. Apart time employee's work week and work schedule are speci- fied in the employee's job description or are assigned by the department head. D. The work week begins just after midnight Saturday morning and ends at midnight the following Friday night.. SECTION 3. EFFECT OF LEAVE ON WORK WEER Any authorized leave shall be considered the same as hours worked in determining the number of hours worked in a week, provided that for the purposes of the Fair Labor Standards Act such leave shall not be used in determining FLSA overtime. '' 4 - SECTION 4. ATTENDANCE An employee must be in attendance on the job in accordance with the rules regarding the work day, holidays, and leave contained in this document. A. Absence from work: An employee will not be absent from work without prior approval from his/her supervisor. If prior arrangements cannot be made due to sudden onset of illness or other reasons, an employee, who for any reason cannot report for work, will notify his/her department head as early in the day as possible. The employee will notify his/her department head on a .daily basis unless other arrangements have been made. Any unauthorized absence of an employee from duty will be an absence without pay and may be cause for a disciplinary action. B. Inclement weather: Employees are expected to be at work even during inclement weather unless notified that City Hall is closed by their department heads or unless information of the closure has been broadcast on the radio. Department heads may allow employees to adjust schedules during inclement weather. SECTION 5. ADJUSTED SCHEDULE A. Exempt employees who must work more hours than their assigned work week will take compensatory time (Comp Time) off, equivalent to the number of hours .worked beyond their assigned work week. Such compensatory time hours accumulated will be combined with annual leave and will be included in the maximum number of hours that may be carried from one calendar year to the next. B. Non-exempt employees may not work more hours t'zan their assigned work week unless overtime is authorized by the Mayor. The department head will adjust the employee's schedule within the employee's assigned work week so as not to exceed 40 hours. C. If an employee is required to work on a day obser°~ed as a City holiday, the employee will accrue 8 hours of time for the holiday plus regular time for any hours worked during that day. A schedule adjustment may be required if the employee will accumulate more than the number of hours in the employee's work week unless overtime is authorized. SECTION 6. OVERTIME (HOURS WORKED IN EXCESS OF THE REGULAR WORK WEEK) A. When a department head foresees the need for. any non-axe-npt employee to work more than the assigned work week, prior - 25 - approval of the Mayor is required, except in an emergency situation when it is impossible to obtain prior approval. The Mayor (or Deputy Mayor in the Mayor's absence) has sole authority to approve overtime work for any employee. R. Non-exempt employees shall be paid 1.5 times the regular hourly rate for authorized overtime. Employees may choose compensatory time off in lieu of overtime pay. Such compen- satory time shall be accumulated at time and one half rate. The employee shall indicated the choice for compensatory time in writing on the time sheet on which the authorized overtime is recorded. C. Any compensatory time or other hours credited toward annual leave shall be considered "leave" once credited and will be subject to all regulations which apply to annual leave. SECTION 7. RECORD OF VACATION AND COMPENSATORY TIME The payroll clerk will maintain accrued annual leave and compensa- tory leave time records. These records will be distributed monthly to the Mayor, the Council Personnel Committee, and applicable sections to each department head. SECTION 8. SALARIES A. Maximum salaries shall be established by ordinance during the. budgeting process. B. A salary less than the maximum may be paid to wn employee upon the recommendation of the department head. This salary may be increased at any time during the year provided that the budgeted annual salary for that position is not exceeded. C. Adjustments to increase the budgeted annual salary shall not be made except by ordinance. D. Employees will be paid monthly 1/12th of their annual salary. Payday will be the last working day of the month. .Employees may request a draw equal to 1/24 of their annual salary to be paid on the 15th day of the month or the preceding workday iE the 15th falls on a weekend or holiday. E. Adjustments in pay (such as for overtime) will be made as necessary for each regular employee on an hourly rate by dividing the annual- salary by the total annual hours assigned. - 26 - SECTION 9. WORK-RELATED EXPENSES A. Travel Employees will be reimbursed mileage (when using personal automobiles) meals, ferry fare and other actual expenses when incurred in the connection with city business or activities, provided that such business or activities have been approved in advance. The rate/mile for use of personal automobiles is set by Council resolution and is subject to change. Employees may check with a department head for the current rate. Expenses shall be claimed on the approved Claims for Expenses Form (a copy of this form follows this section). Payment of such claims requires City council approval so claims for the preceding month should be submitted three working days prior to the 2nd Council meeting of the month. B. Expenses other than travel Expenses other than travel expenses, and emergencies where normal City purchase procedures cannot be followed, may not be claimed for reimbursement. All such purchases should be made through regular City purchase procedures. SECTION 10. LONGEVITY BONUS The City encourages the long term employment of its employees. Additional compensation for longevity is as follows: Total Years of Service 0-3 4-6 7-9 10-12 13-15 16-18 19-up Extra Pay/Month $ 0. 