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HomeMy WebLinkAboutR-1135 - Adopting personnel rulesCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.II~- A RESOLUTION OF THE CITY OF MARYSVILLE ADOPTING PERSONNEL RULES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IffiRYSVILLE, WASHINGTON,AS FOLLOWS: Pursuant to Section 2.50.010 of the Marysville Municipal Code,the City Council hereby adopts Personnel Rules of the City of Marysville dated June 11,1984.Copies of said Rules shall be avail- able for inspection during all business hours of the City at the office of the City Clerk.Said Rules are subject to amendment by resolution of the City Council. ADOPTED by the City Council and APPROVED by the Mayor this 1/day of 'JYJJ£.,1984. THE CITY OF IffiRYSVILLE lffiYOR ATTEST: BY~~=CLERK APPROVED AS TO FORM: Resolution ,,,", -.. > " Ii '..t, ) ) : PERSONNEL RULES OF THE CITY OF MARYSVILLE January 1990 •,(';"i PERSONNEL RULES FOR THE CITY OF MARYSVILLE TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS 1 SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTION 11- SECTION 12. SECTION 13. PURPOSE SCOPE POLICY ON EQUAL EMPLOYMENT OPPORTUNITY VIOLATION OF RULES AND REGULATIONS AMENDMENT OF RULES AND REGULATIONS ADMINISTRATIVE PROCEDURES VARIANCES • • • • • • • • • • EXISTING BENEFITS NOT:AFFECTED GENDER . . . . • . • • • . • . MANAGEMENT/EMPLOYEE COMMUNICATIONS MANAGEMENT RIGHTS RECORDS .•••. APPOINTING AUTHORITY 1 1 1 1 1 1 2 2 2 2 2 3 3 CHAPTER II CLASSIFICATION PLAN 4 CHAPTER III PAY PLAN CHAPTER IV RECRUITMENT SECTION 1- SECTION 2. SECTION 3. SECTION 4. SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. CLASSIFICATION PLAN ESTABLISHED MAINTENANCE OF PLAN PLACEMENT OF POSITIONS RECLASSIFICATION ... ... . PAY PLAN ESTABLISHED SALARIES . • • • • . USE OF SALARY RANGES ADVANCEMENT . • • • SALARY PROVISIONS AND THE ANNUAL BUDGET .. ..... ... ELIGIBILITY FOR EMPLOYMENT • EMPLOYMENT OF RELATIVES RECRUITMENT AREA • . . . . ANNOUNCEMENT OF VACANCIES APPLICATION FORMS . . . . DISQUALIFICATION OF APPLICANTS 4 4 4 4 5 5 5 5 5 5 7 7 7 7 7 7 8 CHAPTER V EXAMINATIONS .... . . ......9 SECTION 1.NATURE AND TYPE OF EXAMINATION SECTION 2.PROMOTIONAL EXAMINATION .•. i )..' 9 9 , > if ,~ CHAPTER VI FILLING OF VACANCIES •··•· · · · · ····10 \)SECTION QUALIFICATIONS FOR APPOINTMENT 10,1-···. SECTION 2.APPOINTMENT · ····· ····•·10 SECTION 3.PROBATION •· · ••••·•• • ••·•10 SECTrON 4.TEMPORARY APPOINTMENTS ·•··•·11 SECTION 5.RE-EMPLOYMENT AFTER MILITARY SERVICE 11 SECTION 6.PREFERENCE GIVEN TO EXISTING EMPLOYEES ·11 CHAPTER VII EMPLOYMENT BENEFITS AND OBLIGATIONS ··13 SECTION 1-HOURS OF WORK .· · ··13 SECTION 2.WORK BREAKS ····13 SECTION 3.DAYS OFF •· · •·•·•··•·13 SECTION 4.OVERTIME COMPENSATION ··13 SECTION 5.COMPENSATORY TrME ·o·•··14·SECTION 6.ATTENDANCE ··· ····14 SECTION 7.HOLIDAYS ··· · · · · ··•14 SECTION 7.5.HOLIDAYS FOR FIRE DEPARTMENT PERSONNEL 15 SECTION 8.HOLIDAY DURING LEAVE ·· ···· · · 15 SECTION 9.DOCTOR AND DENTIST APPOINTMENTS ··16 SECTION 10.PARTICIPATION IN COMMUNITY CLUBS AND SERVICE ORGANIZATIONS ···16 SECTION 1l.LEAVES .· ··· · ··· · ·· ···16 SECTION 12.VACATION ·· ··· · · ·····16 SECTION 13.FORFEITURE OF VACATION TIME 17 SECTION 14.REIMBURSEMENT FOR UNUSED VACATION TIME ·17 )SECTION 15.STEPPED-UP VACATION RIGHTS · · ·17 J SECTION 16.SICK AND DISABILITY LEAVE 18 SECTION 17 •CIVIL LEAVE WITH PAY 19 SECTION 18.LEAVE WITH PAY · · ·· ··20 SECTION 19.LEAVE WITHOUT PAY ····20 SECTION 20.MILITARY LEAVE · · ·· · ·20 SECTION 2l.ABSENCE WITHOUT AUTHORIZED LEAVE 20 SECTrON 22.MATERNITY LEAVE · · · · · ···21 SECTION 23.BEREAVEMENT ······ ····•21 SECTION 24.REGULATION OF OUTSIDE EMPLOYMENT 21 SECTION 25.EDUCATION INCENTIVE PAY 22 SECTION 26.GARNISHMENTS ··· · 22 SECTION 27.LONGEVITY · ·· · ·22 SECTION 28.SAFETY EQUIPMENT ··22 SECTION 29.PART-TIME EMPLOYEES 22 SECTION 30.USE OF CITY VEHICLES 23 SECTION 3l.DISABILITY INSURANCE 23 SECTION 32.FAMILY LEAVE ··24 SECTION 33.CHILD CARE LEAVE ··26 SECTION 34.SHARED LEAVE · · ··27 CHAPTER VIII TRANSFER,PROMOTION,DEMOTION,SUSPENSION,AND DISCIPLINE ··28.- SECTION 1.TRANSFER · · · 28 )ii • 33 33 33 33 34 32 32 32 32 32 28 29 29 29 30 • .. . . .. ·.. ·. ·.. .... • • ........ ..... .... .. . . . PURPOSE STATEMENT OF CITY POLICY PROCEDURE GRIEVANCE FORM PROMOTIONS • • • • • • • • • • • • • • DEMOTIONS • • • • • • • • SUSPENSIONS • • •••••• • DISCIPLINE • • • • • • • • • • • PREDISCIPLINARY HEARING •••••••• 1- 2. 3. SECTION SECTION SECTION SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. CHAPTER IX TERMINATIONS .. . SECTION 1-DISCHARGE SECTION 2.LAYOFF •.. SECTION 3.RESIGNATION SECTION 4.RETIREMENT CHAPTER X GRIEVANCE PROCEDURES CHAPTER XI EMPLOYMENT DEVELOPMENT SECTION 1. SECTION 2. SECTION 3. RESPONSIBILITIES TRAINING PROGRAMS EMPLOYEE'S TRAINING OBLIGATIONS .. ·. 36 36 36 36 ~CHAPTER XII PERFORMANCE MAPPING • • • • • • • • • SECTION 1.PERFORMANCE MAPPING PROCEDURE MAP FORM . 37 37 38 CHAPTER XIII HARASSMENT POLICY 40 SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. POLICY •• HARASSMENT PROHIBITED GRIEVANCE PROCEDURE INVESTIGATION OF COMPLAINTS DISCIPLINARY ACTION .. 40 40 40 41 41 CHAPTER XIV AFFIRMATIVE ACTION PROGRAM 42 SECTION 1- SECTION 2. SECTION 3. SECTION 4. POLICY STATEMENT/COMMITMENT PUBLICITY . . . . . . . . . RESPONSIBILITIES FOR IMPLEMENTATION PERSONNEL PRACTICES . . . • . • • . 42 42 43 45 )iii ) , CHAPTER I GENERAL PROVISIONS SECTION 1.PURPOSE: The purpose of these rules is to facilitate efficient service to the pUblic and to provide a personnel management system within the city government applicable to all employees of the various departments in a uniform manner. SECTION 2.SCOPE: In those instances where these rules and regulations conflict with collective bargaining agreements,or in cases where these rules conflict with civil Service rules and regulations, the provisions of the labor contract and/or the civil Service rules shall govern.In all other cases,these rules shall apply. SECTION 3.POLICY ON EOUAL EMPLOYMENT OPPORTUNITY: All appointments to,or personnel actions in connection with,any position or employee of the City of Marysville shall be made or taken without regard to race,color;creed;sex;age; marital status;national origin;non-disqualifying mental, physical,or sensory disability;political,labor or religious affiliation or non-affiliation;or the political or religious beliefs of any applicant or employee. SECTION 4.VIOLATION OF RULES AND REGULATIONS: Violation of any employee rule or regulation shall be grounds for disciplinary action. SECTION 5.AMENDMENT OF RULES AND REGULATIONS: Amendment to these rules and regulations shall be by resolution of the city.Council. SECTION 6.ADMINISTRATIVE PROCEDURES: When deemed necessary or proper for the purpose of enforce- ment or implementation of these rules and regulations,the city Administrator,with the approval of the Mayor,may adopt,amend, or rescind written administrative procedures which shall be circulated to all department heads and the city council prior to the effective date thereof,and placed on record in the office of the city Clerk of the City,together with these rules and regUlations.The same shall be open to public inspection during normal office hours. 1 ) ) SECTION 7.VARIANCES: The City Administrator,with the approval of the Mayor, shall have the power to vary or modify the strict application of the provisions of these rules and regulations in any case in which the strict application of said provisions would result in practical difficulties or unnecessary hardships.No such variance shall be construed as setting a precedent for other cases. SECTION 8.EXISTING BENEFITS NOT AFFECTED: All leave,vacation and holiday benefits of employees of the city Which have been earned as of the date of adoption of the employee rules and regulations by the city Council shall continue in full force and effect for such employees. SECTION 9.GENDER: Whenever words denoting the masculine or feminine gender are used in this document,they are intended to apply equally to either gender. SECTION 10.MANAGEMENT/EMPLOYEE COMMUNICATIONS: The Mayor,as the chief executive officer of the city,and the City Administrator,as the Mayor's assistant,shall maintain open communications with all City employees,and shall have un- restricted access to employee records. The city Council,as the legislative body of the city, should not initiate or accept communications with city employees on personnel matters without informing the Mayor or city Ad- ministrator of the same. SECTION 11.MANAGEMENT RIGHTS: Nothing in these rules shall be construed as affecting or abrogating the inherent exclusive rights of the city with respect to matters of general legislative or managerial policy,including the following:The exclusive right to determine the mission of the city's constituent departments,commissions and boards;to set standards for pUblic service;to determine the procedures and standards of selection for employment,promotion and dismissal; to direct and supervise all city employees;to take disciplinary action;to.relieve employees from duty because of lack of work; to terminate employees at will;to maintain the efficiency of governmental operations;to determine the methods,means and personnel by Which government operations are to be conducted;to 2 i ) take all necessary actions to carry out its mission in emergen- cies:and to exercise complete control and discretion over the city's organization and the technology of performing its work. SECTION 12.RECORDS: The Personnel Director shall maintain a personnel file for each employee containing all relevant employment information. Employment records shall be considered as confidential and shall be accessible only to the employee,department head or other officials as authorized by the Mayor or city Administrator. SECTION 13.APPOINTING AUTHORITY: Pursuant to RCW 35A.12.090 the Mayor shall have the power of appointment and removal of all city employees.The Mayor may delegate such authority,in whole or in part,to the city Administrator or to department heads. 3 CHAPTER II OJ SECTION 1. CLASSIFICATION PLAN CLASSIFICATION PLAN ESTABLISHED: An analysis of the duties and responsibilities of all positions of employment in the City has been conducted and classification plan has been adopted by the City Council. plan shall be subject to amendment by the city Council. SECTION 2.MAINTENANCE OF PLAN: a job Such The classification plan shall be periodically reviewed by the Personnel Director.Upon receiving approval by the city Ad- ministrator,recommendations by the Personnel Director shall be submitted to the city Council for adoption. SECTION J.PLACEMENT OF POSITIONS: All positions sification system. positions shall be of employment shall be placed Final decisions with respect made by the city Council. within the clas- to placement of ) SECTION 4.RECLASSIFICATION: Where the duties or responsibilities of a position have materially changed and reclassification of the position appears warranted,a request for such reclassification shall be submitted in writing by the appropriate department head to the Personnel Director.The Personnel Director shall evaluate the request and forward it,together with a recommendation,to the city Ad- ministrator.The City Administrator may request the City council to retain a professional consultant for further evaluation.All reclassifications must be approved by the City council.Any reclassification of civil service personnel shall first be approved by the Civil Service Commission. 