HomeMy WebLinkAboutR-2490 - Repealing Resolution No. 2366 and Adopting Revised Personnel RulesCITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO. }.tl-q {]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, REPEALING RESOLUTION NO. 2366 AND ADOPTING
REVISED PERSONNEL RULES.
WHEREAS, section 2.50.010 of the municipal code requires the City Council to adopt
personnel rules governing all employees of the City of Marysville; and
WHEREAS, the last update to the Personnel Rules was made in 2014 by Resolution No .
2366;and
WHEREAS, on June 23, 2014, the City Council considered and approved permitting
police department commanders to cash out unused administrative leave; and
WHEREAS, although the City Council intended the Personnel Rules to reflect this
change, it did not take final action at the June 23, 2014 meeting; and
WHEREAS, on November 5, 2018, the City Council considered and approved
authorizing the Mayor and Chief Administrative Officer to offer hiring incentives to prospective
police officer candidates due to the extremely competitive labor market which made it difficult to
hire qualified candidates; and
WHEREAS, although the City Council intended the Personnel Rules to reflect this
change, it did not take final action at the November 5, 2018, meeting; and
WHEREAS, the City Council now wishes to take final action to amend the Personnel
Rules to memorialize these changes that it previously approved on June 23, 2014, and November
5,2018.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE that Resolution No . 2366 is repealed and updated Personnel Rules are
adopted.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE that City Council adopts the Personnel Rules for the City of Marysville as set
forth in Exhibit A.
(\ ADOPTED by the City Council at an open public meeting this
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CITY OF MARYSVILLE
Attest:
-zh • By ,Yl.t{_; fi<g ~
jJVlA.-(/,yl.A..--, DEPUTY CITY CLERK
Approved as to form:
By ~~,£
JON WALKER, CITY ATTORNEY
PERSONNEL RULES
FOR THE
CITY OF MARYSVILLE
Revised: Fall 201420
PERSONNEL RULES
CITY OF MARYSVILLE
VISION
Marysville – Live, Work, Play
MISSION
The City of Marysville partners with the community to provide quality,
innovative and efficient municipal services which promote economic
growth, thriving neighborhoods, healthful living, and financial
sustainability for our residents and businesses
CORE VALUES
Integrity: We conduct our work in an atmosphere of honesty,
respect, and courtesy recognizing the impact our
actions have on the quality of life now and in the
future.
Trust: We are committed to earn, maintain, and enhance
the trust of each other and the community.
Teamwork: We nurture successful working relationships with all
our partners.
Accountability: In the performance of our duties, we are
individually and collectively accountable to citizens,
customers, and stakeholders. We are competent,
responsible, and dedicated to providing effective
and efficient services.
Innovation: We encourage and support new ideas and creative
approaches.
Commitment: We provide quality services with a continuing focus
on excellence.
Diversity: We value and respect the uniqueness of our
employees and citizens.
Table of Contents
VISION ......................................................................................................................................................................... 2
MISSION ...................................................................................................................................................................... 2
CORE VALUES................................................................................................................................................................ 2
GENERAL PROVISIONS ........................................................................................................................................... 6
PURPOSE ...................................................................................................................................................................... 6
SCOPE ......................................................................................................................................................................... 6
MANAGEMENT RIGHTS ................................................................................................................................................... 6
ADMINISTRATIVE PROCEDURES ......................................................................................................................................... 7
MANAGEMENT-EMPLOYEE COMMUNICATIONS ................................................................................................................... 7
APPOINTING AUTHORITY ................................................................................................................................................. 7
GENDER ....................................................................................................................................................................... 7
EXISTING LEAVE BENEFITS................................................................................................................................................ 7
EMPLOYMENT PRACTICES ...................................................................................................................................... 8
EQUAL EMPLOYMENT OPPORTUNITY ................................................................................................................................. 8
DISABILITY ACCOMMODATION (NEW) ............................................................................................................................... 8
RELIGIOUS ACCOMMODATION (NEW) ................................................................................................................................ 8
UNLAWFUL RETALIATION (NEW) ...................................................................................................................................... 9
EMPLOYMENT AT WILL ................................................................................................................................................... 9
EMPLOYMENT RECORDS .................................................................................................................................................. 9
EMPLOYMENT OF RELATIVES .......................................................................................................................................... 10
EMPLOYMENT ACTIONS....................................................................................................................................... 11
EMPLOYEE RECRUITMENT .............................................................................................................................................. 11
APPLICANT SCREENING ................................................................................................................................................. 11
EXAMINATIONS ........................................................................................................................................................... 12
EMPLOYMENT STATUS .................................................................................................................................................. 13
ORIENTATION PERIOD ................................................................................................................................................... 14
TRANSFER .................................................................................................................................................................. 14
PROMOTION ............................................................................................................................................................... 15
RECLASSIFICATION ........................................................................................................................................................ 15
DEMOTION ................................................................................................................................................................. 15
DISCIPLINE .................................................................................................................................................................. 16
PRE-DISCIPLINARY HEARING ........................................................................................................................................... 17
SUSPENSION ............................................................................................................................................................... 17
DISCHARGE ................................................................................................................................................................. 18
LAYOFF ...................................................................................................................................................................... 18
RESIGNATION .............................................................................................................................................................. 18
RETIREMENT ............................................................................................................................................................... 18
COMPENSATION .................................................................................................................................................. 19
CLASSIFICATION PLAN ................................................................................................................................................... 19
PAY PLAN ................................................................................................................................................................... 19
OVERTIME COMPENSATION ........................................................................................................................................... 20
COMPENSATORY TIME .................................................................................................................................................. 21
PAYROLL DEDUCTIONS .................................................................................................................................................. 21
EXEMPT EMPLOYEES ..................................................................................................................................................... 21
HOURS OF WORK ................................................................................................................................................. 23
WORKWEEK AND TIMESHEETS ........................................................................................................................................ 23
ATTENDANCE AND PUNCTUALITY .................................................................................................................................... 23
REST BREAKS AND MEAL PERIODS ................................................................................................................................... 24
INCLEMENT WEATHER .................................................................................................................................................. 24
ALTERNATIVE WORK SCHEDULE ...................................................................................................................................... 24
EVALUATION, TRAINING, AND DEVELOPMENT .................................................................................................... 27
EMPLOYEE DEVELOPMENT ............................................................................................................................................. 27
PERFORMANCE EVALUATION .......................................................................................................................................... 27
TUITION REIMBURSEMENT ............................................................................................................................................. 28
PARTICIPATION IN COMMUNITY CLUBS AND SERVICE ORGANIZATIONS ................................................................................... 29
HEALTH AND WELFARE BENEFITS ........................................................................................................................ 31
OVERVIEW OF HEALTH AND WELFARE BENEFITS ................................................................................................................ 31
DUAL COVERAGE MEDICAL INSURANCE INCENTIVE ............................................................................................................. 39
EMPLOYEE WELLNESS ................................................................................................................................................... 40
EMPLOYEE LEAVES ............................................................................................................................................... 42
HOLIDAYS ................................................................................................................................................................... 42
UNPAID HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE (NEW POLICY) ............................................................................... 43
VACATIONS ................................................................................................................................................................. 44
SICK LEAVE ................................................................................................................................................................. 45
PREGNANCY DISABILITY LEAVE ........................................................................................................................................ 46
FAMILY AND MEDICAL LEAVE ......................................................................................................................................... 47
SHARED LEAVE ............................................................................................................................................................ 52
BEREAVEMENT LEAVE ................................................................................................................................................... 53
JURY DUTY/WITNESS LEAVE .......................................................................................................................................... 54
VOTING LEAVE ............................................................................................................................................................ 54
MILITARY CAREGIVER LEAVE .......................................................................................................................................... 54
QUALIFYING EXIGENCY LEAVE ......................................................................................................................................... 55
FAMILY MILITARY LEAVE ............................................................................................................................................... 55
MILITARY LEAVE .......................................................................................................................................................... 56
LEAVE UNDER UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT ............................................................ 56
DOMESTIC VIOLENCE/SEXUAL ASSAULT LEAVE .................................................................................................................. 57
ADMINISTRATIVE LEAVE ................................................................................................................................................ 58
LEAVE WITHOUT PAY ................................................................................................................................................... 59
ABSENCE WITHOUT AUTHORIZED LEAVE .......................................................................................................................... 59
LEGAL RULES OF CONDUCT .................................................................................................................................. 60
CODE OF ETHICS .......................................................................................................................................................... 60
ANTI-HARASSMENT POLICY AND COMPLAINT PROCEDURE ................................................................................................... 62
REPORTING IMPROPER GOVERNMENTAL ACTIONS .............................................................................................................. 65
STANDARDS OF CONDUCT ................................................................................................................................... 71
EMPLOYEE BEHAVIORAL EXPECTATIONS ........................................................................................................................... 71
WORKPLACE RELATIONSHIPS (NEW) ................................................................................................................................ 73
EMPLOYEE DRESS AND PERSONAL APPEARANCE................................................................................................................. 73
TOBACCO USE ............................................................................................................................................................. 75
OUTSIDE EMPLOYMENT ................................................................................................................................................ 75
GARNISHMENTS........................................................................................................................................................... 76
MEDIA INQUIRIES ........................................................................................................................................................ 76
COMPLAINT PROCEDURE ............................................................................................................................................... 76
USE OF CITY RESOURCES ...................................................................................................................................... 78
USE OF CITY PROPERTY ................................................................................................................................................. 78
COMPUTER SYSTEMS AND ELECTRONIC COMMUNICATIONS ................................................................................................. 78
USE OF TELEPHONES AND WIRELESS HANDHELD COMMUNICATIONS DEVICES ......................................................................... 81
WORKPLACE HEALTH AND SAFETY ....................................................................................................................... 83
EMPLOYEE SAFETY ....................................................................................................................................................... 83
WORKED-RELATED INJURY OR ILLNESS ................................................................................................................... 84
RETURN TO WORK PROCEDURES AND TEMPORARY LIGHT DUTY ........................................................................................... 84
USE OF CITY VEHICLES .................................................................................................................................................. 86
SUBSTANCE ABUSE ....................................................................................................................................................... 88
DRUG AND ALCOHOL REQUIREMENTS AND TESTING FOR EMPLOYEES WHO OPERATE COMMERCIAL MOTOR VEHICLES ................... 91
WORKPLACE VIOLENCE ................................................................................................................................................. 97
OTHER PERSONNEL POLICIES AND PROGRAMS .................................................................................................... 99
TRAVEL EXPENSES ........................................................................................................................................................ 99
EMPLOYEE APPRECIATION AND RECOGNITION ................................................................................................................... 99
GENERAL PROVISIONS
PURPOSE
These rules establish personnel policies for conducting human resources programs and
activities throughout City government to enable employees to provide efficient service to the
public.