10. 20. 30. 40. 50. 60. SECTION 11. EMPLOYEE BENEFITS - SUMMARY A. Contributed by the City as required by law.: FICA (Social Security) LEOFF ( Law Officers only) Unemployment Compensation Medical Aid and Supplementary 1/2 premium required. Industrial Insurance (Workers Full premium required Pension (Workers Compensation Compensation) - 27 - B. Contributed by the City as benefit to Employees: PERS (Public Employees retirement for non-law enforcement employees) Private Retirement program for non-LEOFF eligible police officers Medical Aid and Supplementary Pension (Workers Compensation 1/2 premium contributed Health Care Plan (Washington Physicians Service) Employee and dependents Dental Care Plan (Washington Dental Service) Employee and dependents Vision Service Employee and dependents Holidays - 11 days per year Annual Leave - as specified below Sick Leave - 12 days per year Bereavement Leave Military Leave Civil Leave Longevity Bonus C. Allowed by the City as employee voluntary payroll deductions: Deferred Compensation Program Savings Program (Credit Union) D. In the event of conflict between these provisions and any policy or plan document, the later shall control. Copies of policies and plan documents are available upon request. SECTION 12. ELIGIBILITY A. FULL TIME EMPLOYEES: Shall receive all benefits approved by the City council. B. PART TIME EMPLOYEES: Shall receive only those benefits required. by state or federal law. C. TEMPORARY EMPLOYEES: Shall receive only those benefits required by state or federal law. D. PROBATIONARY EMPLOYEES: Must complete probationary period to be entitled to use annual leave benefits. However, once certified to regular employee status, this leave will accrue from date of hire. All other benefits approved by the City Council .apply. E. CIVIL SERVICE EMPLOYEES: Shall receive all benefits approved by the City Council; provided that where a benefit is speci- fically covered by the Civil Service Ordinance or Rules as now or hereafter amended, the specific section of that Ordinance shall control. - 23 - F. SUBSIDIZED EMPLOYEES: Shall be treated as all other employees except as specifically provided for by Federal or State regulations governing the funding program. SECTION 13. ANNUAL LEAVE A. Annual leave shall be earned at the following rates by full time employees: 0-4 years of service: 10 days/year (6.75 hrs/month) 5-9 years of service: 12 days/year (8 hrs/month) 10-14 years of service: 15 days/year (10 hrs/month) 15-20 years of service: 20 days/year (13.50 hrs/month 20- or more years: 15 hours/cnonth B. Employees must use annual leave accrued each calendar year No more than one years allotment annual hours of leave may be accumulated at any time. The City Council may grant a variance to this rule but should consider the long range effects of this. Employees who, at the date of adoption of this policy, have an excess of 160 hours of leave accumulated will have until January 1, 1986, to use up accumulated hours. All leave shall be used on a first in, firs.out basis. C. Minimum increment for annual leave is one hour. D. Upon termination of employment, regular employees will be paid for all unexpended annual leave. E. Department heads are responsible for approving annual. leave. A department head may deny an annual leave request if it may interfere with or hamper the normal conduct of the depart- ment. Annual leave requests must be approved one week in advance by the employee's department head. F. Department heads will prepare a leave chart for the year for themselves and employees by the end of January each year and post it somewhere in the department. This chart will be subject to review by the Mayor. Any changes to this leave schedule must be approved 3 days prior to the leave. G. Probationary employees are not eligible for annual leave until the end of the probationary period although credit will accrue from the beginning of employment. H. Full-time employees who, due to reduction in hours for budgetary reasons or other reasons as determined by the City, work less than a 40 hour work week will accrue annual leave based on the percentage of tune actually work I. Temporary and part-time employees are not eligible for annual leave. - 29 - SECTION 14. SICK LEAVE A. Sick leave shall be earned at the rate of one day per month for full time employees. Part-time employees will accrue sick leave at a rate equal to the percentage of full-time worked. Accrued sick leave shall be utilized on a first in, first out basis. B. Maximum accumulated sick leave shall be 90 days. C. Sick leave shall apply to absences from work due to: 1. Illness or injury resulting in the inability to perform the regularly. assigned job. 2. Exposure to or presence of contagious disease where on the job presence of the employee would jeopardize the health of others. 