4 ) '. CHAPTER III PAY PIAN SECTION 1.PAY PLAN ESTABLISHED: I / ) As part of the classification program,a compensation plan has been established which covers supervisory and salaried positions.The plan consists of a series of salary ranges graduated by standard percentage increments between two or more steps within each range.Each class of positions in the clas- sification plan is placed in a salary range.The compensation for each class reflects differences in duties and respon- sibilities.The pay plan for the city of Marysville is filed in the office of the Personnel Director. : SECTION 2.SALARIES: No employee shall be assigned to a salary range not in conformance with the salary schedule contained in the city classification plan.Some individual salaries may exceed the range because of previous salary assignments. SECTION 3.USE OF SALARY RANGES: The entry level for employees hired or promoted to a position shall be Step A in the Salary Range for said position. PROVIDED,that the Appointing Authority may authorize entry levels at any step within a Salary Range for employees hired with special experience or qualifications,or under special cir- cumstances,where higher remuneration is necessary and ap- propriate and serves the public interest. SECTION 4.ADVANCEMENT: Advancements from one salary step to another shall be in accordance with the number of months the employee remains in each step as set out in the step Plan.Eligibility for advancement to Step F or G shall occur as a merit increase after one additional year of service.Merit increases should originate at the request of the department head,and shall not be automatic.Denial of a step increase may be authorized by the department head:PROVIDED, that the employee so affected is served with written notification in advance outlining the reason for such action. SECTION 5.SALARY PROVISIONS AND THE ANNUAL BUDGET: All employees in the service of the City who occupy posi- tions which fall within the classifications prescribed by the City council shall be compensated according to the basic es- tablished salary ranges and steps set forth in the annual budget 5 ) -.., adopted by the city Council pursuant to the laws of the state of Washington.The annual bUdget,as adopted by the city council, shall be the final determining factor for the payment of employee compensation during the year to which said bUdget is applicable. : 6 CHAPl'ER IV , ) SECTION 1. RECRUITMENT ELIGIBILITY FOR EMPLOYMENT: Applicants shall be eligible for employment with the city of Marysville if they are legally authorized to work in the united States,if they possess the qualifications specified in the position classification,and if they are physically and mentally fit to perform the duties of the position. SECTION 2.EMPLOYMENT OF RELATIVES: The City discourages the practice of hiring a relative of the immediate family.These situations:will be handled on a case-by-case basis and will be left to the discretion of the City Administrator. SECTION 3.RECRUITMENT AREA: Individuals shall be recruited from a geographical area SUfficiently broad to assure obtaining well-qualified candidates for the position to be filled.Recruitment will normally follow promotion and transfer procedures insofar as they are consistent with the best interests of the city. "SECTION 4.ANNOUNCEMENT OF VACANCIES: The Personnel Director,with the assistance of the depart- ment concerned,shall prepare notices announcing vacancies 1n employment positions.such notices shall be posted at city of- fices for the benefit of City employees for a period of five (5) working days before they are made pUblic.Thereafter,notices shall be given such pUblicity as is deemed appropriate to reach prospective applicants who are qualified for the position.Such pUblicity shall be consistent with policies of the City's affirmative Action Program.All notices and other pUblicity material concerning position vacancies shall explicitly state that the city of Marysville is an equal opportunity employer. SECTION 5.APPLICATION FORMS: Applications shall be submitted on forms prescribed by the City Administrator.such forms shall provide information covering training,experience,references,and other data as deemed necessary.The form will be used to consider an applicant for all positions for which his or her qualifications might be properly used.All application forms must be signed by the applicant. 7 ! / · SECTION 6.DISQUALIFICATION OF APPLICANTS: Applicants may be disqualified for consideration for employment when any of the following facts exist: a.They cannot establish their united States citizen- ship,or their authorization to be employed in the United States as legal aliens,in compliance with the requirements of the Immigration Reform and Control Act of 1986; b.They do not possess the qualifications for the job; c.They are not physically or mentally fit to perform the duties of the job; d.They have demonstrated ~n unsatisfactory employ- ment record or personal record as evidenced by the results of a reference check; e.They have made false statements of any material facts or practiced deception in their application. 8 ·---------------------------------------------- ,0 ~-,.. CHAPI'ER V )EXAMINATIONS SECTION 1.NATURE AND TYPE OF EXAMINATION: An examination for a position may be written,oral,a measurement of physical fitness,or any combination thereof. Examinations shall consist of material that test the capacity and fitness of an applicant to perform effectively the duties of the position for which the examination is given.The necessity for an examination and type thereof shall be determined by the city Administrator. SECTION 2.PROMOTIONAL EXAMINATION: : Whenever,in the opinion of the department head,a qualified candidate(s)is available within the employ of the city,promo- tional examination and interview may be used as a means of assisting the department head in selection to fill a vacancy.If qualified employees are not available,the department head may request the assistance of the Personnel Director in seeking applicants not in the employ of the City. ) )9 ,) ------------------------------------------- CHAPl'ER VI FILLING OF VACANCIES SECTION 1.QUALIFICATIONS FOR APpoINTMENT: ) ) All appointments of city employees shall be made on the basis of ability and training or experience of the appointees in the duties they are to perform.Those qualities shall be determined through careful and impartial evaluation of: a.The level of training and experience of the applicant relative to the requirements of the position: b.The level of education of the applicant relative to the requirements of the position: c.The physical fitness of the applicant relative to the requirements of the position: d.The results of an oral interview: e.Whenever practical or necessary,the results of a valid competitive written examination or demonstration test. f.References. A fee to cover costs of testing may be required to be paid by any applicant for consideration or for selection for any position in the service of the city. SECTION 2.APPOINTMENT: All appointments of City employees shall be made by the Mayor or his designee. SECTION 3.PROBATION: A newly-hired or promoted employee shall have a probationary status for a period of six months.If an employee has previous- ly worked with the city,but has had a break in service due to some reasons other than a layoff or military service,he or she -shall again be assigned to a probationary status.Employees may be terminated with or without cause at any time during their probationary period.Near the end of said period the employee's department head will prepare a personnel performance evaluation, and submit the same to the City Administrator,with a copy being forwarded to the employee.The city Administrator may extend an employee's probationary period for one additional six-month period.At the end of probation,if an employee has not been terminated,he or she shall be deemed to be a full-status City employee. In the case of promotional appointments,the promoted employee shall be"placed in a probationary status and may be demoted at any time during the probationary period without 10 ,I ) ) ) appeal;PROVIDED,that the probationary employee is reinstated in the position from which he or she was promoted,even though this may necessitate the layoff of the employee occupying the position. SECTION 4.TEMPORARY APPOINTMENTS: Appointments to city employment other than on a permanent or probationary basis shall be considered temporary appointments. Temporary appointments shall be made by the appointing authority only for the following reasons: a.Asa SUbstitution .for a regular employee who is absent from his or her position: b.When recruitment difficulties make it impossible to make a regular appointment to·-a position; c.When bUdget appropriations provide only for temporary employment; d.During a state of emergency. Temporary appointments to part-time positions shall not entitle employees to any fringe benefits.Temporary appointments to full-time positions may entitle employees to fringe benefits. Temporary appointments shall serve at the pleasure of the Mayor. SECTION 5.RE-EMPLOYMENT AFTER MILITARY SERVICE: All permanent employees who take leave of absence to serve as a member of the Armed Forces of the united States shall,upon his or her honorable discharge or completion of reserve training, be re-employed at the request of the employee;PROVIDED,that the employee applies for a job suitable to the employee's demon- strated ability and qualifications within 90 days from discharge or release. SECTION 6.PREFERENCE GIVEN TO EXISTING EMPLOYEES: Whenever a vacancy occurs in a permanent job position,then- existing City employees shall be given first consideration for filling the vacancy,based upon their length of service with the City and their ability to perform the duties of the job.Among the City employees who apply for a job position,the following priorities of consideration shall be observed: 1st:Permanent full-time employees. 2nd:Permanent part-time employees (see Chapter VII, section 29). 3rd:Temporary full-time employees (see Section 4 above). 11 ;j ...-=j J 4th:Temporary part-time employees (see section 4 above)• 5th:Seasonal employees. For purposes of this section,volunteer fire fighters, police reserves and probationary employees shall not receive preferential consideration. : 12 ,-l CHAPl'ER VII .J EMPLOYMENT BENEFITS AND OBLIGATIONS SECTION 1.HOURS OF WORK: The normal work week for employees in the service of the City may be 40 hours,Monday through Friday.The standard work day shall be from 8:00 a.m.to 5:00 p.m.,with one hour for lunch.Due to the nature of their work,some departments may have different schedules,as determined by the city Ad- ministrator.If an employee knows that he or she will be late for work or absent because of illness or other reasons,it is the employee's responsibility to contact his or her supervisor prior to the start of shift to enable the supervisor to make the necessary arrangements to continue the:employee's functions while the employee is absent.Normal work week and conditions may be modified by the city Administrator in response to bUdget require- mentsor emergency conditions. SECTION 2.WORK BREAKS: ) ) City employees are entitled to a IS-minute break during each half-day shift.Breaks for office personnel should be taken in designated areas.Field employees and others should take their breaks on the job site or station premises.with the approval of the department head,work breaks may be taken in other than designated areas.Misuse of the work break privilege shall SUbject the offender to disciplinary action.It shall be the responsibility of the supervisors to enforce this rule. SECTION 3.DAYS OFF: Full-time employees,except for police and fire personnel, shall have two specified days off per week.In case of emergency or where required for the performance of essential pUblic services,an employee may be required to work on the days he or she is normally off. SECTION 4.OVERTIME COMPENSATION: Overtime shall be paid for each hour in excess of one-half hour of work beyond the normal 40 hours of work in a seven-day period for employees working standard eight-hour shifts. PROVIDED,that overtime must be approved in advance by the department head,except in emergency situations.An employee shall receive overtime pay to the nearest half hour.Overtime pay shall be calculated at 1.5 times the employee's base hourly rate on a non-pyramiding basis.The hourly rate of a salaried employee shall be determined by dividing the annual salary by 13 _.