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HomeMy WebLinkAboutR-0810 - Adopting job analysis and personnel rulesf R,,~{},-,/Zv-?{O . RESOLUTION OF THE CITY OF MARYSVILLE ADOPTING JOB'ANALYSIS AND PERSONNEL RULES WHEREAS,the Administrator has presented a job analysis and personnel rules pertaining to city employees,and although the rules do not require approval of the city council,it would be in the best interests of the City for the approval by the council;and WHEREAS,the City Council has reviewed the particular job analysis and personnel rules, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE as follows: Section 1.That the job analysis and personnel rules attached hereto as Exhibit A, by this reference incorporated herein as if fully set forth,be,and the same is hereby adopted and approved ln all respects. Section 2.That the City Administrator shall have the power from time to time to adopt amendments to the job analysis and \ l~74 .• ADOPTED by the this 1/day personnel rules pertaining to city employees as may be reasonable <'; to effect policies of the city from time to time .•• City Council of the City of Marysville,. of /liMe#: ;fje"~o.£iv=£2ATTEST: C'i,ty er Washington APPROVED AS ", i' .e TABLE OF CONTENTS , RULES RULE 1 -GENERAL'PROVISIONS ,1":1 Purpose" 1-2'Scope' 'I " 2-21 2-22 2-23 2-24 2-25 , 2-26 RULE 2 -DEFINITIONS 2-1 City 2-2 Class 2-3 ,Classification Plan 2-4 Compensation Schedule 2-5 Continuous Servic'e, 2-6 Demotion 2-7 Dismissal 2-8 Employee 2-9 Examination 2-10 Just Cause 2-11 Layoff 2-12'Part-Time Regular Position 2-13 Part-Time Non-regular Position 2-14 Permanent Appointment 2-15 Permanent Employee 2-16 Probation 2-17 Promotion 2-18 Recognized Employee Organizations 2-19 Reinstatement 2-20 Relative by Blood or Marriage Within The Third Degree ..Salary Range Salary Step Suspension Temporary Appointment, Termination Transfer " RULE 3 -EHPLOYMENT 3-1 3-2 3-3 3-4 3-5 3-6 Types of Appointments Recruitment ~'~,'"- Application ,Notification Conditions of Employment Restrictions on Employment RULE 4 ~PERSONNEL ACTIONS 4-1 Temporary Appointment 4-2 Probation 4-3 Reemployment ~, '" I I ,', I' , ! \"-----"-_.-.._---'---- , \,\ . '::)),~, ,,":,/ \ <{ i 4-4 4-5 4-6 4-7 ,4-8 4-9 4-10 4-11 4-12 4-13 Promotion ,Transfer Demotion ----' Suspension Dismissal Resignation Retirement Layoff Exit Interviews Reinstatement " RULE 5 -DISCIPLINE 5-1 Discipline 5-2 Causes For Discipline 5-3 Procedures RUL~6 -CLASSIFICATION &~D SALARY 6-1 .Creation and'Maintenance of Classifications 6-2 Reallocation or Reclassification of Positions 6-3 Preparation of Salary Range 6-4 Less Than Full-Time 6-5 Overtime 6-6 Call Back 6-7 Pay Period ~',.''.RULE 7 -ATTENDANCE AND LEAVES "7-1 Attendance 7-2 Hours of Work 7-3 Absence From Duty 7-4 Coffee Breaks 7-5 Annual Leave 7-6 Sick Leave 7-7 Military Leave 7-8 Jury Duty Leave 7-9 Holidays 7-10 Maternity Leave 7-11 Workmen's Compensation 7-12 Leave of Absence Without Pay RULE 8 -GRIEVANCE PROCEDURES 8-1 Definition 8-2 Purpose 8-3 Procedure 8-4 Arbitration RULE 9 -MISCELL&'1EOUS, 9-1 Training ./ 9-2 Safety 9-3 Retirement 9-4 Fringe Benefits RULE 10 -SEPARABILITY CLAUSE .. .._.,-'----._.-,. \ -5. RULE 1· GENERAL PROVISIONS 1-1 PURPOSE •.The objective of these rules are to facilitate efficient service. to the public and provide a personnel management system within.the City gov- ernment that deals with all employees of the various departments in an·equitable and uniform manner. The intent of these rules is to recognize that the City shall employ the most suitably qualified persons available;that tenure of every employee will depend upon the need of the work performed,availability of funds,effective performance, good conduct and continuing fitness for his or her position;that each employee shall be prepared and expected to perform at his or her optimum level;that the concept of equal opportunity employment is a necessary·element of merit system principles;and that no appointment to,promotion to,removal from,or discipline.. in any position in the City shall be negatively influenced because of race, religion,sex;creed,national origin,age,marital status,political or religious.. opinion or affiliation. 1-2 SCOPE.In cases where these rules conflict with collective.bargaining contracts and agreements duly agreed upon between authorized employee organizations .or unions and·the City the provisions of the contract shall govern.In all other cases these rules shall apply. '-1- ,~,RULE 2 • DEFINITIONS The following terms whenever used in these rules shall be construed as follows: 2-1 CITY.The City of Marysville,a municipal corporation. 2-2 CLASS. A group of positions sufficiently similar in duties, responsibilities,authority and minimum qualifications to permit combining them under a single title,and to permit application of common standards of selection and compensation. 2-3 CLASSIFICATION PLAN.The designation of a title for each class, together with the specifications for each class as prepared and maintained by the Mayor with departmental input. 2-4 COMPENSATION SCHEDULE.A schedule of salary ranges of all classes in the service of the City including single position classes setting forth the salary range for each such class in accordance with the criteria and procedures set forth in this Resolution,and also setting forth the salary rates by step in each such range. 2-5.CONTINUOUS SERVICE.Employment without interruption except for brief leaves of authorized absence. 2-6 DEMOTION.The movement of an emplQyee from one class to another having a lower salary range. -2- I1,_..__ 2-7 DISMISSAL.The discharge of an employee from employment with the City by the Mayor concerned for just cause. 2-8 EMPLOYEE.Any individual occupying a position in,,·service with the City. 2-9 EXAMINATION.Examination refers to any device or procedure used in the selection process to measure applicant abilities and suitabilities for a position.This includes but is not limited to oral interviews, written tests,performance test,evaluation of performance during pro- bation and scored evaluation of education and experience. 2-10 JUST CAUSE.Cause,supported by substantial evidence,for a superior to take disciplinary action against a subordinate employee. 2-11 LAYOFF.Termination of an employee because of lack of funds or lack of work. 2-12 PART-TIME REGULAR POSITION.A position in which the employee regularly works less than 40 hours per week but not less than 15 hours per week. 2-13 PART-TIME NON REGULAR POSITION.A position in which the employee regularly works less than 15 hours per week. 2-14 PERMANENT APPOINTMENT.The appointment of a person to a perma- nent position upon successful.completion of probation when applicable which signifies satisfacoty performance in a permanent position to which the employee is assigned. 2-15 PERMANENT EMPLOYEE.An employee who has successfully completed -3- ...--..'..., ·::;t ;'.' a prob,ationary period in a permanent position. 2-16 PROBATION. A working test period during which an.·employee is required to demonstrate his ability and capacity to perform the duties of the position to which he has been appointed. 