3. Medical or dental or optical treatment or examination if such cannot be scheduled at non-working hours. 4. When use of prescription drugs prevents an employee from safely or efficiently performing his/her duties. All use of prescription drugs shall be reported to an .employee's department head. D. Notification 1. The employee will notify the department head (of City Clerk/Treasurer's office if the department head cannot be reached) at the earliest possible time on the work day missed. Failure to notify of sick leave may result in denial of sick leave pay. 2. Notification for sick leave for scheduled medical, dental or optical appointments shall be made by the employee to the department head at least 24 hours prior to the appointment, unless the appointment is due to an emergency condition. 3. Two weeks advance notice shall be given if possible for planned surgery or other anticipated disability includ- ing childbearing. E. A medical report signed by a physician may be required for the approval of any sick leave benefits. F. .Disabilities caused or contributed to by pregnancy, miscarriage, childbirth and recovery from these, are for the. purposes of this. policy to be considered temporary disabili- ties which are covered by sick leave policies. Accrued sick leave may be used for such disabilities. - 30 - G. The minimum increment of sick leave use will be 2 hours. H. In the event that an employee has used all of the sick leave accumulated, the employer, with approval of the department head may: 1. Charge the extra days to annual leave and/or accrued compensatory time. 2. Take leave without pay (with prior approval of the Mayor). I. An employee who retires after 20 years or more of service from the City of Winslow shall be compensated for sick leave accumulated over the 90 days allowed at the rate of 1/4 of the employee's current rate (Example: an employee has 120 days accumulated. 90 is available to use as sick leave. The other 30 will be paid at the rate of 1/4 his/her current of pay). SECTION 15. BEREAVEMENT LEAVE In the event of a death in the employee's immediate family (for example: parent, son or daughter, spouse, sister or brother) an employee may be granted a leave of absence with pay not to exceed 3 working days. Such leave will not affect sick leave or annual leave. When an employee participates in a funeral or memorial ceremony for a person other than those in the immediate family the employee may be granted a reasonable time off (not to exceed 1 day) for such participation upon request to the department head. Such leave will not affect sick leave or annual leave. Any absence due to bereavement other than the above will require use of annual leave or the floating holiday or leave without pay. SECTION 16. MILITARY LEAVE A. A maximum of 10 working days, during any period of 12 conse- cutive months, shall be allowed any employee who is a member of any duly established National Guard or reserve corps unit, for the purpose of complying with state or federally impose~~ requirements. B. Continuation of an employee's pay by the City during any period of allowed military leave shall be contingent upon: 1. Reduction by the amount of military pay received, .and 2. Proof of the amount of military pay received, and. of such service rendered, which shall be made in the manner - 31 - . required by the State Auditor of the State of Washington. The employee shall notify the City at least 2 weeks prior to any regularly scheduled military leave. SECTION 17. CIVIL LEAVE A. Up to ten (10) working days of civil leave shall be allowed by the head of the department to permit any employee to serve as a member of a jury, or to appear as a witness before a court of law when subpoenaed. B. Any compensation other than a travel stipend received by a employee for the performance of such civil duties during the employee's working day shall be deducted from the employee's regular salary. SECTION 18. LEAVE WITHOUT PAY A. Absences from work in circumstances not provided for else- where in this resolution shall be considered leave without pay. Employees must receive the prior approval of their department head. Any such contemplated absence in excess of three days shall require the prior approval of the Mayor. B. In no case shall a request for leave without pay be approved where a balance of accrued annual and/or compensatory leave remains to the employee's credit. C. No vacation or sick leave benefits will accrue during leave without pay. SECTION 19. HOLIDAYS A. The following shall be observed as legal holidays: 1. New Year' s Day 2. Lincoln's Birthday 3. .Washington's Birthday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. The day following Thanksgiving 10. Christmas Day 11. One floating holiday of employee's choica. The dates for the above legal holidays shall be the dates specified as the state legal holiday. .. - 3' - B. Floating holiday -- An employee must have been employed by the City 6 months or more to be eligible for the floating holiday. The department head will grant the day chosen by the employee under the following conditions: 1. At least seven (7) calendar days notice must be given to the department head prior to the day of tha floating holiday. 