- ,. 2,080 hours.Department heads and other non-union supervisory personnel are not eligible for overtime compensation. SECTION 5.COMPENSATORY TIME: Department heads and other non-union supervisory personnel who are not eligible for overtime compensation,and any other employees designated by the city Administrator,shall be eligible for compensatory time.Compensatory time shall only be granted upon prior approval by the city Administrator,or his designee. It shall be scheduled as soon as possible after accrual and with due regard for the wishes of the employee,insofar as this can be accomplished without detracting from the sound and orderly administration of the department involved.Accruals of not more than 40 hours may be carried over to the following calendar year. The purpose of compensatory time is to allow an employee short periods of time for personal business.:It is not to be used as an additional vacation benefit.No employee may take more than 2 days (or 2 shifts)of compensatory time off at anyone time. Earned or accrued compensatory time will be documented on city forms,including the date,number of hours,and the activity for which compensatory time is being claimed.Compensatory time will not accrue until a minimum of one-half hour has been earned.An employee cannot convert compensatory time to cash compensation under any circumstances. SECTION 6.ATTENDANCE: Employees are expected to be ready in all respects for work and at their place of work in accordance with the personnel rules and regulations regarding hours of work,holidays and leaves. All departments shall keep daily attendance records.An employee shall not be absent from work for any reason other than those specified in these rules and regulations without making prior arrangements with his or her supervisor.Any unauthorized absence of an employee from work may be cause for disciplinary action. SECTION 7.HOLIDAYS: The following days shall be considered as holidays for all full-time employees,except for uniformed ranks of the Police and Fire Departments: HOLIDAY New Year's Day Martin Luther King's Birthday President's Day Memorial Day 4th of July Labor Day 14 DATE TO BE OBSERVED January 1 3rd Monday of January 3rd Monday of February Last Monday in May July 4 1st Monday in September veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday \j ) ., November 11 4th Thursday in November 4th Friday in November December 25 Employee's choice,subject to stipulations below If any such holiday falls on a Saturday,it shall be observed on the preceding Friday.If any such holiday falls on a Sunday,it shall be observed on the following Monday.An employee must work the day preceding and the day following a holiday or holiday weekend to receive holiday pay,unless the employee is on authorized sick leave,vacation time,or on compensated time:sick leave for said days will not be approved without certification from a bona fide medical doctor that the employee was in fact sick,or without specific approval by the City Administrator.; Employees,except department heads and other non-union supervisory personnel,whose regUlar work schedule requires them to work on any of the listed holidays shall receive wages at the half-time rate of pay in addition to their regUlar pay.Tem- porary,seasonal employees shall not be entitled to holiday pay unless otherwise approved by the city Administrator.Authorized holidays which occur during vacation shall not be charged against vacation time. All regUlar full-time employees who have been continuously employed by the city for six months are eligible to take a floating holiday with pay.Those'who have been employed for less than six months in a calendar year do not earn a floating holiday for that year.The employee must give 14 days'notice prior to the requested day on floating holiday and will be subject to approval by the department head.The floating holiday must be taken during the calendar year or it will be lost to the em- ployee. SECTION 7.5.HOLIDAYS FOR FIRE DEPARTMENT PERSONNEL: In lieu of holiday privileges specified in Section 7 above, all full-time uniformed personnel of the Fire Department shall receive five shifts worth of holiday time per calendar year. Said shifts shall be scheduled with the consent of the Fire Chief and the city Administrator.Holiday benefits shall be prorated for partial years of employment. SECTION 8.HOLIDAY DURING LEAVE: When a holiday falls within a period of paid leave,the holiday shall not be counted as a leave day in computing the amount of leave debited. 15 .. SECTION 9.DOCTOR AND DENTIST APPOINTMENTS: If an employee needs to see a doctor or dentist during the scheduled work day,sick leave time may be used.Use of lunch periods for such appointments is encouraged. SECTION 10.PARTICIPATION IN COMMUNITY CLUBS AND SERVICE ORGANIZATIONS: It is in the public interest to have city employees actively and visibly participating in clubs and organizations dedicated to public service within the greater Marysville community.All City employees are encouraged to join such clubs and organizations. Upon receiving prior approval from the city Administrator, attendance at meetings and functions of such clubs and organiza- tions shall be allowed during working hours.All membership costs and expenses shall be borne by the employees themselves. SECTION 11.LEAVES: The following types of leaves are officially established and shall be in effect unless otherwise provided:Vacation,sick Leave,Disability Leave,Jury Service,Leave with pay,Leave without Pay,Military Leave,Maternity Leave,Bereavement Leave, Family Leave,Child Care Leave. SECTION 12.VACATION: ..';Vacation for members of.collective bargaining units shall be }earned at the rate specified within the collective bargaining agreement.vacation allowance shall be earned by permanent non-union employees on a monthly basis according to the following schedule: YEARS OF EMPLOYMENT 1 through 2 3 through 5 6 through 10 11 12 through 13 14 through 15 16 through 17 18 through 19 20 and more DAYS OF VACATION 10 -t.,.V7 12 _~ 15 -/0 20 _13.33 21-/6'i/1'1.-~Ii{ _22 /'I.(pI, 23 15'.3'3 24 /~.()t> 25 /fD."1 FULL-TIME UNIFORMED PERSONNEL OF THE FIRE DEPARTMENT: YEARS OF EMPLOYMENT SHIFTS OF VACATION ) 1 through 4 5 through 9 16 4 shifts ( 96 6 shifts (144 hours)r hours) J.J. :J~;"/l.s ~I~ /l rt',{'"/Q ~/ --------------------------------------- 10 through 19 20 and more 8 shifts (192 hours)Ji~ 10 shifts (240 hours)~o : vacation may be taken as it is accrued after the employee has completed his probationary period. The maximum allowable accumulation of unused vacation time shall be the number of vacation days which the employee could have earned over a period of two years. vacation will not accrue if an employee is on leave or suspension without pay for 11 or more days in one month (88 working hours in one month). Temporary or seasonal employees shall not be entitled to vacation benefits. In the event a holiday falls within an employee's vacation period,it shall not be counted as a day of vacation. vacations shall be scheduled at such times as the Department Head and city Administration find most suitable after considering the wishes of the employee and the requirements of the Depart- ment. SECTION 13.FORFEITURE OF VACATION TIME: Any vacation earned which exceeds the maximum accumulation allowable shall be forfeited by the employee.Each department may allow an employee (upon that employee's anniversary date)to take vacation which would be invalidated by virtue of the accumulation beyond the maximum,subject to the operating efficiency of the City. SECTION 14.REIMBURSEMENT FOR UNUSED VACATION TIME: A maximum of 240 hours of the employee's accumulated vacation will be paid as severance pay upon voluntary termination or permanent reduction in force after one year of continuous service with the city;PROVIDED,that in the case of voluntary termination the employee must give the City two weeks'notice prior to separation or forfeit said payment for accumulated vacation. SECTION 15.STEPPED-UP VACATION RIGHTS: In the discretion of the appointing authority,at the time of hiring a City Administrator or a department head,such employee may be granted stepped-Up vacation rights as if said employee had worked for the city for up to five years. 17 ," \) )./ SECTION 16.SICK AND DISABILITY LEAVE: a.Sick Leave:Sick leave with pay accrues at the rate of one working day of sick leave for each month of continuous full time service.sick leave will not accrue if an employee is on leave of suspension without pay for 11 or more days in one month (88 working hours in one month). Sick leave shall be granted for the following reasons:(1) personal illness or physical incapacity resulting from causes beyond the employee's control;(2)enforced quarantine of the employee by a physician;(3)sUbject to the approval of the City Administrator an employee may use sick leave in an instance of illness in the immediate family requiring the employee's absence from work;(4)doctor or dentist appointments;(5)maternity conditions referred to in section 22 below. When an employee goes on sick leave,he or she must notify the supervisor immediately.Failure to do so may result in denial of sick leave pay. Absence for part of a day for reasons in accordance with these sick leave provisions shall be charged against accrued sick leave in an amount not less than one-half hour minimum and one-half hour increments. Holidays and other regular days off shall not be charged against sick leave. New hired probationary employees shall be eligible for paid sick leave only with approval of the city Administrator. If an employee is absent due to illness or injury for which he or she is receiving payment from State Industrial Insurance, LEOFF,or other State-mandated plan,the city's obligation shall be limited to the difference between the employee's regular wages and the amount received from the State. Each employee may accumulate up to a maximum of 180 days of sick leave.Within the last two years prior to an employee's retirement from the city,the employee shall be allowed to convert accumulated sick leave in excess of 60 days into vaca- tion.Such conversion shall be at a ratio of one day of vacation for each four days of sick leave.Sick leave which is converted into vacation must be taken prior to retirement and shall not,in any case,be remunerated on a cash basis. A supervisor may request reasonable proof of illness.In cases where absence extends beyond five consecutive working days duration,the employee shall submit a medical certificate signed by a physician stating the nature of the sickness or injury that the employee has been incapacitated by during the period of 18 ,. absence,and that the employee is again physically able to perform his duties • .)b.Disability Leave:In the event of an injury to an employee during the course of his employment which results in temporary,total disability,said employee shall be eligible for salary continuation which shall be computed at the difference between the state Industrial compensation and his actual salary for a period of his actual receipt