SCOPE
Where these policies conflict with collective bargaining agreements, civil service rules, or other
state or federal laws or regulations, the provisions of the labor contract, civil service rules, or
state or federal laws shall govern. In all other cases, these policies shall apply.
MANAGEMENT RIGHTS
Nothing in these policies affects or abrogates the inherent exclusive rights of the City in matters
of general legislative or managerial policy, including exclusive rights to make the following
decisions or take the following actions.
• Determine the mission of City departments, commissions, and boards.
• Set standards for public service.
• Determine procedures and standards of selection for employment, promotion, and
dismissal.
• Direct and supervise all City employees.
• Decide and implement disciplinary actions.
• Relieve employees from duty due to lack of work.
• Terminate employees at will.
• Maintain the efficiency of governmental operations.
• Determine the methods, means, and personnel by which government operations are
conducted.
• Exercise complete control and discretion over the City’s organization and the technology
of performing its work.
• Take all necessary actions to carry out its mission in emergencies.
This handbook of personnel policies is intended to provide general guidance only, it is not a
contract or promise of specific treatment in specific situations, and it does not create any binding
obligations upon the City. The City reserves the right to alter, amend, or modify these guidelines in
its sole discretion. Amendment to these policies shall be by resolution of the City Council.
The Chief Administrative Officer (CAO), with the approval of the Mayor, may vary or modify the
strict application of these policies in cases in which their strict application would result in
practical difficulties or unnecessary hardships. Such variances shall not be construed as setting
a precedent for other cases.
ADMINISTRATIVE PROCEDURES
The CAO or designee, with the approval of the Mayor, will establish administrative procedures
to implement or enforce these personnel policies. These administrative procedures may be
adopted, amended, or rescinded at any time. They shall be circulated to all department
directors and the City Council prior to their effective date and placed on record in the office of
the City Clerk, together with these policies.
MANAGEMENT-EMPLOYEE COMMUNICATIONS
The Mayor, as the chief executive officer of the City, and the CAO, as the Mayor’s assistant,
shall strive to maintain open communications with all City employees and shall have
unrestricted 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
CAO.
APPOINTING AUTHORITY
The Mayor has the power to appoint and remove all City employees. The Mayor may delegate
such authority, in whole or part, to the CAO or department directors.
GENDER
Whenever words denoting the masculine or feminine gender are used in this document, they
are intended to apply equally to both genders.
EXISTING LEAVE BENEFITS
All accrued leave time that has been earned by City employees as of the date of adoption of
these policies by the City Council shall continue in full force and effect for such employees.
EMPLOYMENT PRACTICES
EQUAL EMPLOYMENT OPPORTUNITY
The City provides equal employment opportunities to all employees and applicants for
employment without regard to race; color; religion; gender; sexual orientation; age; marital
status; national origin; the presence of any physical, mental, or sensory impairment, whether
temporary or permanent, that exists or is perceived to exist; honorably discharged veteran or
military status; genetic information; or on any other basis that violates applicable federal, state,
and local laws. This policy applies to terms and conditions of employment including, but not
limited to, hiring, placement, transfer, promotion, termination, layoff, recall, leaves of absence,
compensation, and training.
DISABILITY ACCOMMODATION (NEW)
The City complies fully with its duty to provide reasonable accommodation to allow an
employee with physical, mental, or sensory disabilities to perform the essential functions of
his/her job, which includes reliable attendance. If you have a disability that limits or affects
your ability to perform your job, please inform the Human Resources Director of your request
for accommodation.
Examples of accommodations include adjustments to the work environment and equipment,
work schedule, work-related duties, reassignment to another available position, and time off.
Whether an accommodation is considered reasonable is decided on a case-by-case basis
depending on the individual circumstances.
In order to provide a reasonable accommodation, the City may seek to communicate with an
employee and their medical provider(s) to gain a better understanding of any limitations and
how an accommodation would allow the employee to perform the essential functions of the
position. Such communications will only occur after the employee has given written consent.
Refusal to allow such communication may relieve the City of any legal obligation to
accommodate the disability.
RELIGIOUS ACCOMMODATION (NEW)
The City complies fully with its duty to provide reasonable accommodation of an employee’s
sincerely held religious beliefs and practices. For example, if an employee requires a certain
work schedule, or to dress or attire themselves in a way that varies from any dress code
adopted by the City, please inform the Human Resources Director of your request for
accommodation. Whether an accommodation is considered reasonable is decided on a case-by-
case basis depending on the individual circumstances.
UNLAWFUL RETALIATION (NEW)
Any employee who complains of unlawful discrimination or harassment in good faith will be
entitled to protection from retaliation for making a complaint. Any employee who cooperates
in an investigation of a discrimination or harassment complaint will be entitled to protection
from retaliation for such cooperation.
Unlawful retaliation occurs when an employee is targeted for unfavorable treatment by the
City, or by coworkers, as a result of complaining or cooperating. Unfavorable treatment may
include official action, like termination, demotion, or reassignment, or unofficial action like
shunning or isolation or ongoing harassment.
If an employee believes he/she is being retaliated against, the employee should complain
immediately to the Human Resources Director. If the employee believes the Human Resources
Director is involved in the retaliation, the employee should complain to the CAO. Any
complaints of retaliation will be investigated separately, and the City will take prompt,
corrective action to remedy any complaints found to have merit.
EMPLOYMENT AT WILL
Employment at the City of Marysville is on an “at-will” basis. The statements of policy contained
in this handbook are not a contract nor are they to be interpreted as a promise of employment.
Employment may be discontinued at any time by the City or by the employee, with or without
cause, subject to applicable labor contracts or civil service rules, and applicable federal, state,
and local laws.
EMPLOYMENT RECORDS
Employees’ personnel files are maintained in the Human Resources office and are confidential.
These files are maintained in accordance with federal and state laws and guidelines and to
ensure confidentiality to the extent allowed by law. Employees may have access to review their
own personnel files annually during regular business hours, except as waived by the CAO, in the
Human Resources office. Employees may add statements to their files, but may not alter,
amend, or remove any documents contained in the files. Personnel files may not be removed
from the Human Resources office.