2. The number of employees selecting a particular date does not prevent the City from providing continuing public service. In a case where the department head determines that by granting a floating holiday continuing public service would be affected, the employee who first requested the date in question will be granted the day off. The other employee may select another date. 3. The floating holiday must be taken during the calendar year and may not be carried over from calendar year to calendar year. C. Holidays occurring during an employee's approved vacation leave will not be considered as part of vacation leave expended. D. An employee must work the day before and the day after any holiday in order to be eligible for the holiday, except that an employee may be eligible if the day before or after has been taken as approved leave. E. Employees may be required by the department head to work on holidays if required to carry out essential City functions Compensation will be as follows at the discretion of the department head: 1. Employees may take the next convenient regular work day (or part of a work day if applicable) off. The date cizosen must be acceptable to both the department head and the employee, OR 2. The employee will be paid for the holiday and in addi- tion will be paid straight time for any hours .actually worked. SECTION 20. ADMINISTRATIVE LEAVE The Mayor or her/his designee may provide administrative leave with. pay to any employee in situations where the employee is subject to an administrative, civil or criminal investigation and the efficient operation of the City and preservation of public confidence call for the employee to remain off-duty pending the conclusion of the investigation. - 33 - ARTICLE Vs SEPARATION FROM EMPLOYMENT SECTION 1. All separations of employees from employment in the City will fall into the following categories: A. Retirement 1. Uniformed Police in the LEOFF system -- requirements are those specified by the regulations of the particular LEOFF system to which they belong. 2. Non-LEOFF employees' -- requirements are those specified b the PERS regulations. B. Resignation -- Non Civil Service 1. An employee who wishes to leave employment with the City shall file with his/her .department head a written state- ment regarding the resignation at least two weeks before leaving. The statement shall list reasons for leaving and shall give a termination date. 2. The department head may waive the two week requirement if it is in the best interests of the City. If a termi- nation date earlier than two weeks is~agreeable to both the employee and the department head, the employee's salary will terminate at the date agreed upon. 3. If an employee resigns without giving. two weeks notice of resignation, the City may deduct, from any sums due the employee for unused annual or sick leave, an amount up to the equivalent of two weeks salary. C. Resignation -- Civil Service See appropriate section of Civil Service Rules -- Appendix A. D. Discharge - - Involuntary Termination An employee may be discharged from City employment: 1. During or at the end of the probationary period without cause (See section on probation); 2. As a result of a disciplinary action (See section on discipline); 3. For unsatisfactory job performance other than related to disciplinary action; or 4. Loss of skills,. certification or other qualifications required for the job or other conditions which make the employee unfit for service. - 34 - 5. Certain employees 2.08.070 and the who serve at the III, §10(A)(2). E. Disability. designated by Section 2.08.030 and municipal code are at-will employees pleasure of the Mayor. See Article An employee may be terminated for disability when he/she cannot perform the required duties because of physical or mental impairment and the City cannot reasonably accommodate the disabled person without undue hardship to its operation. Action may be initiated by the employee, his/her legal representation, or the City. Disability termination must be supported by medical evidence acceptable to the department head. The City may require an examination at its expense to b performed by a physician of its choice. Termination and retirement benefits will be those allowed for resignation and the retirement program in which the employee is enrolled. Termination will be effective upon completion of investiga- tion by the City. F. Death Termination will be effective on the date of death. All compensation allowed will be paid to the beneficiary desig- nate by the employee in the personnel file. G. Layoff The department head may with the concurrence of the Mayor lay off employees for lack of work, budgetary restrictions, loss of grant funds, or other changes that have taken place. The City will attempt to give a minimum of two weeks notice. Layoffs for workers performing like jobs will be in order of individual performance as a f first consideration and then in order of least seniority. SECTION 2. APPEALS A. Non Civil Service -- Appeals of any action regarding termina- tion shall utilize the same procedure as for grievances. R. Civil Service -- Appeals of any action regarding termination shall be regulated by the Civil Service regulations in Appendix A. - 35 - SECTION 3. COMPENSATION DPON TERMINATION A. When a full-time employee is terminated by resignation or discharge, the following compensation will be due to the employee and will be paid. 1. Regular salary for all hours worked up to the time of termination which have not already been paid. 2. Longevity prorated on any regular salary not already paid. 3. Any overtime or holiday pay due. 4. Additionally, the employee will remain on the payroll until compensated for' all accrued annual and/or compen- satory time Holidays occurring during this time period shall be paid holidays and annual leave and sick leave shall continue to accrue. The employee shall continue to be covered by medical and other reyular benefits as long as he/she is on the payroll. 