of the state Industrial Insurance compensation,up to a maximum of six months.Defini- tion of an employee's entitlement to disability leave shall be based upon Title 51 RCW.Provided,that injuries resulting from an employee's willful negligence shall not entitle said employee to disability leave. An employee promoted to fill a vacancy created by an employee on disability leave shall hold such position sUbject to the return of the employee.The employee affected by the return shall be restored to the position he or she had held previously, or any other equivalent position. A new employee hired to fill a vacancy created by an employee on disability leave shall hold such position sUbject to the return of the employee.The employee affected by the return shall be placed in any comparable vacant position that may exist, or if no such position exists,may be sUbject to layoff. \ ) Disability leave shall not apply in cases of permanent, total disability as defined in Title 51 RCW,or disability retirement as defined in Chapter 41.40 RCW. c.Concurrent sick Leave and Disability Leave.Sick leave and disability leave shall run concurrently.Provided,that during any period that an employee is receiving state industrial insurance disability payments,or is allowing the same to be paid directly to the city,such employee shall be concurrently assessed for sick leave only in the proportionate amount that the city is required to supplement such payments with its own funds to continue the employee's salary at its regular rate. SECTION 17.CIVIL LEAVE WITH PAY: It is the civic obligation of each employee to serve on a jury if he or she is called.While on jury duty or while appearing as a legally-required witness on behalf of the City,an employee will receive full pay from the City.Duplicate court pay should be returned to the City.Court payments for travel are to be retained by the employee. 19 ,. SECTION 18.LEAVE WITH PAY: Employees may request leave of absence with pay.Each request shall be judged by the City Administrator on its merits and per the guidelines of the appropriate section.Such leaves include civil leave,military leave,conferences and conventions. SECTION 19.LEAVE WITHOUT PAY: The City Administrator may grant leaves of absence without pay in appropriate circumstances.In order to receive leave without pay,the employee must submit a written request to the city Administrator after obtaining the permission of his or her department head.Failure to return upon expiration date of the leave may be cause for dismissal. SECTION 20.MILITARY LEAVE:: ) / ) An employee of the city who is a member of the State National Guard or United States Reserve Military unit shall be entitled to be absent from his or her duties with the city,with full pay,for up to 15 calendar days during each calendar year to engage in the performance of officially-ordered military duty, and while going to or returning from such duty in accordance with the laws of the United States or the State of Washington.such military leave shall be in addition to any other leave or vacation benefits.Military pay compensation for this purpose shall be retained by the employee.Employees who are called or volunteer for service in the Armed Forces of the United States or the National Guard shall be entitled to be considered for reinstatement in accordance with the laws of the united States or the State of Washington. An employee promoted to fill a vacancy created by an employee serving in the Armed Forces shall hold such position subject to the return of the service employee.The employee affected by the return shall be restored to the position he or she held previously,or any other equivalent position. A new employee hired to fill a vacancy created by an employee serving in the Armed Forces shall hold such position sUbject to the return of the service employee.The employee affected by the return shall be placed in any comparable vacant position that may exist,or if no such position exists,may be subject to layoff. SECTION 21.ABSENCE WITHOUT AUTHORIZED LEAVE: Absence not on duly-authorized leave shall be treated as absence without pay,and in addition may be grounds for discipli- nary action. 20 ) -"-, I ) ., SECTION 22.MATERNITY LEAVE: Disabilities caused or contributed to by pregnancy,miscar- riage,abortion,childbirth,and recovery therefrom are,for all job-related purposes,to be considered temporary disabilities. Accrued sick leave may be used for childbearing or related circumstances (e.g.,miscarriage,abortion,or recovery there- from).If the period of disability because of childbirth or related circumstances extends beyond the employee's accrued sick leave,then she may be placed on leave without pay when the above occurs.The employee must work out the conditions of the leave of absence with the city Administrator and her department head. To be eligible for sick leave because of childbearing or related circumstances,a female employee shall give the City four weeks'notice,if possible,of her anticipated date of departure and intention to return.For purposes:of this rule,a three to four-week period of recovery after childbirth or related cir- cumstances shall be considered reasonable in the absence of extenuating circumstances.Women employees will not categorical- ly be denied the opportunity to work during the entire period of pregnancy,but may continue working as long as the individual and her physician concur in her ability to work and the demands of her job are satisfied. Proof of the physician's concurrence should be submitted at regular intervals during the employee's pregnancy when requested by the city Administrator. Upon return from maternity leave an employee shall return to her same position,or a similar position with the same pay. SECTION 23.BEREAVEMENT: An employee may be granted up to three days of leave by the City Administrator without loss of pay because of death of a member of his or her immediate family."Immediate family"shall mean spouse,child,parent,grandparent,sibling or in-law.The City Administrator may extend the bereavement leave for up to two additional days if the deceased person is out of state or if other extenuating circumstances exist. SECTION 24.REGULATION OF OUTSIDE EMPLOYMENT: No employee shall hold a job with an outside employer or be self-employed if outside work contributes to reduced effective- ness on the job.In such case,an employee will be given the alternative of terminating employment with the City or the outside employment.If an employee is injured as a result of an accident on the outside employment,the other employer's benefits must be used to the degree available before receiving coverage from the city's benefit plans. 21 r---------------------------------------------- ., SECTION 25.EDUCATION INCENTIVE PAY: There shall be an education incentive program available to all pel1llanent,fuII time City employees.An employee's pay may be increased by 3\for 46 credit hours of schooling,and 6\for an associate degree directly pertaining to the job. SECTION 26.GARNISHMENTS: An employee who has had his or her earnings garnished for the satisfaction of more than two judgments within a l2-month period will be discharged unless the city Administrator deter- mines that the employee should not be discharged because of extenuating circumstances. SECTION 27.LONGEVITY:: ) No employee of the city shall receive any additional compensation or fringe benefits by reason of longevity except as specifically provided in these rules or in the dUly-adopted pay plan of the City. SECTION 28.SAFETY EOUIPMENT: As a required safety item,the City will furnish steel-toed boots,hard hats,vests,goggles,gloves,etc.for any employee whose job requires such items.Uniforms and clothing shall be worn and maintained in a neat and clean condition,at the employee's cost.If necessary for the job,the City will provide two uniforms per year:or the city may rent uniforms for em- ployees. SECTION 29.PART-TIME EMPLOYEES: This section refers to "permanent part-time employees" defined as follows: A person who fills a permanent and continuing employ- ment position of the city on a part time basis,and who works a minimum of 90 hours per month;PROVIDED,that if said per.son had prior service under Washington state Retirement System Plan I,the minimum hours worked shall be 70 hours per month. Permanent part-time employees shall participate in the retirement system;they shall be entitled to the same medical insurance coverage offered to full-time employees;except that there shall be no coverage for dependents and there shall be no coverage for dental or vision benefits;and they shall be entitled to accrual of vacation and sick leave at 50%of the rate allowed for full- time employees. 22 ,I ) SECTION 30.USE OF CITY VEHICLES: a.No employee may use a vehicle owned or leased by the city for personal purposes,other than de minimis personal use (such as a stop for lunch during a business trip).When a city vehicle is not being used for business of the City,it shall be parked at a designated location on premises owned by the city. b.As a necessary part of their job performance,the following city employees are required to have city vehicles at their disposal 24 hours per day,and shall use such vehicles to commute between their homes and their place of business,sUbject to the rules provided in paragraph C below:city Administrator; Police Chief;Fire Chief;Public Works Director;utility Superin- tendent;Street Superintendent;Compliance Officer;On-Call Utility Laborer;Police Lieutenant;Police Detectives;and Fire Marshal.' c.The following rules shall apply to employees who use City vehicles for commuting purposes: (1) personal personal trip,or business Employees are not allowed to use City vehicles for purposes other than commuting and de minimis use (such as a stop for lunch during a business a stop for a personal errand on the way between a stop and the employee's home); J (2)The City shall include the sum of $0.21 per mile in its accounting of an employee's gross income for each mile that the employee uses a city vehicle for commuting purposes.Provided,that this rule shall not apply to the following exempt vehicles:clearly marked police or fire vehicles,unmarked law enforcement vehicles,and qualified, specialized utility repair trucks. d.All City vehicles shall be marked with the City name and/or insignia in accordance with RCW 46.08.065,except speci- fied police vehicles. SECTION 31.DISABILITY INSURANCE: a.Full time employees of the following city Departments shall be eligible,on a voluntary basis,to purchase disability insurance,by payroll deduction,through a program offered by the Association of Washington Cities: Municipal Court Finance Planning Street Fire (LEOFF II employees only) Engineering Police (LEOFF II and PERS I and II employees only) 23 •• b.Additional departments may be added to this insurance plan only if they obtain 85%participation among their employees. c.There will be no cost to the City for this insurance program. d.Disability benefits under this program will commence 90 days after an employee becomes disabled.During the period that an employee is receiving disability benefits,said employee shall not be required to use his accumulated sick leave.During said period the employee shall become ineligible for benefits under the City's health insurance programs. SECTION 32.FAMILY LEAVE: a.Eligibility.Any permanent full-time employee who has averaged at least 35 hours of employment per week on a continuous basis for the past year is eligible for family leave as set forth in this policy. b.Applicability.This policy allows an employee to take family leave for the following two purposes: (1)To care for the employee's newborn child or adopted child under the age of 6;or (2)To care for a child under 18 years of age who is SUffering from a terminal health condition.Only biological or adoptive children or stepchildren who are living with the employee are included. c.Maximum Leave Allowed.The maximum family leave allowed shall be 12 work weeks during any 24 month period.The maximum 12 week family leave period shall be in addition to any leave allowed pursuant to Section 22 of the city policy entitled "Maternity Leave." d.conditions for Taking Family Leave. (1)The family leave provided for in this policy shall be unpaid.Provided,however,an employee may request and the City Administrator may allow the use of accrued vacation or accrued compensatory time during part or all of the leave. (2)Leave taken for the care of a newborn or newly-adopted child must be completed within 12 months of the child's birth or placement for adoption.Family leave for care of a terminally-ill child is restricted to one leave per child during any 24 month period. 