2-17 PROMOTION.The movement of an employee from a position in one class to a position in another class imposing higher duties and respon- sibilities requiring higher pay,qualifications and providing a higher maximum rate of pay. 2-18 RECOGNIZED EMPLOYEE ORGANIZATIONS.Any organization or union which inc+udes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City and has become recognized with the City under the procedures as .outlined in the state collective bargaining law.Ch.41.56 RCW. 2-19 REINSTATEMENT.Return of an employee to his former position in the service of the City.within one year after layoff or at any time after successful appeal of a suspension,demotion or dismissal. 2-20 RELATIVE BY BLOOD OR MARRIAGE.All of the following relationships are included:children,parents,grandchildren,brothers,sisters, grandparents,great grandchildren,nephews,nieces,uncles,aunts. 2-21 SALARY RANGE.The range of salary rates for a class as set forth in the compensation plan. 2-22 SALARY STEP.The minimum to maXimum increments of a salary range. 2~23 SUSPENSION.A temporary removal from duty with or without pay ,of an employee for disciplinary purposes or for the purpose of inves- tigating accusations brought against an employee. 2-24 TEMPORARY APPOINTMENT.The appointment for a limited period of a person to a position in a higher class occupied by a permanent appointee on suspensio:or to a position in a higher class occupied by a probationary 'or permanent appointee who is on authorized leave of absence:or a position for which a vacancy exists. 2-25 TERMINATICN.Separation from employment with the City. 2-2'6"TRANSFER.A change of an employee from one position to another in the same or different class having essentially the same salary range,involving the performance of similar duties and requiring sub- stantially the same basic qualifications. 2-27 MAYOR.Duly elected Mayor of City of Marysville or his designee. -5- "RULE 3 EMPLOYMENT 3-1 TYPES OF APPOINTMENTS.All,vacancies shall be filled by reemployment,' ',promotion,demotion,transfer,reinstatement or open competi~ion. 3-2 RECRUITMENT.Available,positions shall be publicized for any necessary .period by announcements posted on public bulletin boards and by'such other means as the Mayor may deem necessary.Announcements shall specify the title',pay rate, duties to be performed,required qualifications (as found in the City's Classification Plan),time and manner of making application and other pertinent information 'related to 'the available position including the method of screening to be,used in the selection process • .. 3-3 APPLICATION.Application shall be made as prescribed by the Mayor.Applica- tion forms shall require information on specific job experience and training and shall contain questions designed to obtain job related information.All applications must be fully completed,signed and dated by the applicant. Testing methods may include any or all of the following:performance tests, written tests,scored oral i~terviews,or scored evaluation.The Mayor shall determine the manner and methods in which screening will take place within the above guidelines. ", 3-4 NOTIFICATION.All applicants for employment shall be notified as they may be affected at the time of the following:disqualification for cause;filling of the vacant position. ." '-6-,I.~- • 3-5 CONDITIONS OF EMPLOYMENT:Prior to final appointment,selected eligibles may at the disctetion of the Mayor be required to pass a, medical examination by a licensed physician at City expense.Failure to demonstrate physical fitness for the position will result in the applicant not being hired. An employee shall not engage in employment other than his or her City job if such employment interferes with the efficient performance of his or her City job,constitutes a conflict of interest,or would result in a poor public image for the City as determined by the Mayor. All other employment over 16 hours per week must be approved by the Mayor. '., 3-6 RESTRICTIONS ON EMPLOYME~~.No persons related by blood or mar- riage shall be employed in the City's service.This rule shall not affect persons related by blood or marriage who are in the City's employ on the effective date of the Resolution. Employment with the City requires an employee to conduct any and all personal matters in a manner that will bring no discredit to the City. peddling or soliciting for sale or donation of any kind on City pre- mises or while representing the City in any way,nor shall they be the instrument of alloWing others to use City time,facilities or in- fluence in partisan polictical activities. -7- ,- ~~ "'Nonpartisan political activities involving City time,facilities ,or influence'',. may be allowable for City employees if performed with the written authorization ',.., ,_.r ,of the Mayor and are not'proscribed by Federal,state or local law. .,";, .;.' .'",", " .'.. '.,. "," ) .~" , .,RULE 4 PERSONNEL ACTIONS 4-1 TEMPORARY APPOINTMENT.Appointment to City employment on other than an acting or-regular basis shall be considered temporary.Such temporary appoint- •ment shall be allowed only 'as follows:a)as substitution for a regular' ,appointee who is absent from his or her position;b)when it is impossible to make a regular appointment to the position due to recruitment difficulties; ,c)where budget appropriations provide only for temporary employment;and/or, d)during a state of disaster or emergency. Temporary appointees shall serve at the discretion "of the Mayor no temporary appointment shall exceed one year in duration. 4-2 PROBATION.An appointment shall not be permanent for a period of one year; Probation is an extension of the selection process and failure of same,as determined by the Mayor ,does not ,constitute ,any ,right to appeal under these rules.Employees on probation may be terminated only by the Mayor. Rejected probationers shall be notified,of such action in writing by the Mayor and a copy of said notification shall be retained in ~he·personnel'files. ,Rejection shall be only for just cause. ...''. ;.,., 4-3 REEMPLOYMENT.An,eligible list of the names of those with permanent appoint- ments who were laid off or demoted in lieu of layoff shall be maintained for each job class.Reemployment from these lists shall be in order of date of layoff,the earliest date of layoff being first.Employees reemployed in this process may be' reqUired to submit to medical examinations as provided in Sec.'3-5. 4-A-?ROMOTION~Vacancies in positions shall'be filled insofar as consistent with the best interest of the City from employees holding permanent appointments ,.'in appropriate job classes if qualified personnel is available within the service of the City •. City emplqyees who are promoted must pass a new one year ,probationary period. Those who fail the probationary period shall reassume any permanent'appointment. held prior to promotion of those positions remain open. 4-5__~~~~~~.'Upon recommendation of the Department Head or to meet the needs of the City,a transfer may be made.No 'person may transfer,to a position for which he or she does ·not possess minimum qualifications.A,new probationary, peri~d shall be established for any employee who requests a transfer.A transfer ," shall not be used to circumvent regulations regarding promotions,demotions or termination. ", No employee shall be demoted to a position for which he or she ----~ 4-6 DEMOTION. ,does not possess the minimum qualifications.An employee being demoted shall be ,notified two weeks prior to demotion.,An employee may be demoted:a) 'when his or her standard of performance falls below that set for his or her particular class;b) when the'employee becomes physically or mentally incapable of ,performing the duties of his or her position;c)for 'disciplinary purposes; " d)in lieu of .layoff. A demotion may be authorized by the Mayor for any employee who requests it ~rto prevent a layoff.Any demotion to prevent layoffs may be reversed when the employee's previous position is re-opened. b 4.;.7 SUSPENSION.Any employee may be suspended wi thout pay by the Mayor .... for disciplinary reasons as specified in Rule 5 by notifying any employee in ,. .writing and·filing a written notice with the employee's personnel record.An employee must be provided with written notice as to the reasons for and duration of such suspension within a reasonable period of time.If an investigation· .reveals that the decision for suspension was made by error or misunderstanding ·of fact,the employee may be reinstated and shall be reimbursed for salary loss due to suspension. 