The City complies with the Washington State Public Records Act, valid court orders, and
government requests that direct the City to provide information from personnel records to
outside representatives. Representatives of government or law enforcement agencies, during
the course of their business, may be allowed access to employment records information. This
decision will be made at the discretion of the Human Resources Director, who may consult with
the City Attorney, in response to the request, legal subpoena, or court order.
Requests for references on all employees, both past and present, must be directed to the
Human Resources office. Without employees’ written authorization, generally only the
following information will be verified to banks, credit agencies, mortgage companies, or
prospective employers: dates of employment, job titles, and employment status (regular, part-
time etc.).
Managers and supervisors may request access to personnel file information for employees
under their supervision and when considering the hire of a former employee or transfer of a
current employee.
Medical information about employees is maintained in the Human Resources office in a
separate, confidential medical file, as required by law. Human Resources staff will provide this
information to supervisors and managers only on a “need to know” basis for the limited
purposes of identifying necessary medical restrictions on employees’ work or duties or
determining necessary accommodations for employees’ disabilities.
EMPLOYMENT OF RELATIVES
The City is an equal opportunity employer and does not discriminate due to marital status. The
employment of relatives, including registered domestic partners, is handled on a case-by-case
basis and will be left to the discretion of the Mayor and CAO.
All employees will be treated fairly and equitably in all employment decisions, and it is
important to avoid even the appearance of potential inequity in employment actions. For this
reason, the following employment guidelines apply to employees who are related to each other
or share an intimate relationship.
• Under no circumstances may one employee audit or evaluate the work of the other
related employee or oversee such audits or evaluations.
• One employee should not have the authority or practical power to supervise, appoint,
remove, or discipline the other related employee.
• The related employees should not be assigned duties which would place them in a
situation of actual or reasonably foreseeable conflict between the City’s interests and
their own.
When a relationship between employees occurs during employment, the two employees may
remain in their positions provided they are not in conflict with the restrictions stated above. If
the new relationship places the employees in potential conflict with the above restrictions, the
City will try to arrange a transfer or change in position for one of the employees; if this is not
possible, one employee must separate from employment with the City. The decision to
transfer, change position, or terminate may be made in consultation and with the agreement of
the involved related employees; however, the Mayor or designee retains the right to determine
the employment actions that are in the best interests of the City.
EMPLOYMENT ACTIONS
EMPLOYEE RECRUITMENT
The Human Resources office, with the assistance of affected departments, may prepare job
announcements to fill vacant positions. When regular full- or part-time positions become
vacant, current City employees may be given first consideration for filling vacancies, unless non-
City employee applicants have substantially better qualifications and abilities. Job
announcements should be posted at City offices for the benefit of City employees for a period
of five working days. Job announcements, however, will be given such publicity as is
appropriate to reach prospective, well-qualified applicants. The CAO, with the approval of the
mayor, may offer incentives to facilitate recruitment for critical positions in the police
department when labor market conditions hamper efficient recruitment.Z All job
announcements and related material shall explicitly state that the City of Marysville is an equal
opportunity employer.
APPLICANT SCREENING
Job applicants must submit a completed City job application form to be considered for
appointment to a vacant position, unless this requirement is waived by the CAO. The City’s job
application form solicits applicant job-related data about job-related training, experience, and
references.
Applications will be screened by the Human Resources staff. Applicants may be disqualified for
employment consideration based on factors including, but not limited to, the following:
• Applicant cannot establish his or her United States citizenship or authorization to be
employed in the United States on a full-time basis, as required by law.
• Applicant does not possess the qualifications for the job.
• Applicant is not physically or mentally fit to perform the essential functions of the job,
with or without reasonable accommodations.
• Applicant has demonstrated an unsatisfactory employment record as evidenced by the
results of a reference check.
• Applicant has made false statements of any material facts or practiced deception in his
or her application.
Only those applicants who appear to possess the minimum qualifications required may be
considered for further testing and potential employment. In cases where there are a substantial
number of applications, the Human Resources staff will provide the hiring department with an
appropriate number of best qualified applicants.
Information from Previous Employers
Applicants for positions that require a Commercial Driver’s License (CDL) and who have worked
as drivers of commercial motor vehicles during the previous two years must authorize their
previous DOT employers to release their records of applicants’ positive alcohol or drug tests or
refusals to be tested to the City. The City will make a good faith effort to obtain and review the
information from prior employers within 14 days of new employees performing safety-sensitive
duties for the first time.
If records from previous employers contain verified positive drug test, alcohol tests with 0.04 or
higher alcohol concentration, or refusals to be tested within the past two years, job candidates
and new employees are prohibited from driving commercial motor vehicles unless subsequent
information indicates that an evaluation by a substance abuse professional was made and
return-to-duty testing was administered. The City may provide job candidates and new
employees with names of substance abuse professionals qualified to conduct return-to-duty
testing; however, the cost of this testing will be paid by the job candidate or new employee. An
employee who refuses to provide such consent may not perform safety-sensitive functions.
EXAMINATIONS
All appointments of City employees shall be made on the basis of ability, training and/or
experience of the appointees to perform the essential functions of the job. Applicants’ job
qualifications will be assessed by careful and impartial evaluation of specific job-related criteria,
designed to measure their ability to perform the essential functions of the job, with or without
reasonable accommodations.
Examinations may be used to evaluate applicants’ qualifications. Examinations shall consist of
material that tests the capacity and fitness of applicants to effectively perform the essential
duties, with or without reasonable accommodations, of the specific positions for which they are
applying. Examinations may be written, computerized, oral, a measurement of physical fitness,
practical, or any combination. There may be a fee assessed to cover the costs of testing.
EMPLOYMENT STATUS
Employees’ positions are categorized in several ways—type of appointment, work schedule,
and eligibility for overtime compensation--which affect compensation and eligibility for a
variety of benefits. Following is a brief description of employment categories.
Type of Appointment
• Regular: Employment is for an indefinite period of time. Employees may be eligible for
all employment benefits offered by the City. Employees have successfully completed
their orientation period.
• Temporary: Employment is for a specified, limited time period or an indefinite period of
time. The number of hours a temporary employee may work annually may be subject to
applicable collective bargaining agreements. Employees are eligible for only those
employment benefits that are legally required.
Temporary appointments shall be made by the appointing authority only for the
following reasons:
As a substitution for a regular employee who is absent from his or her position.
When recruitment difficulties make it impossible to make a regular appointment to a
position.
When budget appropriations provide only for temporary employment.
During a state of emergency.
• Seasonal: Employment is for a specified, limited period approximately six months or
less. The number of hours seasonal employees may work annually is subject to
applicable collective bargaining agreements. Employees are eligible for only those
employment benefits that are legally required.
Work Schedule
• Full-time: Employees regularly work 40 hours per week. Employees may be eligible for
all employment benefits offered by the City.
• Part-time: Employees regularly work at least 20 hours per week. Unless otherwise
stated, employees may be eligible for employment benefits on a prorated basis,
depending on usual number of hours worked per week.
Eligibility for Overtime Compensation
• Nonexempt: Employees are in a position classified as nonexempt under the Fair Labor
Standards Act (FLSA). Employees must receive overtime compensation or compensatory
time off at the rate of 1½ times the hourly wage rate for hours worked in excess of 40 in
one workweek. Nonexempt employees may be paid either on an hourly or salary basis.
• Exempt: Employees classified as exempt from the overtime provisions of the FLSA.
These employees are not entitled to overtime pay or compensatory time off.
All appointments of City employees shall be made by the Mayor or designee.
Employment at the City of Marysville is on an “at-will” basis. The statements of policy contained
in these rules are not a contract nor are they to be interpreted as a promise of employment.
Subject to any applicable labor contract, civil service rules, or federal, state, or local laws,
employment may be discontinued at any time by the City or by the employee, with or without
cause.
ORIENTATION PERIOD
Most newly-hired employees and former City employees serve an orientation period for six
months. These employees should receive performance evaluations at the end of three working
months and again toward the end of the six-month period. Employees’ department directors
will recommend to the CAO that employees have successfully completed the orientation
period, recommend an extension of the orientation period, or recommend dismissal; the
orientation period may be extended for one additional six-month period.
Employees who are promoted or transferred to another position serve an orientation period of
four months and may be demoted at any time during the orientation period without appeal. In
this case, employees may be returned to the position from which they were promoted or
transferred, even though this may necessitate the layoff of another employee occupying this
position.