24 ) •• (3)In any dispute regarding premature birth, maternal disability,incapacitation of the mother,or terminal condition of a child,the city may require confirmation by the employee's doctor of:(1)the date of the birth:(2)the date on which incapacity or disability because of pregnancy or childbirth com- menced,or will probably commence,and its probable duration:or (3)the fact that the child has a terminal health condition.The city may,at the city's expense, obtain an opinion from a second doctor of the employer's choosing regarding this same information. If the two doctors disagree on any factor that is determinative of the employee's leave eligibility,they shall select a third doctor whose opinion,obtained at the city's expense,shall be concl~sive. (4)In a case where both parents are employed by the City,they are entitled to an aggregate of 12 work weeks of leave in a 24 month period.Such leave shall be granted to only one parent at a time. e.Notice.An employee must give at least 30 days' written notice in advance of the anticipated date of birth or adoption of a child,stating the dates during which the employee intends to take family leave.An employee must give at least 14 days'advance written notice for a leave due to a child's terminal illness if the need for this leave is foreseeable.The City Administrator may,under special circumstances,authorize family leave upon shorter notice as provided by RCW 49.12. f.Return From Leave.Upon returning from family leave, the employee is entitled to the same position held when the leave commenced,or a position with equivalent benefits and pay.This entitlement does not apply in certain situations,such as: (1)When the employee's position is eliminated in a reorganization or reduction in force; (2)The employee takes another job while on family leave;or (3)The employee fails to provide timely notice of family leave or fails to return on the established date. g.Benefits.An employee on family leave shall not lose any benefits including,but not limited to,seniority or pension benefits accrued before the start of leave.The city will continue payment of medical insurance benefits during the first 30 days of family leave.Thereafter,the employee may continue medical insurance coverage at his/her own expense. )25 ",I h.Family Leave Distinguished From Child Care Leave.This policy is intended to apply solely to a situation where a parent must take leave to care for his/her newborn child or adopted child under the age of 6 or to care for a child under 18 years of age who is sUffering from a terminal health condition.As such, this policy is adopted pursuant to SHB '1581,effective September 1,1989,and shall be construed consistent therewith. SECTION 33.CHILD CARE LEAVE: a.Any permanent full-time or permanent part-time employee who has a child under the age of 18 with a health condition that requires treatment or supervision as defined in Section b herein,may use the employee's accrued sick leave to care for the child,provided that:: (1)New employees are not entitled to use sick leave until successful completion of the applicable probationary period unless otherwise provided for by the appropriate bargaining agreement. (2)Other members of the household must be unavailable to provide the care as needed.It shall be the responsibility of the employee to provide the necessary verification. (3)For absences over three days,an employee shall SUbmit a signed medical statement from a physician certifying that the child's health condition warrants parental supervision or treatment. b."Health condition that requires treatment or super- vision"is defined as: (1)Any medical condition requiring medication that the child cannot self-medicate: .~.'. (2)Any medical or mental health condition Which would endanger the child's safety or recovery without the presence of a parent or guardian:or (3) care such services, Any condition warranting preventative health as physical,dental,optical or immunization which a parent must be present to authorize. c."Child of the employee"is defined as any child under the age of 18 who is: (1)The natural offspring of the employee: 26 ) ·, (2)The adopted child of the employee: (3)The natural or adopted child of the employee's spouse:or (4)Is under the employee's legal guardianship, legal custody,or foster care. d.Nothing in this policy shall be construed to limit the ability of the City to take corrective action or appropriate disciplinary action to address sick leave abuse or excessive sick leave usage. SECTION 34.SHARED LEAVE: a.Intent.The purpose of:shared leave is to permit City employees,at no additional employee cost to the City other than the administrative costs of administering the program,to come to the aid of a fellow city employee who is SUffering from an extraordinary or severe illness,injury, impairment,or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment. b.A Department Director,with the Mayor's approval, may permit any full-time,non-temporary employee to receive shared leave if: (1)The employee SUffers from an illness,injury, impairment,or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause,the employee to go on leave without pay status or to terminate his or her employ- ment with the City. (2)The employee has depleted or will shortly deplete his or her total of accrued vacation,sick leave,compensatory time,holiday time,and/or other paid leave. (3)Prior to the use of shared leave,the employee has abided by the City's sick leave policy in good faith. (4)The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits,and has no disability benefits available at this time. (5)The use of shared leave will not signifi- cantly increase the City's costs,except for those 27 "\ j ) ) ·, costs which would otherwise be incurred in the admin- istration of this program or which would otherwise be incurred by the employee's department. c.The Department Director,with the concurrence with the Mayor,shall determine the amount of shared leave,if any,which an employee may receive under this policy.The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition.An employee shall not receive more than a total of 131 days of shared leave throughout the employee's employment.To the extent possible,shared leave should be used on a consecutive basis. d.Employees may request their Department Director to approve the transfer of a specified amount of-accrued vacation leave to an employee who is authorized to receive shared leave as provided herein.In order to be eligible to donate vacation leave,an employee must have a total of more than ten (10)days of accrued vacation leave,have taken at least ten (10)days of vacation leave within the calendar year,or have a total of accrued and used vacation leave of greater than ten (10)days for the calendar year. Transfers shall be in increments of one day of leave.In no event shall a transfer of leave be approved which would result in an employee reducing his or her total vacation leave in a calendar year to less than ten (10)days.When reviewing police employees,the Police Chief may also consider whether additional adequate time off will be provided through compensatory and/or holiday leave unique to the department.The Department Director shall not transfer vacation leave in excess of the amount specified in the request.All donations of leave shall be voluntary.The Department Director shall determine that no significant increase in city costs will occur as a result of a donation of leave. e.Leave may be transferred from employee(s)from one department to an employee of the same department,or,with the concurrence of both Department Directors,to an employee of another department. f.While an employee is on shared leave,he or she will continue to be classified as a City employee and shall receive the same treatment,in respect to salary and benefits,as the employee would otherwise receive if using vacation leave.Shared leave time shall not be counted as hours worked for any probationary period,nor shall seniority,vacation time or sick leave be accrued while an employee is on shared leave time. 27 a -_. ) / ·, (1)All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave. (2)The employee's salary rate shall not change as a result of being on shared leave nor,under any circumstances,shall the total of the employee's salary and other benefits including,but not limited to, state industrial insurance or any other benefit received as a result of payments by the City to an insurer,health care provider,or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status. g.Vacation leave shall be transferred on a dollar- for-dollar basis.The value of the leave shall be deter- mined at the current hourly wage of the transferror and the leave available to the receiving employee shall be calcu- lated at the receiving employee's wage. h.The Personnel Director shall be responsible for computing the values of donated leave and shared leave,and shall also be responsible for adjusting the accrued leave balances to show the transferred leave.The Finance Director shall determine the appropriate fund transfers and bUdget amendments as needed for City Council action. Records of all leave time transferred shall be maintained in the event any unused time is returned at a later date. i.The value of any leave transferred which remains unused shall be returned at its original value to the employee or employees who donated the leave.The Department Director shall determine when shared leave is no longer needed.To the extent administratively feasible,the unused leave shall be returned on a pro rata basis. j.The Personnel Director shall monitor the use of shared leave to insure equivalent treatment for all employ- ees of the city.Inappropriate use or treatment of the shared leave provision may result in the cancellation of the donated leave or use of shared leave. k.This program has been established as a pilot program of the city SUbject to review within one calendar year ..The City,in its sole discretion,may cancel this program.Participation in the program shall be predicated upon a receipt from each affected bargaining unit of a written waiver by the appropriate Union bargaining represen- tative indicating that the Union understands that the program is a pilot program,agrees that the program shall 27 b ,, \ ) not establish a past practice by the city or otherwise obligate the city to continue the program and acknowledging that the City may cancel the program at any time or review it on one-year increments,extending it from time to time as the city,in its sole discretion,shall determine appropriate. 27 c ....-' ~.