4-8 DISMISSAL.The Mayor may dismiss an employee for any of the disciplinary reasons specified in Rule 5 of this Resolution by notifying the employee in writing of the action pending.Such formal written notice shall contain:a)statement of the grounds for dismissal;b)the effective date of the action.When an appeal of the.dismissal is made,the vacated position will be considered a ~emporary vacancy until final decision is made on the appeal. 4-9 RESIGNATION.An employee wishing to leave the·City service in good standing .. shall.at least two weeks before leaving file with his or her Department Head,a written statement as to the reasons for leaving and the effective date of·leaving. The time limit of the resignation may be waived at the discretion of the Department Head concerned.The Department Head shall forward a copy of the.resignation and a final performance evaluation report to the personnel files of the employee • .An employee who has resigned with a good service and who has complied with all personnel procedures may be reemployed within one year to his former position, ·if vacant,or to a comparable one,if available.Upon reemployment,the employee shall be considered for all purposes except retirement benefits to have received an original appointment snd shall serve a one year probationary period. 4-10 RETIREMENT.Employees shall retire at age 65.Annual employment •contracts may be granted by the Mayor.Anyone over age 65 who is work- ing for the City under an individual employment contract will not be entitled to receive any elements of the employer's fringe package other than social security,PERS retirement,holidays,sick leave and vaca- tion privileges.Uniformed employees shall retire as specified by state law.In all instances,the retirement date shall be the last day of the calendar month in which the employee shall have obtained the desig- nated retirement age. 4-11 LAYOFF.The Mayor may layoff permanent employees for lack of work, budgetary restrictions or other changes that have taken place.The emplPyee is to be given 10 working days notice except in cases of emergency before such layoff is to take place. No permanent employee shall be laid off while another person in the same classification is employed on a probationary or temporary basis in a position for which the permanent employee in the opinion of the Mayor is qualified. In determining who in any department is to be laid off,consideration is to be given to individual performance and then to seniority in the posi- tions to be affected. If the employee being laid off possesses a good service record,his or her name shall be placed on a reemployment list according to his or her job performance and seniority.The list shall be maintained for one 'year. -12- ·. 4~12 EXIT INTERVIEWS.The Mayor may conduct or have conducted an . exit interview with employees leaving City employment,if in their opinion, information can be gained which will improve or enhance present operating pro- cedures. 4-13 REINSTATEMENT.An employee who has been demoted,suspended,or dismissed may be reinstated to his or her former position upon successful appeal.In such event the employee shall be entitled to full compensation for all lost time and with full restoration of all other rights and conditions of employment. .1 "J.,I , I ..:.~ ,,.... • , ,. .'RULE 5 DISCIPLINE 5-1 PURPOSE.The City will attempt at all times to operate its business in the most efficient,economical and orderly manner consistent with good manage- ment practices. All employees shall conduct themselves in a manner that will be consistent with established rules and regulations.Discipline will be administered as a deterrent to behavior that is destructive to the principles and standards "stablished for the purpose of maintai~rder in the day-to-day operations of ~usiness,and in keeping with sound principles of human relations. All discipline must be administered in a fair,equitable,and consistent manner with supervision adopting an attitude of objectivity based on the premise that an employee will be given an opportunity to voluntarily improve ~ behavior or work performance.Stronger disciplinary action will be taken in the event an employee does not attempt to correct the cause for discipline. The,degree of discipline administered must depend ,on the severity of the infraction and in accordance with existing labor contracts.It is the responsibility of the supervisor to evaluate thoroughly the circumstances and fncts as objectively as possible.He will then apply the most suitable form of discipline to the best of his knowledge and discretion.All disciplinary action must be administered as close as possible to the time of the actual infraction. :),. 'A.Verbal Warning a. b. Talk to him in private. This type of discipline should be applied for infraction of relatively minor degree.Supervisor~should at all times inform the employee that he is administering a verbal warning the condition.'If the condition is not corrected,the person will be subject to more severe disciplinary measures. .:. . I.' ,.;., .... .:.....' '.," .:.;, "... ": , ! , i, .'.l_.". , I I B. c.A notation that a verbal warning was given should be made for ,':", the employee's personnel file. Written Warning.This notice will be issued by the supervisor in the event the employee continues to disregard a verbal warning,or if,the infraction is severe enough to warrant a written record in' the employee's personnel file. a~The supervisor will set forth on ,the 'warning notice form the nature of the infraction in detail and will sign the notice. He will discuss the warning notice with his immediate superior, then with the employee,to be certain that the employee under- stands the reasons for the disciplinary action.A copy of the warning notice is to be handed to the employee at the time of, the discussion of the discipline.The original copy is to be placed in the departmental personnel file. .'....,; c.Disciplinary Suspension a.This form of discipline is administered as a result of a severe infraction of rules,standards,or for excessive violations after the employee has received a written ,warning and has made no effort to improve performance.This is the most severe form of discipline given by a supervisor short of termination.'It should be applied only after a thorough eva1u~tion by llppll~·tlllllilt IIl1lld or lIin dellil\lllltoc1 rG,lrOllontotive. __.~•....~~,'~_~'R~'.""'''··,.,_,,__ --;:.v.- r /ue aupe r v i so r will set;io.