5. If an employee resigns without giving two .weeks notice of resignation, the City may deduct, from any sums due the employee for unused annual or sick leave, up to an amount equivalent to two weeks salary. B. Except: if an employee is terminated as part of a discipli- nary action involving falsification of leave, overtime, or work records, compensation may be reduced by the amount due to falsification of records as a corrective action.. C. If a probationary employee is terminated, no annual leave will be reimbursed. D. If an employee retires from City employment after 20 or more years of service, he/she will be compensated for all unused sick leave over the 90 days allowed at 25$ of current daily salary. ARTICLE VI: DEFINITIONS A. CIVIL SERVICE EMPLOYEES Eull time uniformed police officers, and police chief. B. COMPENSATORY TIME Time off from work to compensate the employee for overtime worked. C. DEPARTMENT HEAD City Clerk, City Engineer, Land Use Administrator, Municipal Judge, Public Works Supervisor, and the Chief of Police. In consideration of department heads, the Mayor shall be the Department Head. - 36 - . • D. DISCIPLINARY ACTION Imposition of certain personnel actions k (e.g. reprimand, warning, suspension, demotion, discharge, etc.) as a result of conduct detrimental to the City. ~ E. DISCHARGE A separation of an employee by the City from his/her job for reasons set forth in the Discharge section in this manual. (Also called termination). F. DEMOTION The movement of an employee to a job of lesser responsibilities and with less pay. G. EMERGENCY EMPLOYEE A person employed by the City of Winslow for no more than 30 days. H. EMPLOYEE A person employed by the City of Winslow. I. EXEMPT EMPLOYEE Those employees determined to be exempt from the overtime provisions of Chapter 49.46, RCW. They are employees who hold elective office, executive, administrative or professional positions and meeting qualifications as set forth in Chapter 49.46 RCW. J. FULL TIME EMPLOYEE An employee who is normally employed by the City 40 or more hours a week on a regularly scheduled year round basis. K. GRIEVANCE A complaint against the interpretation of this personnel policy, the salary ordinance, department policy .manual or job description. L. HOLIDAY A day listed as a holiday in the Holiday section of this handbook. M. LAYOFF The involuntary termination- of an employee for reasons due to lack of work, budgetary restrictions, loss of grant funds, or other changes that have taken place. N. LEAVE An approved period of absence from work as regulated by the Leave section of this handbook. O. LEOFF Law Enforcement Officers and Fire Fighters rztirement systems. P. LEOFF EMPLOYEES Employees eligible for any LEOFF program. Q. LONGEVITY BONUS Compensation in addition to regular salary for employees who have worked for the City of Winslow longer than 3 years. R. MAXIMUM ACCUMULATED LEAVE That amount of annual and compen- satory tlme which cane be carried over at the end of any calendar year. - 37 - V • S. OVERTIME Time worked in excess of the regularly scheduled 40 hou- r work week. Or for the police department, time worked in excess of the 60 hour shift week and FLSA requirements. T. PART TIME EM less than 30 U. PROBATION A required to perform the assigned. PLOYEE An employee who is employed by the City hours per week on a continuing basis. working test period during which an employee is demonstrate his/her ability and capacity to duties of the position to which he/she is V. PROMOTION The movement of an employee to a job of greater responsibility and/or greater pay. W. PROVISIONAL EMPLOYEE (Civil Service) An appointment to a position made in the absence of eligible candidates pending the establishment of an employment list. X. REGULAR EMPLOYEE Full time employee who has completed the probationary period. Y. RESIGNATION The voluntary action by an employee of termina- tion of his employment. This must be given_.in writing. Z. RETIRE When an employee leaves service with the City of Winslow having completed the number of years required or is at such age as is required by the applicable state retirement program for full retirement benefits. AA. SENIORITY The length of time a person has been a regular full time employee of the City of Winslow establishes the order. of seniority of an employee in relation to other employees employed in like jobs. AB. SUSPENSION Temporary removal from the duty with or without pay of an employee for disciplinary purposes or for the purpose of investigation of accusations brought against the employee. AC. SUBSIDIZED EMPLOYEES Employees whose salaries and benefits are in whole or in part paid by the federal or state govern- ment through the City (CETA, Summer Youth Employment, etc.). AD. TEMPORARY EMPLOYEE An employee who is employed by the City occasionally for any number of hours on a non-continuous basis. - 38 -