•j CHAPl'ER VIII TRANSFER,PROMOTION,DEMOTION,SUSPENSION,AND DISCIPLINE SECTION 1.TRANSFER: Upon recommendation of a department head to meet the needs of a city,or following a request by an employee,a transfer may be made by the city Administrator.No employee may transfer to a position for which he or she does not possess the qualifications. A new probationary period shall begin following the granting of a transfer.A transfer shall not.be used to circumvent regulations regarding promotions,demotions,or terminations. SECTION 2.PROMOTIONS: Vacancies in positions may be filled by promotions of employees in the service of the city or by a candidate not presently in the city's employ.Promotions must involve a definite increase in duties and responsibilities and shall not be made merely to affect an increase in the employee's compensation. Vacancies in positions above the entrance level shall be filled by a promotion whenever in the judgment of the city Administrator it is in the best interest of the city to do so. Promotions shall be on a competitive basis,except where the City Administrator finds that the number of persons qualified for promotion is insufficient.Promotions shall give appropriate consideration to the applicant's qualifications,record of performance,seniority,and tenure. It is the policy of the City to attempt to allow inter- departmental transfers for promotions wherever possible.The Personnel Director will post a notice of a job opening within the city departments for four working days prior to having publica- tion outside the city departments. An employee promoted to a new position having a higher pay range shall receive a salary increase as follows: a.If the rate of pay in the lower position is below the minimum rate for the higher position,the rate of pay shall be increased to the minimum rate of the higher position: b.If the rate of pay in the lower position falls within the range of pay for the higher position,the employee shall be advanced to the next higher step. J 28 ) ,. SECTION 3.DEMOTIONS: The Mayor or his designee may demote an employee in those instances where the employee has been promoted to a position the responsibilities of which are beyond the capability of the employee.Demotion shall be applied only after a thorough evaluation by the department head,supervisor,and city Ad- ministrator,and only after adequate written warning.No employee shall be demoted to any position for which he or she does not possess the qualifications. A demotion may be authorized by the city Administrator for any employee who requests it or to prevent a layoff.Any demotion to prevent layoffs may be reversed when the employee's previous position is reinstated or reopened. SECTION 4.SUSPENSIONS:: Insubordination; Failure to comply with the instructions of a super- The Mayor or his designee may suspend an employee from his position without pay at any time for cause.All suspensions shall be without pay.No suspension shall be for a period longer than thirty calendar days.No seniority,leave or other employee benefits will accrue during the period of the suspension to any employee,regardless of the reasons therefor. The city Administrator shall set forth in written form all facts leading to the reason for the suspension,and shall inform the employee so that he is fully aware of the reasons for such action.The original copy of the written disciplinary action shall be placed in the employee's personnel file and a copy given to the employee. SECTION 5.DISCIPLINE: All employees may be sUbjected to disciplinary action for cause inclUding but not limited to: a.Drinking intoxicating beverages or the use of non-prescription controlled substances on the job,or arriving on the job under the influence of intoxicating beverages or non-prescription controlled substances; b.Failure or refusal to fulfill the job requirements of the position assigned or instructions given by a super- visor; c. d. visor; e.Being absent from work without first notifying and securing permission from the supervisor; f.Being habitually absent or tardy; g.Refusal to work overtime or standby as determined by the supervisor; 29 \ .) ·, h.In supervisor position,the inability to plan, organize,and direct the work of subordinate employees; i.In executive positions requiring initiative and independent judgment,the inability to perform except under excessive supervision by the city Administrator; j.Participation in a strike,work stoppage,work slow-down,or sick-out; k.Abuse of sick leave; 1.Habitual failure to maintain a satisfactory working relationship with other employees or the pUblic; m.Failure to observe and comply with safety regula- tions; n.Any act or conduct detrimental to the good of the city service; o.Theft,destruction or gross neglect in the use of city property;unauthorized use of City equipment and/or supplies;~ p.Deliberate discourtesy to the pUblic; q.Use of an official position or authority for personal profit or advantage; r.Falsification of city records; s.Any other offense against the public interest; t.Failure to have a current Washington state driver's license,if the same is required for the position; u.Conviction of a felony or any misdemeanor which relates to the employee's scope of duties.An employee may be placed on suspension by the City Administrator pending outcome of a criminal charge if circumstances warrant. The degree of discipline administered shall depend on the severity of the infraction and must be in accordance with any applicable labor contract or civil service rules and regulations. SECTION 6.PREDISCIPLINARY HEARING: The City Administrator shall provide and arrange for a predisciplinary hearing prior to demotion,suspension or dis- charge of any employee.The following rules shall govern the conduct of such hearings: a.The City Administrator shall provide the employee with written notice of the cause for discipline,and a summary of the City's evidence relating to the same.Said notice shall advise the employee of his right to a predis- ciplinary hearing.In extraordinary circumstances,the City Administrator may suspend an employee,with pay,pending the scheduling of such a hearing. b.The employee may have legal counselor union representation at the predisciplinary hearing.Said hearing shall be held before the city Administrator,or his desig- nee.The hearing shall be informal.The employee or his 30 ,, ) representative shall be given an opportunity to respond to all charges,orally or in writing. c.The city's explanation of the evidence at the predisciplinary hearing shall be sufficient to apprise the employee of the basis for the proposed action.This rule, however,shall not be construed to limit the City at a SUbsequent hearing from presenting a more detailed and complete case,including presentation of witnesses and documents not available at the predisciplinary hearing. d.After the predisciplinary hearing,if the Mayor determines that discipline is appropriate,written notice of the same shall be given to the employee.Such notice shall include the charges against the employee and a general statement of the evidence supporting the charges. 31 CHAPI'ER IX TERMINATIONS SECTION 1.DISCHARGE: All city employees serve at the pleasure of the Mayor. SUbject to any applicable state or federal laws,or specific provisions in employment contracts,the Mayor,or his designee, may discharge any employee at any time with or without cause. SECTION 2.LAYOFF: If it becomes necessary to reduce the number of employees employed by the City,the City Administrator,after consultation with the department head,may abolish any position.Layoffs may result from lack of work,bUdgetary restrictions,or other changes that have taken place.The employee to be'laid off shall be given fourteen 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 is qualified. In determining Who in any classification is to be laid off, consideration will be given to individual performance and then to seniority in the positions to be affected.The city Ad- ministrator shall place the names of employees laid off on an eligibility list for recall.The list shall remain active for two years. SECTION 3.RESIGNATION: An employee desirous of resigning his or her position in good standing may submit a written resignation to his or her department head at least two weeks prior to the effective date of resignation.The two-week notice may be waived by the department head.Notification of the resignation shall be sent by the department head to the city Administrator as soon as possible. SECTION 4.RETIREMENT: Uniformed employees shall be eligible for retirement as specified by the Law Enforcement Officers and Firefighters Retirement System.Nonuniformed personnel shall be eligible for retirement as specified by the PUblic Employees Retirement System.Persons not eligible for the LEOFF Retirement System may be eligible for an alternative plan.The employee and employer both contribute a percentage of employee salary into the system on a monthly basis. 32 ,, • CHAPTER X GRIEVANCE PROCEDURES SECTION L PURPOSE: The purpose of the grievance procedures shall be: a.To enhance desirable employee relations by es- tablishing a grievance procedure on matters for which an appeal and hearing are not otherwise provided in these rules and regulations: b.To afford all employees a means of obtaining further consideration of problems when they remain un- resolved at the supervisory level: c.To provide for timely reSolution of grievances. SECTION 2.STATEMENT OF CITY POLICY: The city is desirous of the most effective accomplishment of its work and requires prompt consideration and equitable adjust- ment of all grievances.Department heads,supervisors,and employees are expected to make every effort to resolve problems satisfactorily,before a formal review of higher levels of management is established. SECTION 3.PROCEDURE: a.All grievances for employees not in bargaining units shall be settled as provided in this section: b.If an employee has a grievance,he or she must first submit it in writing to his or her direct supervisor within five working days of the alleged violation: c.In the event the grievance is not satisfactorily settled by the supervisor within three working days,the employee must submit the grievance in writing to the department head within 10 working days of the alleged violation.If the grievance still cannot be settled,a written notification must be given to the City Administrator within five working days of the department head's notifica- tion.This written notice shall include the following: (1)statement of the grievance and relevant facts: (2)Remedy sought; (3)Reasons for dissatisfaction with the depart- ment head's proposed solution; d.The city Administrator shall reply,in writing, within 10 days after receipt of the grievance.The decision of the city Administrator shall be final and binding; 33 ,, ) \ e.No punitive action shall be carried out against any employee for utilizing the grievance procedures contained in these rules; f.These provisions shall not preclude any remedy at law or equity; g.Bargaining unit employees shall conform to grievance procedures provided in the union contract,and the provisions of this chapter shall be inapplicable. : 34 ., -~ : INSERT GRIEVANCE FORM HERE 35 I ..' CHAPTER XI EMPLOYMENT DEVELOPMENT SECTION 1.RESPONSIBILITIES: The City of Marysville encourages development of each employee to his or her fullest potential.The city Administrator and department heads shall assume responsibility for establishing in-service training programs designed to improve the effective- ness and knOWledge of employees in performing their assigned duties. SECTION 2.TRAINING PROGRAMS: In cooperation with the city Administrator,the department head shall establish training expenditures,maintain records of achievement for all department-sponsored training,and evaluate methods and reSUlts.city-sponsored training which is required for the performance of an employee's job duties shall be arranged whenever possible during regUlarly-scheduled work hours. Department heads may change the standard working hours to accommodate or require attendance at training activities during off-duty hours;PROVIDED,that the training activity is designed to increase the knowledge,skills,and abilities of an employee for the position he or she presently occupies.Such required training must have prior approval by the department head. SECTION 3.EMPLOYEE'S TRAINING OBLIGATIONS: Department heads may require an employee to submit a signed statement agreeing to remain a specified time in the service of the city as a condition for being reimbursed for training expenses.Employees who fail to remain in the employ of the city for the specified time period shall reimburse the City for the monies given him or her on the basis of that agreement. 