('th ..I,Ll i ac i.s ieallj,ug [0 LIlI,!rca sou for the disciplinary suspension,and the duration of the suspension on a discipl~nary action form.He will then inform the employee of the disciplinary action,making certain that the employee is fully aware of the reasons for such action. The original copy of the disciplinary action form is to be placed in the departmental personnel file with a copy given to the employee. ':.. '.,..,.,. c.When the employee returns from a period of disciplinary ., suspension,the supervisor ahould see that the employee gets·.., .back to the job with as little injury to his self respect as' possible. ',".;",', D.hischarge '... a.Prior to a supervisor taking action on the rlischarge of an employee,he must discuss his recommendation for discharge with the department head or designated representative to be certain that all facts have been reviewed and that there is thorough justification for the discharge action.The super-. visor must be certain of all facts influencing his decision to terminate an employee and should attempt at all times to be as objective as possible in the evaluation of the circumstances leading to the termination. b.If in the opinion of the supervisor,the infraction is so severe as to necessitate immediate termination,the supervisor should take action by placing the employee on suspension until circumstances are reviewed with the department head or his designated representative prior to final termination action. .'.:.' 5-3 CAUSES FOR DISCIPLINE.All appointed employees may be subjected to disciplinary action for cause,including but not limited to: a.insubordination (disobedience) .._...-..".--_.---_.."____.....--~...............~ ;. 1 b.absence without leave c.abuse or theft of City property .....::-: d.knowingly giving false statements to supervisors or the public e.violation of City ordinances,administrative ·or management regulations or department rules. f.drinking alcoholic beverages on the job or being intoxicated on the job or use of control substances g.acceptance of gratuities for services performed as a part of City employment . • i .'..:..'. • •,r-' RULE 6 CLASSIFICATION AND SALARY 6"'1 CREATION AND MAINTENANCE OF CLASSIFICATIONS.'The Mayor shall be responsible for the preparation and continued maintenance of a classi- fication plan so that it will describe on a current basis the duties of each position and class to which each position and class to which each such position is allocated.Permanent positions will be included in the same class if:a)they are so similar in respect to duties and responsibilities that the same descriptive title may be used: b)substantially the same requirements asvt.o education,experience, knowledge and ability are demanded of applicants;c)SUbstantially the same tests'of fitness may be used in choosing qualified appointees; d)'the same schedule of compensation can be made to apply with equity. The Mayor shall authorize one person to maintain the classification system and to centralize the personnel record keeping system. 6-2 REALLOCATION OR RECLASSIFICATION OF POSITIONS.Revision of class specifications and reallocations within the classification plan shall be made as often as is necessary to provide current information on posi- tions and to allocate them to existing or newly created classes,to make such changes in the classification plan as are made necessary by changes in the duties and responsibilities of eXisting positions and to'periodically review the entire classification plan and recommend appropriate changes in the allocations or in the classification plan. Creation of a classification plan,reclassification of existing positions or alteration or omission of eXisting classifications shall be subject to the approval of the Mayor in consulation with the Department Head involved. ~". an old position are changed,the Department Head shall submit to the Mayor a written description of the duties of the position.After investi- gation,the Mayor may approve or amend the job description and allocate or reallocate the position to.a class,provided,if a new position is created,approval shall be secured from the City Council. A permanent full-time employee,or his designated representative,who considers his postion improperly classified shall first submit a re- quest in writing for reclassification of his or her 'position to his or her Department Head who shall review the request and transmit it with written recommendations to the Mayor.If the Department Head recommends a reclassification,a written description of the duties shall be transmitted to the Mayor.If the Department Head finds the request is not justified,he or she shall so advise the employee of such decision and also advise the employee of the right to appeal under the grievance procedures. 6-3 PREPARATION OF SALARY RANGE.The Mayor shall prepare by Jan.1, 1975 and keep current a compensation plan to consist of a series of salary ranges graduated by standard percentage increments between two or more steps within each range or within groups of ranges.In pre- paring such a plan,salary ranges shall be designated for each class of positions and by such continued designation the compensation plan and the classification plan shall be directly connected to each other. The salary range for a class will be determined with due regard to the ranges of other classes,the ability of eligible applicants,and pre- vailing rates of pay for similar position offered by other employers and the cost of living as shown by figures of the Bureau of Labor Statistics for the Puget Sound Region.The Mayor shall,from time to time,cause comparative studies to be made of all factors affecting the level of -, i• ., • salary ranges and reco~"end sucll changes in sa~ary range as appear to be justified. Such adjustments shall be made by increasing or decreasing salary range of the appropriate number of steps or ranges as provided in the basic salary schedule and the rate of pay for each employee shall be adjusted in appropriate number of steps or ranges in conformance with the adjust- ment of the approved salary for that class • Salary ranges are intended to pDovide administrative flexibility in recognizing individual differences among positions allocated to the same class,in providing employee incentive. :..Tne salary established for a position shall represent the total renumer- at ion for employee except for fringe benefits,official travel,and other approved expenses.No employee ~lall receive pay from the City in addition to the salary and fringe benefits authorized in these rules and the current budget as adopted by the City Council. 6-4 LESS THAN FULL-TIME.Whenever an employee works for'a period less than the regular number of hours a day,days a week,or weeks a month, the amount paid shall be on an hourly basis.The exact hourly wage will be determined by dividing the annual salary by 2080 hours. 6-5 OVERTIME.Overtime shall be granted in the form of compensatory time off only upon the approval of the Department Head for each hour worked beyond the normal working day of 8 hours or beyond a normal week of 40 hours at a basic rate of time and one-half for each hour worked.Whenever an employee is required to work on a holiday in addi- tion to his or her holiday pay,time and one-half for the first 8 hours will be paid.Dep~rtment Heads and other designated members of the .--_....~.._-_...._..".__....._._-_.....,.,..-....'--..-..-._._.