Commissioned employees of the Police Department serve a probationary period at time of hire
and when promoted as specified in the Civil Service Rules.
Employees will be notified when they have successfully completed their orientation periods and
become regular status employees, provided that successful completion of an orientation period
does not modify an employee’s at-will status.
TRANSFER
The CAO may transfer employees to other positions, upon recommendation of department
directors or employees’ requests, to meet the needs of the City. Employees may not transfer to
positions for which they do not possess the qualifications to perform the essential functions of
the job, with or without reasonable accommodations. Transfers shall not be used to circumvent
policies regarding promotions, demotions, or terminations.
See the Orientation Period policy regarding the orientation period following transfers and the
potential for employees to return to their former positions. See Pay Plan policy for transfer
compensation practices.
PROMOTION
Employees may be promoted into vacant positions when there is a significant change in job
duties and/or an increase in job responsibilities. Promotions will not be made to circumvent
compensation policies and practices or solely to increase an employee’s compensation.
Vacancies in positions above entry level shall be filled by a promotion whenever, in the
judgment of the CAO, it is in the best interests of the City to do so. Promotions may be made on
a competitive basis, and appropriate consideration given to the applicant’s qualifications,
record of performance, seniority, and employment tenure. . External applicants may be sought
if the CAO finds that the number of persons qualified for the position internally is insufficient.
See the Orientation Period policy regarding the orientation period following promotions and
the potential for employees to return to their former positions. See Pay Plan policy for
promotion compensation practices.
RECLASSIFICATION
Positions may be considered for reclassification to a different job class when the job duties or
responsibilities have significantly changed. Reclassifications will not be made to circumvent
compensation policies and practices or solely to increase an employee’s compensation.
Department directors submit written requests for job analyses to the Human Resources
Director who performs a job analysis and submits his or her recommendation to the CAO. Upon
approval by the CAO, the recommendation is sent to the City Council for its consideration and
action. Reclassification of civil service personnel shall first be approved by the Civil Service
Commission.
See Pay Plan policy for reclassification compensation practices.
DEMOTION
The Chief Administrative Officer may demote employees when they have been promoted or
hired into a position for which the responsibilities are beyond employees’ capabilities.
Demotions shall occur only after a thorough evaluation by department directors and the CAO
and after adequate written warning. Employees shall not be demoted to a position for which
they do not possess the qualifications to perform the essential functions of the job, with or
without reasonable accommodations.
Demotions may be authorized by the CAO for an employee who requests it or to prevent a
layoff. Demotions to prevent layoffs may be reversed when employees’ previous positions are
reinstated or reopened.
DISCIPLINE
Violations of City policies are taken seriously; employees who violate policies or procedures
stated in this handbook, in civil service rules, and collective bargaining agreements, as
applicable, are subject to disciplinary action. Disciplinary action may also be taken for
unsatisfactory performance. The principles of progressive discipline are generally applicable;
however, the City reserves the right to take whatever action it deems appropriate, which may
include immediate termination. The degree of discipline administered generally depends on the
severity of the infraction or performance issue and will comply with applicable labor contracts,
civil service rules, and federal, state, or local laws.
The following are some examples of conduct that may lead to discipline or discharge. This list is
not all-inclusive; other behavior may also be grounds for discipline or discharge.
• Failure or refusal to perform the essential functions of the position assigned, with or
without reasonable accommodations.
• Insubordination, generally defined as disrespectful conduct toward a supervisor or
failure to follow a supervisor’s instructions. This may include other misconduct, such as
making threats, using coercion or physical violence or abusive language, or making
malicious statements.
• Refusal to work overtime or standby, as determined by the supervisor.
• Inability of employees in supervisory positions to effectively plan, organize, and direct
the work of subordinate employees.
• Inability of employees in executive positions requiring initiative and independent
judgment to perform effectively, except under excessive supervision by the CAO.
• Habitual failure to maintain a satisfactory working relationship with other employees or
the public.
• Theft, fraud, or sabotage against another employee, customer, or the City.
• Theft, destruction, or gross negligence that results in damage or loss to City equipment,
time, or property.
• Unauthorized use of City equipment and/or supplies.
• Deliberate or repeated discourtesy to the public.
• 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 CAO pending outcome of a
criminal charge if circumstances warrant.
• Any act or conduct detrimental to the good of the City or its services and any other
offense against the public interest.
The City is an at-will employer. Employees have the right to leave employment at any time, and
the City has the right to terminate employment at any time, with or without cause, subject to
applicable labor contract, civil service rules, or federal, state or local laws.
PRE-DISCIPLINARY HEARING
The CAO may provide and arrange for a pre-disciplinary hearing prior to demotion, suspension,
or discharge of employees. The following rules shall govern the conduct of such hearings.
• If a pre-disciplinary hearing is scheduled, the CAO shall provide the employee with
written notice of the cause for discipline and a summary of the City’s evidence relating
to the same. This notice shall advise the employee of his or her right to a pre-disciplinary
hearing. In extraordinary circumstances, the CAO may suspend an employee, with pay,
pending the scheduling of such a hearing.
• At the employee’s reasonable request, he or she may have legal counsel or union
representation at the pre-disciplinary hearing. This hearing shall be held before the
Mayor or designee. The hearing shall be informal. The employee or his or her
representative shall be given an opportunity to respond to all charges, orally or in
writing.
• The City’s explanation of the evidence at the pre-disciplinary hearing shall be sufficient
to inform the employee of the basis for the proposed action. This rule, however, shall
not limit the City at a subsequent hearing from presenting more detailed and complete
evidence, including presentation of witnesses and documents not available at the pre-
disciplinary hearing.
• After the pre-disciplinary hearing, if the Mayor determines that discipline is appropriate,
written notice of it shall be given to the employee. Such notice shall include the charge
against the employee and a general statement of the evidence supporting the charges.
SUSPENSION
The Chief Administrative Officer may suspend employees from their positions without pay at
any time with or without cause. Suspensions shall not be for a period longer than 30 calendar
days. Employees do not accrue seniority, paid leave, or other employee benefits during the
suspension period. Suspensions of exempt employees must be in full week increments, except
that suspensions for violations of major safety rules may be in one-day increments.
The CAO shall provide employees with written notice of facts supporting their suspensions. This
notice will become part of an employee’s personnel file.
DISCHARGE
The Chief Administrative Officer may discharge any employee with or without just cause,
subject to applicable labor contracts, civil service rules, and federal, state and local laws.
LAYOFF
Layoffs may result from lack of work or budgetary restrictions, among other reasons.
Employees to be laid off shall be given 14 days notice, except in cases of emergency, before
layoffs occur. Regular employees shall not be laid off while another person in the same
classification is employed on a temporary or casual basis or is still in an orientation period in a
position for which regular employees are qualified.
RESIGNATION
The City’s at-will employment relationship does not require advance notice of resignations or
terminations; however, employees are encouraged to submit written resignations to their
department directors at least two weeks prior to the effective date of resignation.
Department directors shall send resignation notifications to the CAO as soon as possible.
Failure to provide the requested notice may result in forfeiture of accrued vacation leave;
however, department directors may waive the two week notice requirement.
RETIREMENT
All regular full- and part-time City employees belong to a Washington State-sponsored retirement
plan. Some employees working in temporary or casual positions may belong to a Washington State-
sponsored retirement plan; the State establishes eligibility rules and plan requirements. Employees
and the City both contribute a percentage of employees’ wages into the retirement system plans
monthly.
COMPENSATION
CLASSIFICATION PLAN
In the City’s job classification system, all positions are assigned to a “class” with other positions
requiring a similar level of knowledge, skills, abilities, responsibilities, and accountability. The
City has analyzed and evaluated the duties and responsibilities of all job positions, and a job
classification plan has been adopted by the City Council. The Human Resources Director shall
periodically review the classification plan and make recommendations for change to the CAO
who, upon approval, will submit the plan to the City Council for its approval. The City Council
makes final decisions about placement of positions within the classification plan.
PAY PLAN
As part of the classification program, a compensation plan has been established which includes
all salaried positions. Each job class is assigned to a salary range, which after job analysis and
market considerations reflects appropriate compensation for those positions. The plan consists
of salary ranges with set salary steps based on job tenure, which are separated by a fixed
percentage.
Typically, salaries for newly hired or promoted employees will be set at the bottom step in the salary
range for their positions, except that the appointing authority may set salaries for employees hired
with special experience or qualifications, or under special circumstances, at any step within the salary
range for their position.