36 CHAPTER XII PERFORMANCE HAPPING SECTION 1.PERFORMANCE HAPPING PROCEDURE: ) The Employee Performance Happing system is designed to provide the supervisor and the employee with an opportunity to sit down and.discuss the employee's accomplishments and positive contributions,as well as things he/she would like to improve, change or learn.It is not a "report card,"but rather a system designed to set mutually-agreeable goals for the coming review period and a step-by-step action plan to attain these goals. All mapping sessions will take place in January,and six months after hire for a probationary employee.If,at any time, disputes arise as to the procedure or the goals,these should be referred to the department head and ultimately to the city Administrator for resolution. a.Throughout the review period the supervisor should be aware of employee performance aspects and should discuss difficulties as they arise and deal with them at that time. The supervisor should not save these concerns to "unload"on the employee at the time of the mapping session.There should be no surprises! b.Prior to the mapping session,the Personnel Director will send the employee a blank MAP to use,if he/she wishes,as a script for the session.This form is to help the employee prepare for the session,and will not be turned in. c.At the mapping session the supervisor and the employee will thoroughly discuss items 1 through 5 on the HAP,taking one item at a time.The employee will provide his/her input first,followed by the supervisor's input. The MAP form will be filled out by one of the parties,and the same will become a record of the session.Both parties are encouraged to be specific and realistic.Both parties will sign and date the form.The employee will be given a copy of the same at the conclusion of the session. To summarize,the purpose of this MAP is to focus on the performance of the job and not the personality of the individual. There is no score;there is no pass or fail mark.What is desired is a goal statement mutually arrived at by the employee and the supervisor which will enhance the effectiveness and efficiency of the work being performed. 37 j ·p SELF-EVALUATION fOOM Name: fOR SPECtAL NoTE SEE BACK OF HIS fORM Mapping session:Date:Time:I DIRECTIONS I Read the questions to the right. '!hey are rreant to help you think about hoW you are doing your job. '!hen begin Nunber 1 below. Perfonnance Are you getting-your assigned work done: *On tirre *J\ccuri!tely *Catpletely *J\ccOrding to standards *Within budget? Poli~ Are you oUowing organizational Policies: *Attendance *Punctuality *Use of Tirre *Jlppearan<..-e *5afety._ *J\ccOrding to policies? People ,I How _11 are you wo:.king with: *Public *FellOw workers *5up&visQrs *~ts 1 'l1U~DONE WELL • Describe specific exanples of your best work.Your ••• *J\chieverrents *SUCCesses *Positive contribu- tions to the organ- ization. f Give Specific Facts. 2 'IHI~'IO 00 EVEN BETI'ER Describe anything you would like to: *Inprove *Change or _ *Learn ,- So that you can make an even rrore valuable contribution to the organi zation. 1.Pick one thing fran No.2 above that you want to work on. Pick a priori::y. y..Describe the ores- ):nt situation.Don't "write a goal here, just describe what's happening now. 3 SELOCT ONE 'IHI!'G *What is happening now? (Give facts:who,what, where,when?) *\'i'hy does this concern you? *How does it affect others? " ,..4 EMPWYEE'5 J\CTlON PLAN Describe what you will do to achieve the desired change, inproverrent or learn- ing. 1.What will you do? (or your goal.) 2.How will you do it?List any steps you'll take,or any nethods or procedures you'11 follow to ach- ieve your goal. 3.Describe the way the situation will be if your action plan is successful.'(stan- dards to neet.) 4.When will you do these things?(dates, tiJres,deadlines.) Be specific and real- istic. • c. ( 5 SUPERVISOR'S J\CTlON PLAN SUggest any actions you'd like your.super visor to take that would help you to achieve your action plan.I When should he/she do i these things?1 Together,you'll set a date for the next Mapping session,and sign the Map form. Re:teuCer,this form is yours,it is private and not rreant to be turned in.It is designed to heLp you think about your job,so you'll be ready to talk about it ~you neet with. your supervisor in the Mapping session.Write asnuch or as little as you wish.Just bf.. prepared to discuss the items on this form,nl.lllDers I through 5.Your actual appraisal-\~, will take place during the Mapping session as you and your supervisor discuss your past perfanance and plan future achieverrents. -p NAME pas IT ION APPRAISAL ANNUAL DATE OTHER Step Increase: Read the fpllowing . Questions to the right. Compare the employee's actual job performane< with what is expected of him/her. porformance Is the employee gett i ng the assigned work done: *On Time *Accurately *Completely *According to standards *Within budaet? Pol icy Is the person fol- lowing policies: *Attendance *Punctuality *Use of Time *Appearance *Safety-Sanitation *Procedures People How well is the em- ployee working with: *The publ ic *Fellow workers *Superv i sors *Other Departments? 1 TH INGS ~:ELL OOI~E • Describe specific examples of the emploJ ee's best work: *Ach i evements *Successes *Positive contribu tions to the .}organization. I Give specific facts. 2 TH INGS TO DO EVEN BETTER Describe anything you would like to see the employee: *Improve *Change or *Learn So the employee can make an even more valuable contribution to the organization. 1.Pick one priority from Ho.2 above that y~u want the employee to work on..- '}Oescr!be the pres- _"t situation.[Qn't r:rite a goa;.Gescrib,t"h""h.p",'"''",. 3 SELECT ONE THING *What is happening now? (Give facts:who,what, when?) *Why does this concern you? *How does it affect others? Describe what the em-' ployee will do to achieve the desired ,change.improvement or learning. 4 EMPLOYEE'S ACTION PLAN ( 1.What the employee will do. (the goal) 2.How he/she will do it.Any steps.meth- ods. or procedures to be followed to achieve the goal. 3.The way the situa- tion will be if this action plan is suCces- sful.(standards to be met) 4.When these things will be done.(dates. times.deadlines) ~e specific &realistic 5 SUPERV ISOR I S ACTION PLAN Describe the action(s) you'll take to help the employee achieve his/her action plan. When will you do these things?(date/time) Set a date for the next MAPPING Session and mark it on the right. Then each sign the final MAP form. ( Next Session JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC SIGN: Employee Enployee Coaments: Supervisor Date c.,. ,. ) .------------------ INSERT PAGE 1 OF MAP 38 ," ) ) INSERT PAGE 2 OF MAP 39 ,. CHAPTER XIII \IIARASSMENT POLICY, .I SECTION 1.POLICY: It is the policy of the city of Marysville that harassment on the basis of an employee's (or customer's)race,creed,color, national origin,age,sex,marital status,or the presence of a physical,sensory,or mental disability is a violation of the city's policy.Prohibited harassment includes comments,slurs, jokes,innuendoes,cartoons,pranks,physical harassment,etc., which are derogatory on the basis of the employee's protected class membership or which are motivated by the employee's protected class membership.Harassment also includes negative actions based upon an employee's participation in activities identified with,or promoting the interests of a protected group. An employee has the right to use a language other than English, and to adhere to cultural and ethnic.customs,without being sUbjected to harassment.Sexual harassment includes unwelcome sexual advances,requests for sexual favors,and other verbal or physical conduct of a sexual nature. SECTION 2.HARASSMENT PROHIBITED: Employees have the right to be free from such harassment on the job,either from co-workers,supervisors,or managers. 1 Harassment is prohibited by state and federal anti-discrimination laws where (1)submission to such conduct is made either ex- plicitly or implicitly a term or condition of employment,(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions for affecting such individual,or (3)such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating,hostile,or offensive working environment.All employees are prohibited from engaging in the harassment of any employee. SECTION 3.GRIEVANCE PROCEDURE: Any employee who believes he or she is being harassed by co-workers or customers should notify his or her supervisor. Where the employee believes that he or she is being harassed by his/her supervisor,he/she should notify the supervisor's supervisor.Where the employee is uncomfortable in discussing harassment with his/her supervisor,the Personnel Department may be contacted instead of the supervisor. 40 / SECTION 4.INVESTIGATION OF COMPLAINTS: When a supervisor is notified of alleged harassment,he/she will promptly investigate the complaint.The investigation will include interviews with the directly involved parties,and where necessary,employees who may have observed the alleged harassment or who may be similarly situated with the complaining employee (and therefore may be able to testify to their experiences with the accused employee). SECTION 5.DISCIPLINARY ACTION: If the investigation shows·that the accused employee did engage in harassment,the supervisor will take appropriate action which will include a warning that any continued harassment may result in a negative employment action such as suspension or termination.Additional actions which:may be taken include a reprimand and letter to the employee's file and an employee transfer where warranted.In all instances,the complaint and investigation will be handled in a confidential manner. 