---" management team of the City shall not be eligible for overtime com- pensation. ; 6-6 CALL BACK.Minimum call back time for overtime compensation shall be two hours.No payment shall be paid for overtime that has not been certified by the Mayor as necessary. 6-7 PAY PERIOD.Employees are to be paid once a month,on the last working day of the month,or as authorized by the Mayor.New monthly employees working less than a calendar month will be paid at a rate per hour determined by dividing the annual salary by 2080 hours for the actual day OJ:hours worked.Eight hours shall constitute one day,and in no instance will more than the monthly rate be provided except for overtime payments.Permanent monthly employees;after the probationary period is completed who have neither sick leave nor vacation leave available,will be docked for time lost at a rate determined by dividing the annual salary by 2080 hours on the basis of 8 hours for each day lost. l _ RULE 7 ATTENDANCE AND LEAVES 7-1 ATTENDANCE.Employees must be in attendance at their work in accordance with the rules regarding hours of work,holidays,and leaves. All departments are required to keep daily attendance records of employees on a standard form specified. 7-2 HOURS OF WORK.City,··ernployees shall work 40 hours a week.The standard work day shall be from 8:00 a.m.to noon and from 1:00 p.m. to 5:00 p.m.,Monday through Friday.Due to the nLture of their work, some divisions and departments will have different schedules,those schedules shall be determined by the Mayor in consultation with the Department Heads.If an employee knows that he or she will be late for work or absent because of illness or other reasons,it is his or her responsibility to contact his or her supervisor as soon as possible to enable the employee's supervisor to make necessary arrangements to continue the employee's functions while he or she is absent. 7-3 ABSENCE FROM DUTY.Absence from duty without authorized leave will be considered cause for dismissal.Absence from duty without authorized leave for two consecutive days is deemed resignation from the service. The absence of an employee from duty without authorized leave must be reported to the Department Head and in turn the Mayor.The return of an employee to duty must also be reported to the Department Head. 7-4 COFFEE &LUNCH BREAKS.Coffee breaks are authorized but as a pri- Vilege which must be arranged so as not to interfere with City business. Business should not be interrupted simply because it is coffee time. Employees are entitled to one 15 minute coffee break in the morning and i ,':' __,9,,.' • 1 ".'"-.".:.- One 15 minute coffee break in the afternoon. Coffee breaks for office employees should be taken in designated areas and field employees should take their coffee and lunch breaks on or near the job site.Misuse of the coffee break privilege shall subject the offender to disciplinary action.It shall be the responsibility of the supervisor to enforce this rule. 7-5 VACATION.The annual leave allowance shall be earned annually based on Ordinance #813. Upon satisfactory completion of the initial year of continuous service, i an employee shall be eligible for a paid vacation.Employees may not use earned vacation leave until after one year of continuous service or completion of the probationary period. ~~ile vacation leave may be carried over from one year to the next,any accumulated vacation in excess of the amount earned in a two year period will be forfeited by the employee.Only upon termination of e~ployment shall employees with more than one year of service be paid for all unused accumulated vacation time earned. All requests for vacation must be approved by the Department Head prior to the commencement of the requested vacation.No employee shall be paid for unearned vacation leave.The employee with greater seniority shall be given his or her choice of annual leave in the event of any conflict over when leave is to be taken. ~.'..-:-~ "-Hdlid.ays occuring during an approved vacation shall not be counted as , a daY of vacat±oh. 7-6 SICK LEAVE.Sick leave with pay shall accrue at the rate of one working day of leave for each month of continuous full-time service. Any such leave accrued which is unused in any year shall be accumulative for suceeding years for all regular full-time employees. Any employee eligible for sick leave with pay shall be granted such leave for the fo~lowing reasons:a)personal illness or physical in- capacity which is beyond the employeels control;b)bereavement leave- a death or critical illness where death appears to be imminent of a member of the employee's immediate family,defined as any relative by blood,marriage,or adoption who is a member of the employee's household,under the same roof,and any parent,substitute parent,parent-in-law,spouse,child,brother or sister of the employee regardless'of residence.Bereavement leave shall not exceed 5 working days.By approval of Mayor or Administrator. City employees may be excused by their Department Head to attend funeral services of deceased City employees without loss of pay. Application of sick leave entitlement shall apply to medical calls when absence during working hours for this purpose is authorized by the employee's Department Head.compensation time is to be used for routine medical checks or dental appointments. An employee on sick leave shall inform his or her immediate supervisor of the fact and the reasons therefore as soon as possible,and failure to do so within a reasonable time may be cause for denial of sick leave with pay for the period of such absence.Any use of sick leave ~;' -;"'exceeddnq 2 days,shall require a 'doctors report when asked by the • supervisor. In any instance involving use of a fraction of a day of sick leave, the minimum charge to the sick leave account shall be one hour,while additional employee absence over one hour shall be charged to the nearest full hour. Uniformed employees covered under the LEFF Act (Ch.41.26 RCW)shall use sick leave for all minor illnesses and minor injuries up to and including five consecutive working days.If an employee covered under the LEFF Act requires more than five consecutive working days of sick leave,that person must apply for disability retirement benefits under the provisions of RCW 41.26.120. 7-7 MILITARY LEAVE.Any officer or employee of the City who is a member of a state National Guard or Federal Reserve Military Unit shall be entitled to be absent from his or her duties or service with the City with full pay for up to 15 calendar days during each calendar year while engaging in the performance of an (Officially ordered military duty and while going to or returning from such du~y in accordance with the laws of the State of Washington (R~I 38.40.060).Such leaves shall be in addition to any other leave or vacation benefits.The City shall deduct the actual salary received by the employee from his military pay. Employees who are called or volunteer for service with the armed forces of the United States shall be entitiled to be considered for reinstatement in accordance with the provisions of the State Law (Ch.73.16 RCW). Upon application for reinstatement,the individual must display a I,I 1 1 '1 1 ~ ! ~, '."0'"certificate showing separation from the service was other than dis- , honorable. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited had he or she remained for that period of time with the City. An employee who was in a probationary period at the time of leaving for military service shall upon his or her return complete the remaini~g portion of their probationary period according to the then applicable rules and regulations. An employee promoted to fill a vacancy created by a person serving the armed forces shall hold such position subject to the retur~of the veteran. The employee affected by the return shall be restored to the po s.i.t.Lon he or she had held previously or any other equivalent position. 7-8 JURY DUTY LEAVE.It is the civic obligatioll of each employee to serve on a jury if he or she is called.~~ile o~jury duty or while appearing as a legally required witlless,a~employee will receive full - pay from the City but the City shall deduct therefrom an amount equal to jury fees actually received by the employee. 7-9 HOLIDAYS.Legal holidays to be observed by the County gover~ment are:a)January 1 (New Year's Day»)b)third Monday in February (Washington's Birthday);c)May 30 (Memorial Day);d)July 4 (Independence Day);e)first Monday in September (Labor Day); f)November 11 (Veterans Day);g)fourth Thursday in November (Thanksgiving Day);h)December 25th (Christmas Day). I ~ "r",:J '::;::";;:;1 ' .Any regular holiday which falls on a Saturday shall be observed on the preceding Friday and any regular holiday which falls on Sunday shall be observed on the following Monday. Any employee of the City who is on vacation or medically authorized sick leave when a holiday occurs will not be charged for that day • .... • Non regular part-time or temporary employees are not entitled to holida gUlar payroll during the period only permanent or probationary employees who are on the re- ..... benefits. i that emcompasses the holiday are entitle • .:i.:..,:i ".:.•-1 ..l 1 .:'. to full holiday benefits. Any employee with permission of his o~her Department Head may attend Church services on Good Friday with.pay between the hours of 12 noon and 3:00 p.m.,unless,in the opinion of the Department Head,the employees'services are needed and required in the interest of the publi health,safety,or general welfare or for reasons of emergency.In the event this occurs,the employee shall not be entitled to time off. Good Friday shall not ~e deemed to be a legal holiday. 7-10 MATERNITY LEAVE.Permanent female employees will be given maternit leave in accordance with their sick leave benefits.No employee shall work after the beginning of her fifth month of pregnancy without a certificate of approval from her attending physician.Total regUlations are reflected in the state and federal law governing maternity leave and working by pregnant women,and such regulations shall govern the city and the employee • -.r>.! •._0-I ::,.::;~~j .j I .; :::~.... .'~--,., ------------------------------------ ,-11 i;ViU<MEN'S (;O}U'ENSNJ.'lON.All nou-uni ro rmed employees of the City wi.l.L be covered by state workmen's compensation or some program with equal benef:l.ts.' Any employee receiving sick leave with pay,who is eligible for time loss' payments under the workmen's compensation law,shall,for the·duration.of such' payments,receive only that portion of his regular salary which,together with • said payments,will equal his regular salary.In order not to work an undue .hardship on the employee caused by the time lag involved in time loss payments, the employee shal~be paid his full salary and on receipt of time loss payments shall endorse such payments to the City.Absence ,for on-the-job injury covered by workmen's compensation shall not be charged to sick leave for the first 30 I 11 ,working days;additional absence shall be charged at the rate of one half day , of sick leave per day of absence. Full-time uniformed employees are covered under the LEFF system as defined by CH.41.26.RCW. 7-12 LEAVE OF ABSENCE'WITHOUT PAY.Upon ~ritt~n'request of the employee,the Mayor,may grant a regular employee a leave of absence without.pay not to exceed six months ..Approval of such leave shall be in writing and signed by the Mayor.No vacation or sick leave benefits or any other fringe benefits shall accrue while an employee is on leave without pay;moreover,the employee's anniversary date will be adjusted by the length of the leave granted. upon expiration of a regularly approved leave without pay,the employee shall be reinstated in the position held at the time the leave was granted or other equivalent position. Any employee on approved leave of absence may continue·his or her medical insurance' covera ge by paying the full cost to the City in advance for each month or por tion thereof.of which he or she is absent. '-"',..'.•... .' I"~J l"•RULE 8. GRIEVANCE PROCEDURES 8-1 DEFINITION.A grievance.means a claim or dispute by an employee with .'',respect to the interpretation,meaning;or application of the provisions of these rules • .8-2 PURPOSE.An employee may resort to grievance procedures hereinafter set forth for any decision or action which he or she feels may affect his or her employment adversely.The grievance must be filed in writing by the employee or the employer within 30 working days of the occurance of the incident producing the violation,dispute or grievance. 8~3 PROCEDURE.The following grievance procedures apply unless other procedures are provided by.State law,as in the case of the uniformed service,or by union contract:a)if an employee'feels he or she has a justified complaint or problem, he or she must.discuss this problem with his or her supervisor or Depart~en~Head; b).if ,within three working days after receiving an answer from such Department . Head or supervisor,the employee believes that his or her prob Lem has not been resolved to his or her satisfaction,the employee and the immediate supervisor shall both submit to a written report outlining the complaint and the circumstances surrounding it.The Department Head shall reply in written.to the parties regard- ing the complaint within five working days.Copies of all written statements shall at this point be forwarded to the Mayor c)if the employee feels that his or her complaint is not fairly resolved by the Department Head,he or she may then within .five working days submit a written complaint to the Mayor.If the grievance continues to exist,the Mayor may agree to recourse or any other legal means available for resolving the employee's grievance,including'arbitration by an outside third party. ,N~punitive action shall be carried out against any employee for u~ilizing the grievance procedures contained herein. l~,, 8-4 ARBITRATION.If an employee after completing the grievance procedure outiined in Sec.8~3 herein,still believes that his or her grievance has not ,been dealt with justly,such employee may request from the Mayor independent arbi-• tration of the matter.Any grievance involving a,dispute with respect 'to the app- lication,meaning or interpretation of this resolution may be submitted to arbi- tration in the following manner.If arbitration is desired by the aggrieved employee(s)and the Mayor,the arbitration committee shall consist of three per- sons;one appointed by the :employee and his or her representative,one appointed by the Mayor and one appointed by agreement between the arbitrating members. If the members are unable to agree upon a third member for the committee within five days after they meet to determine such an appointee,'they may jointly request the Washingotn State Department of Labor and Industries to provice a list of five arbitrators from which the parties may select one person.The representatives of the