Employees are eligible to advance from one salary step to the next per their job tenure. Step
increases may be denied, however, upon the recommendation of department directors and
approval of the CAO, provided that employees receive advance written notice outlining the
reasons. Employees are eligible for merit increases to the top step of salary ranges after one
additional year of service at the recommendation of their department directors. Merit
increases shall not be automatic.
Non-represented employees may be eligible for an annual performance award for exceptional
performance on a major project, assignment or accomplishment. The amount of the award will
be reviewed annually during the budget process and may vary based on the availability of
funds, market data and trends. The performance award will be given at the end of the year and
will not be added to base pay.
The salary ranges for department director positions have base and maximum salaries--there are
no fixed wage steps—and each department director’s salary is set within the applicable range.
Salary increases for department directors shall range from 0% - 6%, based on their abilities to
meet projected goals, performance standards, and overall department operations.
All employees shall be assigned to the salary range for their job classifications. Employees
promoted or reclassified to new positions having higher pay ranges shall receive a salary
increase of at least 2.5% or the lowest step in the new position classification, whichever is
greater, except as otherwise approved by the CAO in extraordinary circumstances. Employees
reclassified to new positions having lower pay ranges shall have their new compensation set
within the pay range of the new position.
Employees assigned, in writing, to work in a temporary capacity in a higher classification shall
receive appropriate compensation as determined by the CAO.
Employees assigned to perform additional responsibilities outside of their regular work
schedule or responsible for performing mission critical emergency support may receive
appropriate compensation as determined by the CAO. Examples include command duty pay
and on-call pay. Any compensation for additional responsibilities or mission critical
emergency support may be amended or rescinded at any time at the discretion of the CAO.
Employees shall not receive any additional compensation or fringe benefits due to employment
tenure with the City except as specifically provided in these policies or in the duly-adopted pay
plan of the City. Police management will receive a clothing allowance for the additional cost of
uniforms and clothing costs incurred for the profession as determined by the CAO. Any
compensation for a clothing allowance may be amended or rescinded at any time at the
discretion of the CAO.
The City Council allocates funds in the annual budget for employee compensation, and all
compensation actions must comply with the budget.
OVERTIME COMPENSATION
The federal Fair Labor Standards Act mandates compensation for overtime work for nonexempt
employees. Nonexempt employees must receive either overtime pay or compensatory time off
at a rate of 1 ½ times their regular rate of pay for time worked in excess of 40 hours per
workweek, unless otherwise granted more expansive compensation for overtime in a collective
bargaining agreement. The City may not compel use of compensatory time off in lieu of
monetary compensation for overtime worked.
Before overtime is worked, employees must have verbal approval from their department
directors or designee. Approved vacation leave, compensatory time off, and holidays are
counted as time worked for the purposes of computing overtime worked. All other absences,
including sick leave, are not counted as time worked for the purposes of computing overtime,
except as approved by the CAO in extraordinary circumstances.
COMPENSATORY TIME
Nonexempt employees may request compensatory time off at the rate of 1½ times the actual
time worked as overtime hours, in lieu of monetary compensation. Compensatory time will not
accrue until a minimum of one-half hour has been earned.
Employees’ supervisors have the discretion to approve use of compensatory time off.
Compensatory time off shall be scheduled as soon as possible after accrual to meet the needs
of employees and the City. Compensatory time off may be used to extend vacation periods or
on its own; in either case, it may be used for up to four days or four shifts at one time. The City
reserves the right to compel use of accrued compensatory time.
Accrued compensatory time shall not exceed 80 hours in a calendar year; no more than 40
hours of compensatory time shall be carried over into the next calendar year. All amounts in
excess of 80 hours will be paid out as overtime as they occur. All hours over the 40-hour limit
on December 31st will be paid out on the last pay check for December.
Exempt employees are not eligible for compensatory time off.
PAYROLL DEDUCTIONS
Some regular deductions from employees’ earnings are required by law; other deductions are
voluntary and must be specifically authorized by employees. The City will withhold from
employees’ paychecks those deductions required or permitted by law and voluntary deductions
authorized by employees, an applicable union contract, or statute. Voluntary deductions must
be requested in writing by employees to the Human Resources office.
EXEMPT EMPLOYEES
Federal and state regulations require exempt employees to be paid on a salary basis. Exempt
employees are not eligible for overtime; they are expected to work as many hours as required
to perform the duties of the position.
Generally after accrued paid leave is used, exempt employees’ salaries may be reduced only for
full day absences for personal reasons, illness, or injury. Deductions for unpaid family and
medical leave (per the Family and Medical Leave Act), however, may be made in partial-day
increments. Also, exempt employees may be paid for partial workweeks in the first and last
weeks of their employment with the City.
Exempt employees continue to receive their full salary during workweeks that they are on jury
duty, serving as a court witness, or on temporary military leave, beyond that which is expressly
provided for in these policies, as long as they work during part of every workweek. Employees
do not need to be at the work site to perform work; responding to phone or email messages is
considered work (provided that remote work must generally be approved in advance by an
employee’s supervisor).
Unpaid disciplinary suspensions for exempt employees must be in increments of a week, except
for violations of safety rules of major significance, which may be in one day increments.
The City complies with the salary basis requirements of the Fair Labor Standards Act (FLSA) and
does not make improper deductions from the salaries of exempt employees. Exempt
employees are those employed in a bona fide executive, administrative, or professional
capacity and who are exempt from the FLSA’s overtime pay requirements. Circumstances when
partial or full day deductions may be made include the initial or terminal week of employment;
unpaid leave under the Family and Medical Leave Act or; for penalties imposed in good faith for
infraction of safety rules of major significance.
Exempt employees who believe that an improper deduction has been made to their salary,
should immediately report this information to the Human Resources Department. Reports of
improper deductions will be promptly investigated and, if it is determined that an improper
deduction has occurred, prompt reimbursed for any improper deduction will be made.
HOURS OF WORK
WORKWEEK AND TIMESHEETS
The typical workweek for City employees is 8:00 a.m.-5:00 p.m., Monday through Friday, with a
one hour meal period during which employees are completely relieved of all duties; this is a 40-
hour workweek. The typical full week is Monday through Sunday. Due to the nature of their
work and the needs of the City, some departments may have different schedules or workweeks,
as determined by the CAO. Normal workweeks may be modified by the CAO in response to
budget requirements or emergency conditions. The City will consider requests for alternative
work schedules on an individual basis.
Employees shall not begin work before their normal starting time or work after their normal
ending time without the prior approval of their supervisor, nor shall they work overtime hours
without verbal approval from their department directors or designees.
Overtime compensation begins when an employee works in excess of 40 hours in one
workweek. Approved vacation leave, compensatory time off, and holidays are counted as time
worked for the purposes of computing overtime. All other absences, including sick leave, are
not counted as time worked for the purposes of computing overtime, except as approved by
the CAO for extraordinary circumstances.
Official payroll records, including timesheets, are kept by the Finance Department. Employees
must accurately report all hours worked and leaves taken on specified payroll forms. Falsifying
payroll records, such as underreporting of leave time or over reporting of working time, is
prohibited; failure to accurately complete payroll forms is grounds for disciplinary action.
Department directors shall turn in signed timesheets for all employees within their
departments, recording hours worked, leaves taken, and overtime hours worked for each
payroll period. Earned or accrued compensatory time shall be documented on City forms,
including the date, number of hours, and the activity for which compensatory time is being
claimed. The Mayor or designee shall sign timesheets for department directors.
ATTENDANCE AND PUNCTUALITY
Attendance is essential to the performance of an employee’s job. Absences lower production
levels, decrease efficiency, and may reduce the quality of customer service. Employees are
expected to report for work at their scheduled times and be ready to work.
Employees must receive prior approval from their supervisors to take all leaves authorized in
these personnel policies. When employees know they will be late to or absent from work for an
unscheduled leave, they must contact their supervisors prior to the start of their shift to enable
supervisors to make necessary arrangements to continue employees’ functions during their
absences. Failure to report to work on time and to work the full hours scheduled costs the City
money in decreased productivity and potentially increased staffing. Failing to notify supervisors
in a timely manner regarding an unscheduled absence, or arriving late and leaving early at any
point in the work shift, are considered unauthorized absences and may result in disciplinary
action.
REST BREAKS AND MEAL PERIODS
Non-exempt City employees are entitled to a 15-minute break on the employer’s time for every
four hours worked. Office personnel should take their breaks in designated areas. Field
employees should take their breaks on the job site or station premises. With the approval of
department directors, work breaks may be taken in places other than designated areas. Misuse
of work breaks may be cause for disciplinary action.