41 ,. CHAPTER XIV ')AFFIRMATIVE ACTION PROGRAM SECTION 1.POLICY STATEMENT/COMMITMENT: The city of Marysville has long upheld the policy of offering employment to all those who qualify.In pursuit of this policy,the city has endeavored to maintain a posture of objec- tivity in employment practices and personnel action.At no time has the city indulged in deliberate discrimination as the result of any policy decision. The city of Marysville reaffirms its unequivocal commitment to recruit,hire,train and p~mote pe~sons in all job clas- sifications without regard to race,color,religion,sex,age, national origin,marital status,or because of a sensory, physical or mental handicap,except where a bona fide occupation- al qualification applies.Further,the city reaffirms its commitment to actively promote equal employment opportunities for minorities,women,and the handicapped. To accomplish and implement these commitments,and to assure compliance with the Equal Employment Opportunity Act of 1972 (42 USC 2000e et.seq.),Presidential Executive Orders No.11246 and 11375,Revised Order No.4,the Guidelines of the United States Equal Employment opportunity commission,the Washington State Law Against Discrimination (Chapter 49.60 RCW),and the Guidelines of the Washington State Human Rights commission,the City has developed this Affirmative Action Program.In order for this Program to be successful,it shall be incorporated into the administrative structures and procedures affecting all personnel actions of the city,and the Mayor and his designee shall direct and coordinate a good faith effort to implement the same on a continuing and vigorous basis.Further,all employees of the City shall,at all times,be aware of the spirit and principle of equal employment opportunity,and shall cooperate fUlly to assure the success of this Affirmative Action Program. SECTION 2.PUBLICITY: The policies of this Affirmative Action Program,and the City's commitment thereto,shall be communicated internally among City employees and externally throughout the community. a.Internal PUblicity.The Affirmative Action Program shall be placed in as many locations as necessary to ensure easy access by all employees.A policy statement and outline of the program,as it relates to individual employees,shall be sent to all existing employees,and given to all those who are newly hired.Equal employment opportunity posters shall be displayed 42 ,• •,> at gathering places for city employees,together with notifica- tion of the name of the City's Affirmative Action Officer who is ')authorized to process internal grievances., b.External Publicity. (1)All employment advertising of the city shall be disseminated to those agencies,media,sources,schools, colleges,community organizations and others who have special contact with women,minorities,the handicapped and older workers. (2)All employment advertisements shall contain the statement:"An Equal Opportunity-Affirmative Action Employer." (3).AII contractors,sUbcontractors,vendors and suppliers conducting business with the city shall be notified of the city's affirmative action policy,and shall be required to affirm and subscribe to the fair practices and nondiscrimination policy set forth herein. (4)Employment application forms shall contain the following statement: "The city of Marysville is an equal opportunity employer and encourages applications from all persons,regardless of race,creed,color,sex, )national origin,marital status,age,or physical, sensory or mental disability,unless based upon a bona fide occupational qualification." SECTION 3.RESPONSIBILITIES FOR IMPLEMENTATION: a.Mayor.The Mayor shall oversee the implementation of the Affirmative Action Program,and shall direct the City Ad- ministrator to insure compliance therewith by all City employees. The Mayor shall designate a city employee as the "Affirmative Action Officer"who shall report to the.city Administrator. b.Affirmative Action Officer.The Affirmative Action Officer shall be responsible for the following: (1)Develop and recommend policies,procedures and forms to implement this Affirmative Action Program. (2)Maintain continuous contact with recruitment sources in an effort to obtain qualified minority,female and handicapped applicants for all job classifications. (3)Maintain channels of communication by attending local conferences,workshops and meetings where persons from )43 : ) •, minorities,female and handicap groups are speaking,in order to obtain reliable information regarding the needs, attitudes,skills and availability of such persons for employment. (4)Represent the city in necessary meetings with enforcement agencies,minority organizations,community action groups,women's groups,etc.to coordinate the city's equal employment opportunity efforts. (5)Investigate and process any equal employment opportunity complaints,including those raised directly through internal channels or any that may originate through state or federal government channels.In conducting such investigations,the Affirmative Action Officer shall utilize the guidelines for handling internal discrimination com- plaints,as established by the Washington State Human Rights Commission. (6)Measure the effectiveness of the city's Affirma- tive Action Programs and indicate the need for remedial action. (7)Maintain and report all information legally required for Affirmative Action Program reports on minority, female,aged and handicapped employment. (8)Develop and maintain Affirmative Action programs as outlined in Revised Order No. 4 of the Office of Federal Contract Compliance. (9)Keep the Mayor and other City administrative officers fully informed of all developments in the law or regulations relating to equal employment opportunities. c.Department Heads.Department heads shall be responsible for the following: (1)Analyze their departmental work force relative to utilization of minorities,women and handicapped persons. (2)Insure compliance with this Affirmative Action Program in all recruiting,promotion,job assignments and terminations in their departments. (3)Prevent harassment of employees who are placed in their departments through Affirmative Action efforts. (4)Make extra efforts to counsel and train minor- ities,women and handicapped persons,to assist them in becoming valuable employees.- 44 ) ) .." " (5)Attempt to resolve allegations of discrimination among employees within their respective departments,and refer grievances to the Affirmative Action Officer. SECTION 4.PERSONNEL PRACTICES: a.Job Analysis and Classification.Job classifications, task descriptions,employee classifications,and standards of performance shall be solely based upon job-related criteria and bona fide occupational qualifications.All job classifications and descriptions shall be reviewed periodically and revised where appropriate to assure compliance with this Affirmative Action Program. b.Recruitment. (1)The City shall not print or circulate any state- ment,advertisement,or publication,or use any form of application for employment,or make any inquiry in connec- tion with prospective employment which expresses any limitation,specification,or discrimination as to age,sex, marital status,race,creed,color,national origin,or the presence of any sensory,mental,or physical handicap,or any intent to make any such limitation,specification,or discrimination,unless based upon a bona fide occupational qualification. (2)Recruiting efforts will not be based primarily upon "word-of-mouth"or "walk-in applicants."Advertise- ments for employment opportunities shall be widely dis- bursed,and special efforts shall be made to contact sources for minority,female and handicapped applicants. (3)An applicant flow chart should be maintained in the city's records indicating,for each job applicant,his or her name,race,national origin,sex,referral source, date of application,position sought and the reason for said person being hired or rejected.The information for said flow chart may be obtained from a separate tear-off sheet which is attached to the application form.The flow chart shall be periodically utilized to evaluate the success of the City's Affirmative Action Program and compliance with the equal employment opportunity laws. c.Selection Process. (1)The City shall not refuse to hire any person because of such person's age,sex,marital status,race, creed,color,national origin,or the presence of any sensory,mental or physical handicap,unless based upon a bona fide occupational qualification.PROVIDED,that the prohibition against discrimination because of such handicap 45 ) ,..' ) shall not apply if the particular disability prevents the proper performance of the particular worker involved. (2)Race,creed,color,national origin,age,sex, marital status or handicap may be a bona fide occupational qualification where the same are essential to,or will contribute to the accomplishment of the purposes for which the person is hired,or where the same should be considered in order to correct a pre-existing condition of unequal employment opportunity. (3)All pre-employment inquiries,application forms, screening,written tests,oral tests,performance and physical ability tests,background investigations,inter- views,and educational or work history requirements,shall be reviewed periodically and revised where appropriate to assure compliance with state and federal law and this Affirmative Action Program. d.Training.Where minority,women,or handicapped employees are hired or placed with minimum qualifications in positions with city departments,on-the-job training programs should be established to facilitate their reaching a high level of job competence in a short period of time.Special efforts should be made to maximize such training efforts. e.Promotion.Job Assignment.Layoffs and Termination. (1)Decisions for employees'promotions,job assign- ments,layoffs,and terminations shall be solely based upon job-related criteria such as experience,training,ability. motivation and attitude.such decisions shall not be based upon a person's age,sex,marital status,race,creed, color,national origin,or the presence of any sensory, mental or physical handicap. (2)In the case of layoff priorities,seniority shall not override the criteria specified in subparagraph 1 above. (3)Records shall be kept of all personnel actions, with detailed explanations relating to promotions,job assignments,and terminations of minorities,women and handicapped persons. (4)Exit interviews shall be held with employees SUbmitting voluntary resignations to determine what factors contributed to their resignation. f.Salaries and Benefits. (1)Equal wages shall be paid for equal work,regard- less of race,creed,color,national origin,religion,sex 46 '------------------------------------- C 1 1""Jt ~ ~,.; ) J or age. (2)Equal pay also means equal distribution of fringe benefits,regardless of race,creed,color,national origin, religion,sex or age.To equalize fringe benefits for women,the city shall comply with the maternity guidelines of the Washington state Human Rights Commission.Further, it shall provide women with equally available facilities such as restrooms,lounges and wash-up areas. g.Affirmative Action Grievance Procedure. (1)Employee grievances related to alleged discrimina- tion shall be verbally brought to the attention of the Affirmative Action Officer. (2)The Affirmative Action:Officer shall hold one or more informal meetings with the employee and.the department head to discuss the grievance. (3)If no resolution can be achieved,the Affirmative Action Officer shall assist the employee by filing a written complaint with the City Administrator. (4)The city Administrator shall take formal action on the complaint and his decision shall be final,SUbject to confirmation by the Mayor. (5)The following policy shall govern all grievance investigations: (a)Grievances are encouraged as being in the best interest of the city. (b)Each grievance will be examined expeditious- ly,thoroughly,honestly and impartially to determine its merit. (c)Problems found to exist will be immediately corrected and remedied according to the applicable laws,regUlations,guidelines and legal concepts. (d)The internal grievance process shall be flexible and must allow for good faith negotiation between the parties toward a mutually-acceptable solution. (e)No retaliation or discrimination of any form will occur against a person for making a complaint. h.Audit and Evaluation.No less frequently than annually the Affirmative Action Officer shall audit and evaluate the 47 {,} ) ) City's compliance with this Affirmative Action Program.An annual report shall be sUbmitted to the Mayor and the City Council.Said report shall include recommendations for the upcoming year,and shall suggest specific affirmative action goals for the city to achieve. 48