employer and the employee shall alternately eliminate the name of one person on the list until only one remains.The person whose name was not elimated shall be the Chairman and the third member of'the committee. It shall be the duty of the arbitration committee to represent the public interest in revieuing employee appeals,only after all other grievance proceJures have been exhausted ~resulting from alleged adverse employer action including'violations of this Resolution or the rules and regulations promulgated thereunder,unuarranted demotion,dismissal,or suspension.During 'such revieu,both ,the appealing employee and the Mayor or other,person whose, , action is being revieued shall have the right to be 'heard publicly',be represented ·f by a person o I his or her choice,and co present eviuellliary rac ..:;.i_t l.l_...e". ,' ; such appeals or grievances,technical rules of evidence.shall not apply. In conducting the hearing,the hearing officer has the power to administer oaths,issue ,subpoenas,receive relevant evidence,compel the production of books and papers relevant to the hearing,and question witnesses.,It .shali' be the duty of the hearing officer,within three days of the conclusion of the hearing,to forward his or her recommendation concerning the appeal to the, Mayor for appropriate action. The decision shall be,final and binding upon the parties to the grievance provided the decision does not involve action by the Employer which is beyond its jursidiction.Each party hereto will pay the expenses of their own repre- sentatives and the expenses ,of the third member of the arbitration committee will be borne equally by the parties hereto.The finding of the committee shall be .certified in writing to the Mayor and shall be forthwith enforced. Any party aggrieved by the final decision of the Arbitration Committee may file a petition for review in an appropriate court of law.Such petition shall be filed within 15 days of the date of receipt of the final decision.If the petition is grantee,the co~r~sha:l hear the matter in a manner provideG by law. u " ,..RULE 9 MISCELLANEOUS 9-1 TRAINING.The City encourages the improvement of service of employees by providing opportunity for training,including training for advance- ment and for general fitness for public service.Responsibility for developing programs for training employees shall be assumed by the Mayor. Such training programs may include lecture courses,demonstrations, assignment of reading matter or such other devices as may be available for the purpose of,improving the effectiveness and broadening the know- ledge of municipal officers and employees in the performance of their respective duties. 9~2 SAFETY.The Mayor and the City Council recognizes the need for the development of safe working practices for every employee and desires to promote on-the-job safety by encouraging the proper design and use of buildings l equipments l tools l :and othe~devices.Responsibility =or development,promotion,and coordination of the safety program throughout the various City departments shall be a primary function of the fire chief and his safety committee. This safety committee will be made up of representative'employees of the several operating departments.It will assist in the development of departmental safety programs,coordinate interdepartmental safety practices and keep other departments informed of the safety performance within the City government.~1e fire chief in conjunction with department safety representatives,are authorized to investigate the practices or conditions which are caused or may cause accidental injury or property damage.Duties of safety officer is outlined in Resolution #806. ! A4~i~stration of the sa£ety program should be the job of the Supervisor. " They should be constantly on the alert to observe and report unsafe 11 • working practices or existing hazardous working conditions with the aim of immediate correction.Each Department Head or supervisor shall make sure that the employee under his or her supervision is well acquainted with existing safety rules and shall see that the rules are uniformly' enforced.Safety education of all employees shall be promoted by super- visors adhering to all safety rules. 9-3 RETIREMENT.The retirement program for uniformed personnel is governed by existing State laws in Ch.41.26.RCW.Retirement for non- uniformed city employees is covered by the Public Employee'S Retirement System,or it successor,based on the reqUired salary contributions. Th?~etirement program is supplemental to Social Security.Temporary and non-regular part-time employees shall not,receive vacations,sick leaves,or retirement benefits. 9-4 FRINGE BENEFITS.Employees of the City may participate in basic group hospitalization and major medical plans adopted by the City Council.Dependents of either uniformed or non-uniformed employees may be enrolled at the employee's expense.coverage normally starts " on the first day of the month immediately following the date of employment. Any uniform clothing or devices required to be worn on the job as a condition of employment by the City shall be furnished,maintained,and remain the property of the City. 9-5 CODE OF ETHICS. Declaration of policy.High moral and ,ethical standards among public officials and public employees are essential to gain and maintain the l.'-----~~~~~ confidence of the public because such confidence is essential to the "conduct of free government.They are agents of the people and hold their positions for the benefit of the people.The proper operation of democratic government requires of public officials and employees that their positions never be used for personal gain.A code of '-:ethical conduct is necessary for the guidance of public officials where conflicts do occur as well as to prevent conflicts of interest.(or d ,770 51,1972). Use of public property.No official or employee shall request or permit the use of city owned vehicles,equipment,materials or property for personal convenience or profit,except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business. 52 (al,1972): (ord.770 Obligations .J.•J...•co c i c i z en s ,No official or employee shall grant,nor shall any citizen atteffipt to obtair.,any special consideration,treatment or advantage beyond that which is available to every other citizen.