Employees working more than five hours in a day must take an unpaid meal period of at least
30 minutes, which shall be scheduled by department directors. Meal period times may vary
depending upon department workload, but they must occur not less than two hours nor more
than five hours from the beginning of the employee’s shift. Meal periods shall be on the
employer’s time when the employee is required by the employer to remain on duty on the
premises or at a prescribed work station site in the interest of the employer.
Additionally, for one year following childbirth, non-exempt employees who are nursing mothers
are entitled to unpaid breaks during the workday for the purpose of expressing breast milk.
These breaks will be paid to the extent they run concurrently with the above-referenced daily
breaks. The City will provide a suitable, private location for nursing breaks. An employee who
needs nursing breaks may confer with her supervisor or Human Resources to make appropriate
arrangements for those breaks.
INCLEMENT WEATHER
During inclement weather, the CAO will decide whether or not to close City offices. If the offices
are open but employees are unable to travel to the office, they must contact their supervisors.
For nonexempt employees, an absence due to inclement weather will be treated as vacation
time or unpaid time off, at employees’ discretion, regardless of whether the offices are open or
closed, unless they are able to work at a remote location, as approved by their supervisors.
ALTERNATIVE WORK SCHEDULE
Regular full-time employees are eligible to apply for alternative work schedules. Alternative
work schedules may be approved if they will not materially interfere with the City’s regular
business operations and will not compromise the City's existing service to citizens.
Department directors and the Human Resources Director will recommend action on employees’
requests, and the CAO has the sole discretion to approve alternative work schedules based on
objective review of the individual circumstances and the demands of the position and needs of
the department and City. Employees who have documented performance problems or
employees in their orientation periods may be denied their request for an alternative work
schedule based on individual circumstances.
Approved alternative work schedules will be implemented for a trial period not to exceed six
months. After three months working an alternative work schedule, the department director
and Human Resources Director will reevaluate the situation and recommend its continuance or
discontinuance to the CAO. Alternative work schedules can be discontinued at any time, with or
without cause.
There are a variety of possible alternative work schedules. Three of the most common are the
following:
• 4/40: Employees work four days per week for ten hours per day. Any change in day off
must be preapproved and will be a change in employees’ regular work schedules.
• 9/80: Employees work 80 hours over a two week period of nine working days. For
example: Employees work four days of nine hours per day and one day of eight hours
the first week, and the second week, they work four days of nine hours per day. This
results in one extra (in addition to regular nonworking days, such as weekends) day off
every two weeks.
• Flexible hours: Core hours, those hours that must be part of a regular work schedule, are
established, and employees have flexibility to alter the start and end of their regular
workday. For example, for an 8-hour day (plus a 1-hour lunch break), if core hours are
set at 10 a.m.-4 p.m., the employee could work from 7 a.m.-4 p.m., 9 a.m.-6 p.m., or a
similar schedule.
Alternative work schedules must be predesignated and are not flexible. Employees’
workweeks, as defined by the Fair Labor Standards Act, are a fixed and regular recurring period
of 168 hours–seven consecutive 24-hour periods. The workweek can begin on any day of the
week and at any hour of the day. Once the beginning time of a workweek is established,
however, it must remain fixed regardless of the schedule of hours worked by employees. The
beginning of the workweek may be changed if changes are intended to be permanent and are
not designed to evade overtime requirements of the FLSA.
Changes in alternative work schedules must be preapproved by department directors, Human
Resources Director, and CAO and will be a change in employees’ regular work schedules.
During weeks in which paid holiday leave occurs, employees on alternative work schedules
have two choices. They may either revert to a regular 5 days/40 hours schedule (employees
working a 9 days/80 hours schedule will need to revert for two weeks) or they may use accrued
vacation or compensatory leave time to make up any difference in the number of regularly
scheduled work hours since a holiday is always considered to be eight hours.
Sick leave and vacation leave will continue to accrue at the regular rate. When employees use a
full workday of sick or vacation leave, the time charged will be equivalent to the number of
hours they were scheduled to work that day. This accounts for actual time absent for regularly
scheduled work hours.
Rest breaks and meal periods must be taken per the City’s Rest Breaks and Meal Periods policy.
Employees interested in applying for an alternative work schedule should contact the Human
Resources office to obtain the appropriate form.
EVALUATION, TRAINING, AND DEVELOPMENT
EMPLOYEE DEVELOPMENT
The City of Marysville encourages professional development of employees to their fullest
potential. The CAO or designee and department directors will establish in-service training
programs designed to improve the effectiveness and knowledge of employees in performing
their assigned duties. They shall establish training expenditures, maintain records of
achievement, and evaluate methods and results of all department-sponsored training.
City-sponsored training required to increase the knowledge, skills, and abilities of employees to
perform their jobs shall be arranged during regularly-scheduled work hours whenever possible.
Department directors may change employees’ regular working hours to accommodate or
require attendance at training activities during off-duty hours.
PERFORMANCE EVALUATION
The employee performance evaluation program is designed to provide supervisors and
employees an annual opportunity to sit down and discuss employees’ accomplishments and
positive contributions, as well as identify things they would like to improve, change, or learn.
The employee performance evaluation form is both a progress report and statement of
mutually agreed-upon goals and action plan to attain the goals; this becomes part of
employees’ personnel files.
The purpose of performance evaluation is for supervisors and employees to focus on job
performance, not the personality of the individual. Supervisors should be aware of employees’
job performance throughout the evaluation period and discuss and address performance issues
as they arise. Supervisors should not save these concerns to “unload” on employees during the
evaluation session.
Supervisors and employees will thoroughly discuss each job evaluation element; employees will
provide their input first, followed by the supervisors’ input, and discussion between them
should be specific and realistic. Mutually agreed-upon goal statements, aimed to enhance the
effectiveness and efficiency of the work being performed, is required as part of the
performance evaluation. Supervisors complete evaluation forms, both parties sign the
document, employees’ receive copies of it, and it becomes part of employees’ personnel files.
A performance develop plan needs to be completed if the overall rating for any job evaluation
element is Below Expectations or Unsatisfactory. The purpose of the plan is to address the most
significant areas the employee needs to improve performance or knowledge.
Performance evaluations are not scored, and there is no pass or fail mark. Performance
evaluations, however, will be considered in promotions, transfers, merit raises, disciplinary
actions, and other personnel actions.
Evaluation sessions should occur in January, or annually in the employee’s anniversary month,
as determined by department directors. Newly-hired employees should receive a three-month
evaluation as well as a six-month evaluation. Employees who transfer to another position or are
promoted receive a four-month evaluation.
TUITION REIMBURSEMENT
The City of Marysville recognizes that additional training and education will improve
employees’ knowledge and skills, which maintains and improves the quality of service to the
public. The tuition reimbursement program provides financial assistance for eligible City
employees seeking job-related education and training through a regionally accredited
education institution, including colleges, universities, and vocational training institutions.
Regular full- and part-time employees who have completed their orientation periods may be
eligible for tuition reimbursement. During the annual budget process, the City will determine
the level of tuition reimbursement for college level coursework. Tuition payments will be made
only with funds budgeted for such purpose by departments. If there are insufficient funds to
fund all requests, applications for reimbursement will be considered based on the needs of the
City. All tuition reimbursement requests must be preapproved by department directors and the
CAO; situations with extenuating circumstances may be approved by the CAO on a case-by-case
basis.
Employees seeking tuition reimbursement must apply to department directors at least 60 days
before the funds are needed. Employees are responsible for ensuring that tuition has been
properly paid to the educational institution.
Tuition reimbursement requests that meet the following criteria may be approved.
• The education or training is related employees’ current positions or to a field which is
within a reasonable line of professional progression for employees within the City.
• Paid time cannot be used to participate in education or training under this program, as
distinct from mandatory education or training requirements.
• Payment will be made for actual tuition costs only; no City funds will be paid for books,
lab fees, or other costs associated with the education or training.
• Reimbursement will be based upon actual cost as verifiable by receipt.
• Employees must not be receiving tuition reimbursement from other sources.
• Courses must be taken at times that will not interfere with the employees’ regular
duties and responsibilities with the City, and study assignments must be completed
outside employees’ working hours.
• Employee must receive a grade of “C” or better, or a grade of “passing” in a pass/fail
class, within three weeks of completing the course.