(Ord. 770 52 (b),1972). Code of ethics.The purpose of the code of ethics is to assist city officials and employees to establish guidelines to govern their own conduct.The code is also intended to help develop traditions of re- sponsible pUblic service.No official or employee shall engage in any act which is in conflict with the performance of his official duties. An official or employee shall be deemed to have conflict of interest if he: (1)Receives or has any financial interert in any sale to or by the city·of any service or ,property when such financial interest was received with the prior knowledge that the city intended to purchase such property or obtain such service; ..," .." (2)Accepts or seek s for others any service,information or -thing of value on more favorable terms than those granted to the ..pUblic generally,from any person,firm or corporation having dealings with the city, (3)Accepts any gift or favor from any person,firm or corpor- ation:having any dealings with the city if he knows or has reason to know that it was intended to obtain special consideration, (4)Influences the selection of or the conduct of business with a corporation,person or firm having busines~with the city if he personally or through household relative~has financial interest in or with the corporation,person or firm, (5)If an employee,officer,partner,director or consultant of any corporation,firm or person having business with the city, unless he has disclosed such relationship as provided by this chapter, (6)Engages in or accepts private employment or renders ser- vices for private industry when'such employment or service is incom- patible with the proper discharge of his official duties or would impair his independence of judgement or action in the performance of his official duties, (7)Appears in behalf of a p=ivate interest before any regula- tory governmental agency,or represents a private interest in any action or proceeding against the Lnt er e s.t;of the city in any litigation to which the city is a party,unless he has been disclosed to the regulatory governmental agency.A city councilman may appear before regulatory governmental agencies on behalf of constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligatiohs,however,no official or employee shall accept a retainer or compensation that is contingent upon a specific action by a city agency, (0)Directly or indirectly possess a sucs canc i.e L or conlrolling ••••interest in any business entity which conducts business or contracts..•with the city,or in the sale of real estate,materials,supplies or services to the city,without disclosing such interest as provided by this chapter.An interest is not a substantial interest if such in- terest does not exceed one-tenth of one percent of the outstanding securities of the business concern;or,if the interest is an unincor- po rated business concern,one percent of the net worth of such concern; or the financial interest of a corporation,person or firm does not exceed five percent of the net worth of the employee and his house- hold relatives; (9)As a city councilman has a financial or other private interest in any legislation or other matters coming before the council and fails to disclose such an interest on the records of the city council. This provision shall not apply if the city councilman disqualifies himself from voting by stating the nature and extent of such interest, and who participates in discussion with or gives an official opinion to the city council and fails to disclose on the records of the city council the nature and extent of such interest is in violation of this chapter.(OrO..770 53,1972). (10)Violates any ordinance or resolution of the City of Marysville; (11)Violates the confidentiality of his position; (12)Makes any false statement or representation of any public record or document in a willful disregard of the truth of such state- ment or representation. The City of Marysville hereby imposes the duty on every city employee, city advisor,and city council member to maintain his confidence on any city business or information pertaining to the city of which he has knowledge regardless whether that knowledge is gained in his or her normal work,provided however,this confidence shall not apply to •;~\~atters of public record as defined by Initiative 276 and subsequent •pmendments thereto,nor to matters which are necessary to relate or •"c@nverse about in the performance of the official dutie,of that city employee,advisor and/or council member.One does not maintain his confidence as used herein by speaking,writing or uttering in any manner to persons who are not at the time of such speaking,writing, or uttering in the employ of,advisor to,or council member of the City of Marysville. Penalties.Any person wilfully violating this chapter is guilty of a misdemeanor and is sUbject to the civil penalties provided herein, for the negligent violation of this chapter. An·.employee of the city found guilty of a negligent violation of this chapter is subject to civil penalties up to and including termination from employment and/or loss of pay not to exceed o~e month's sala~y. Any elected official found guilty of a-negligent violation of this chapter is subject to a civil penalty of loss of ?ay not to exceed one monthrs salary.In addition to the ~anctions for aiding,abe~ting, seeking or requesting a violation of this chapter,any pe~son or or- ganization which wilfully attempts to secure preferential treatment in its dealings with the city by offering any valuable gifts,whether in the form of services,loan,thing or promise,or any othe~form to any city official or employee,shall have its current contracts with the city cancelled and shall not be able to bid on any other city contracts for a period of two years:(ord.770 84,1972). Jurisdiction.There is created a board of ethics,composed of three members,one to be appointed by the mayor,one to be appointed by two- ..r,'. •thirds vote of the city council,and third,who shall be chairman,to, •,,'-Ive appointed by the other two members.The terms of the board mem- bers shall be three years.The first three .members snail be appointed for one,two and three year terms respectively.The chairman .'·hall have a three year term.The otner term,are to be determined by lot. A member of the board of ethic;may be removed for ju,t cause by a two-thirdr vote by the city council,but not the mayor,after written charge'have been served on a member and a public hearing has been held by the city council.The board shall be advisory and shall meet as frequently as it deems necessary.A majority of the board consti- tutes a quorum.Meetings shall be open or clo'ed to the public at the discretion of the board and as allowed under the laws of the state of.'i;ashington. ~~enever requested by a city official or employee or whenever it deems it in the pUblic interest,the board ~hall render advi~ory opinionp, in writing,concerning q~e;tionF of ethic',conflicts of interest,and the applicability of thir chapter.A written copy of the board's opinion shall be delivered to the per,on requesting the opinion.The board may p ub Ld sh their adv Lr-o ry opinionr,but only with such ommissions as may be necessary or proper to protect the confidence and privacy of city officials and employees. A board,on its own motion,may investigate any suspected or alleged violation of this chapter.The board Fhall investigate all written complaint,with regard to violation of this chapter.The board may administer oath in connection with any matter under inquirey.Any witness in a proceeding before the board of ethics shall have the right to be reprer'ented by counsel. J~ .'~e board shall render a written decision when it ha~concluded its ~nvertigation.Copies of the opinion may be delivered to the appro- •"priate city officers or released to the public at the discretion of the board.A copy of the opinion shall be presented to the per~on or orgainzation which war the subject of the investigation.No opinion, after an investigation,may be issued unless the person complained against has had an opportunity to have a fair hearing.Any person being investigated may demand a public hearing.(Ord.770 85,1972). I RULE 10· 1 ~J '-~'. "" SEPARABILITY CLAUSE .. -33-' •.••r , If any provision of ·this Resolution,or its application to any person or circumstance is held inv1aid,the remainder of the Resolution,or the .app1icatioh of the provision to other persons or circumstances is not affected • .... ".. ....,"' .. .' .~.. ., \ '. \ .', 1"\ 1......_ .', .,