Tuition reimbursement payments are loans that must be repaid to the City by employees who
separate from employment with the City for any reason other than layoff or permanent
disability resulting from an on-the-job injury prior to 24 months after completion of the
reimbursed education or training. Employees are required to agree, in writing, to repay
reimbursement payments in such circumstances, as a condition of receiving tuition
reimbursement.
PARTICIPATION IN COMMUNITY CLUBS AND SERVICE ORGANIZATIONS
The City of Marysville encourages employees to participate in activities of Marysville civic and
service organizations. Employees are encouraged to seek membership in organizations where
membership will promote the City of Marysville’s interests, provide benefit to the community
or enhance the City’s image and effectiveness in the community.
The Chief Administrative Officer (CAO) and/or Mayor may identify certain organizations in
which it is in the interest of the City to be represented. The CAO/Mayor may designate the
employees that will be sponsored for membership. In no case shall the City sponsor more than
four employees per organization.
Factors normally considered when selecting organizations and employees include: the nature
and purpose of the club or organization; the potential benefit to the City of Marysville,
including the enhancement of the employee’s leadership skills; the cost of membership; and
the extent to which the City is already represented in the organization.
The Mayor, CAO, Directors and Police Commanders are eligible for sponsorship under this
policy unless otherwise determined by the Mayor or CAO. Changes to civic and service
organization sponsorship can be made at any time by the Mayor or CAO. An initial sponsorship
does not guarantee continued City sponsorship. An employee must be a member in good
standing to be reimbursed for membership.
Employees who are sponsored for membership are eligible for reimbursement of the civic or
service organization dues through the reimbursable expense process.
• Associated costs of membership, including mileage, expenses and time incurred by an
employee as a result of their membership such as, committee participation,
appointed/volunteer/elected position duties and participation, or time and expenses
incurred as a result of attendance at related meetings such as regional, state, or national
conventions, will not be reimbursed or authorized for payment by the City.
• Any meal expense considered an integral and mandatory portion of the membership
may be reimbursed and may be considered a benefit subject to taxation and payroll
deduction.
• Depending upon budget, no more than $2,500 will be paid to a single organization for
organization dues.
Employees sponsored for membership act as representatives of the City of Marysville and are
prohibited from exerting influence on other employees or officers to provide financial
contributions or other support to the civic or service organization; using the civic or service
organization as a forum for lobbying in support of or opposition to political or legislative
actions; and using the civic or service organization as a forum for promoting endeavors in which
the officer or employee may have a direct or indirect financial interest or may acquire a
personal benefit or gain.
HEALTH AND WELFARE BENEFITS
OVERVIEW OF HEALTH AND WELFARE BENEFITS
The City of Marysville offers various health and welfare benefits for its regular full- and part-
time employees. Many benefits are prorated for part-time employees. There may be other
benefits provided that are required by state or federal statute, including workers’
compensation and unemployment compensation, which are not described below; these
benefits may be provided to temporary employees as well as regular employees. Contact the
Human Resources staff for information about these benefits.
Benefits available to eligible employees may include health insurance, retirement plan,
deferred compensation, employee assistance program, flexible spending accounts, HRA VEBA
accounts and optional employee-paid supplemental insurance. Many of these benefits are
provided at the City’s discretion, and the City reserves the right to make changes to or
discontinue them at any time. Detailed plan documents describing these benefits are
distributed to employees at orientation, when plans change, in response to employees’
questions, and as otherwise required by law.
Employees are responsible for notifying the Human Resources office of status changes that
might affect their eligibility for benefits, or that of their spouse, domestic partner, or
dependents, including births, adoptions, marriages, legal separations, divorces, and
dependents’ 26th birthdays.
Some insurance and retirement plans require employees to designate a beneficiary(ies) for
employees’ death benefits. This designation must be made in writing in a form acceptable to
the insurance company or retirement plan. Employees are responsible for maintaining the
proper beneficiary designation and notifying, in writing, the Human Resources office of any
changes in status affecting eligibility or designations.
Following is a summary of some of these health and welfare benefits. This is only an overview
of the plans; contact the Human Resources staff for detailed information. Official benefits
plans’ documents take precedence over all other sources of information, written or verbal.
Health Insurance
Health coverage is administered in accordance with the Employer Shared Responsibility
provisions of the Patient Protection and Affordable Care Act, as amended (PPACA). The
benefits, terms, and conditions of the health benefit plan, including costs owed by eligible
employees, are explained in a separate plan document (the “Plan”) or in applicable collective
bargaining agreements. If there are conflicts between this policy, the Plan, and any collective
bargaining agreements, the document satisfying the minimum protections of the PPACA shall
apply.
A choice of health insurance plans may be offered; typically, health insurance includes medical,
dental, and vision coverage. There may be an annual open enrollment period when a different
health insurance plan may be selected or a spouse, domestic partner, or dependents may be
added to employees’ health insurance coverage. If an employee’s spouse and/or dependents
have medical insurance coverage through another employer’s insurance plan, the employee
may be eligible for the City’s dual coverage medical insurance incentive program.
Definitions and Classifications
Full-time. At time of hire or change in job classification, employee is reasonable expected to
work an average of 30 or more hours per week. Full-time employees are eligible for health
coverage and will be enrolled in health coverage as specified in the Plan.
Part-time. At time of hire or change in job classification, employee is reasonable expected to
work less than 30 hours per week. Part-time employees are subject to monthly and annual
hours’ limitations and are generally not eligible for health coverage, unless otherwise specified
under the terms of the Plan or applicable collective bargaining agreement.
Variable-hour. At time of hire or change in job classification, the City cannot determine whether
employee will or will not average 30 or more hours per week. Variable-hour employees are
subject to monthly and annual hours limitations and are generally not eligible for health
coverage, unless otherwise specified under the terms of the Plan or applicable collective
bargaining agreement.
Seasonal. At time of hire or change in job classification, employee is hired or re-hired into a
position for which the customary annual employment is approximately six months or less,
beginning in approximately the same season of each calendar year. Seasonal employees are
subject to a mandatory annual break in service of six continuous months and are not eligible for
health coverage, unless otherwise specified under the terms of the Plan or applicable collective
bargaining agreement.
Dependents. Children of qualified full-time employees, up to age 26, are eligible for health
coverage. Includes biological and adopted children but excludes spouses, domestic partners,
stepchildren and foster children.
Volunteers. Individuals who provide services to the City on a voluntary basis are not employees
and are not eligible for health coverage.
Work Hours Limitations
For certain employee classifications, the City restricts the maximum annual and/or monthly
hours of work.
Full-time employees:
• Are not subject to an annual or monthly work hour’s limitation.
• May work 30 or more hours per week, without limit, unless otherwise limited by the City
Personnel Rules or applicable collective bargaining agreement.
• Are not subject to initial or standard measurement, administrative, or stability periods
(discussed below).
Part-time employees:
• Are subject to an annual work hour’s limitation and may not exceed 1500 hours annually.
• May not exceed 125 hours in any single calendar month.
• Are subject to initial and standard measurement, administrative, or stability periods
(discussed below) and are generally not eligible for health coverage, unless otherwise
specified under the terms of the Plan or applicable collective bargaining agreement.
Variable-hour employees:
• Are subject to an annual hour’s limitation and may not exceed 1500 hours annually.
• Hours may vary from week to week but not exceed 125 hours in any single calendar month.
• Are subject to initial and standard measurement, administrative, or stability periods
(discussed below) and are generally not eligible for health coverage, unless otherwise
specified under the terms of the Plan or applicable collective bargaining agreement.
Seasonal employees:
• Work 30 or more hours per week, without limit, unless otherwise limited by the City’s
overtime policy, job description or the terms of any applicable collective bargaining
agreement.
• Annual employment is six months or less with a break in service of six continuous months
before eligible for re-hire. Employment typically begins at approximately the same time
each year.
• Are subject to initial and standard measurement, administrative, and stability periods
(discussed below) and are generally not eligible for health coverage, unless otherwise
specified under the terms of the Plan or applicable collective bargaining agreement.
Measurement and Administrative Periods – Initial Periods
The City uses a 12-month initial measurement period to measure the hours of new part-time,
variable-hour, and seasonal employees.
The City uses an initial administrative period of not longer than two months, divided in two
phases. The first phase begins on the date of hire of a new part-time, variable-hour, or seasonal
employee and continues until the last day of that calendar month. The second phase begins at
the end of the 12-month initial measurement period and lasts for one full calendar month. The
purpose of the first phase of the initial administrative period is to reduce administrative
complexity by consolidating all new part-time, variable-hour, and seasonal employees hired
during a month into the same initial measurement and stability periods. The purpose of the
second phase of the initial administrative period is to allow the City to calculate the hours
worked by employees during the initial measurement period and to enroll eligible employees in
health coverage.
The City uses a 12-month initial stability period for purposes of providing or excluding health
coverage to new part-time, variable-hour, and seasonal employees. If an employee works an
average of 30 hours or more per week during an initial measurement period, the employee will
be deemed a full-time employee and will be eligible for health coverage during the initial
stability period, regardless of the hours worked during the initial stability period, so long as the
employee remains employed by the City.
Initial Administrative Period (Phase 1) Begins on date of hire, continues until end of month.
Initial Measurement Period Begins on first day of first full calendar month
following date of hire and continue for 12 months.
Initial Administrative Period (Phase 2) Begins on first day of the first full calendar moth
following Initial Measurement Period and lasts for
the entire month.
Initial Stability Period Begins on first day of first full calendar month
following Phase 2 of Initial Administrative Period
and continues for 12months.
To determine the average hours worked by each employee during the 12-month initial
measurement period, the City will divide the employee’s total hours worked during the period
by 52.
The measurement, administrative, and stability periods discussed above are in accordance with
the ‘look-back’ requirements of the PPACA. In addition, pursuant to the City’s policy, and apart
from the requirements of the PPACA, part-time employees working 20 or more hours per week,
but less than 30 hours per week, may also be eligible for health coverage. For purposes of
administrative record-keeping, such part-time employees will continue to have their hours
measured pursuant to the City’s initial and standard measurement periods, but will remain
eligible for health coverage at all times during their employment.
Measurement and Administrative Periods – Standard Periods
The City uses a 12-month standard measurement period to measure the hours of all ongoing
part-time, variable-hour, and casual employees hired on or before the start of a standard
measurement period.
The City uses a standard administrative period of 31 days. The purpose of the standard
administrative period is to calculate the hours worked by employees during the preceding
standard measurement period and to enroll eligible employees in health coverage during the
resulting standard stability period.
The City uses a 12-month standard stability period for purposes of providing or excluding health
coverage to ongoing part-time, variable hour, and seasonal employees. If an employee works
an average of 30 hours or more per week during a standard measurement period, the
employee will be deemed a full-time employee and will be eligible for health coverage during
the resulting standard stability period, regardless of the hours worked during the standard
stability period, so long as the employee remains employed by the City. If an employee works
an average of less than 30 hours per week during the standard measurement period, the
employee will not be deemed a full-time employee and may be eligible for employee only
health coverage during the resulting standard stability period.
Standard Measurement Period December 1 of (Year 1) through November 30 of
(Year 2)
Standard Administrative Period December 1 through December 31 of each year.
Standard Stability Period January 1 through December 31 of each year.
To determine the average hours worked by each employee during the 12-month standard
measurement period, the City will divide the employee’s total hours worked during the period
by 52.
The measurement, administrative, and stability periods discussed above are in accordance with
the ‘look-back’ requirements of the PPACA. In addition, pursuant to the City’s policy, and apart
from the requirements of the PPACA, part-time employees working 20 or more hours per week,
but less than 30 hours per week, may also be eligible for health coverage. For purposes of
administrative record-keeping, such part-time employees will continue to have their hours
measured pursuant to the City’s initial and standard measurement periods, but will remain
eligible for health coverage at all times during their employment.
Measurement and Administrative Periods – Overlapping Initial and Standard Periods
The City’s standard measurement periods apply to all ongoing part-time, variable-hour, and
seasonal employees hired by the City on or before the start date of a standard measurement
period. New part-time, variable-hour, and seasonal employees will be measured by both the
City’s initial measurement period and the first standard measurement period beginning on or
after each employees’ date of hire.
Based on the overlapping nature of initial and standard measurement and stability periods,
situations will arise where part-time, variable-hour, and seasonal employees will be subject to
simultaneous initial and standard measurement, administrative, and stability periods.
If the City determines an employee is eligible for health coverage during an initial measurement
period or standard measurement period, the employee must be enrolled in health coverage for
the entire associated stability period. This is the case even if the employee is determined to be
eligible for health coverage during the initial measurement period but determined not to be
eligible for coverage during the overlapping or immediately following standard measurement
period. In such a case, the City may exclude the employee from health coverage only after the
end of the initial stability period. Thereafter, the employee’s eligibility for health coverage
would be determined in the same manner as that of other ongoing part-time, variable-hour, or
seasonal employees.
In contrast, if the City determines an employee is not eligible for coverage during the initial
measurement period, but is eligible for coverage based on the overlapping or immediately
following standard measurement period, employee will be eligible for health coverage for the
entire standard stability period (even if the standard stability period begins before the end of
the initial stability period). Thereafter, the employee’s eligibility for health coverage would be
determined in the same manner as other part-time, variable-hour, or seasonal employees.
Rules Concerning Eligibility and Enrollment
To be enrolled in health coverage under the Plan, eligible employees must comply with all
applicable application requirements and deadlines. Failure to do so may result in delayed or no
enrollment until the next annual enrollment period or upon a qualified change in status.
If an eligible employee’s payment for the cost of health coverage is untimely, the terms of the
Plan provides when coverage terminates and whether there is a grace period for payment. The
City is not required to provide health coverage for the period for which the cost of health
coverage is not timely paid and may terminate coverage.
Eligible employees, up to 25%, have the right to waive enrollment in the City’s health coverage.
The City will provide a written waiver that must be timely completed, signed, and submitted by
the eligible employee desiring to waive enrollment. Unless the Plan specifies otherwise, a new
waiver must be completed annually. Otherwise eligible employees who previously waived
enrollment may re-enroll annually during open enrollment.
Hours for Paid and Unpaid Leave During Measurement Periods
Hours of service for employees during measurement periods include both actual hours of
service worked and paid hours for vacation leave, sick leave, holiday leave, or other paid leave.
Periods of unpaid leave, including unpaid FMLA or military leave, are excluded from the hours
calculation during any measurement period.
Administrative periods overlap with measurement and stability periods. Employees offered
health coverage during a stability period must remain enrolled in coverage during a subsequent
administrative period. Employees excluded from health coverage during a stability period
remain excluded from coverage during a subsequent administrative period.
Breaks in Service
Employees, regardless of classification, who separate their employment with the City,
voluntarily or involuntarily, must have a break in service of at least 13 continuous weeks before
being eligible for re-hire. Employees re-hired after a break in service of at least 13 continuous
weeks will be treated as a “new” employee, without any consideration given to previous hours
worked or previous measurement or stability periods that may have applied prior to
separation.
Employees who are re-hired into full-time and qualifying part-time (20 hours per week or more)
positions must be enrolled in health coverage no later than the first day of the month following
their date of re-hire. Employees who are re-hired into variable-hour or seasonal positions are
subject to the City’s initial measurement, initial administrative, and initial stability periods.
The City reserves the right to suspend this rule on a case-by-case basis.
Retirement Plan
Regular full- and part-time employees participate in a Washington State-sponsored retirement
plan; part-time employees receive prorated service credit based on usual hours worked. Casual
and temporary employees are typically ineligible to participate in Washington State retirement
plans unless they meet the eligibility requirements of the plans.
Deferred Compensation Plans
The City may offer a choice of deferred compensation plans. Employees may enroll in a plan at
any time during the year, and change their monthly contributions per plan regulations.
Employee Assistance Program
The employee assistance program provides short-term, confidential counseling specifically
designed to assist employees and their families in handling personal and work-related
problems. The City’s program makes seeking assistance very easy.
Flexible Spending Accounts
Employees may pay for qualified dependent care and/or medical expenses with pretax dollars
through flexible spending accounts. Employees forfeit any unused balance in the flexible
spending account at the end of the plan year.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
COBRA provides certain former employees, retirees, spouses, domestic partners, former
spouses, and dependent children the right to temporary continuation of health insurance
coverage at group rates. This coverage is only available when it is lost due to a qualifying event,
such as reduction in working hours, termination of employment, divorce, or death. Employees,
spouses, and dependents covered by the City’s health insurance plans will be notified, when
applicable, of the opportunity to continue their health care coverage under COBRA.
Other Insurance Benefits
Employees may be able to purchase disability insurance through a vendor at group rates. They
may also be able to purchase optional insurance plans such as life, accident, or cancer
insurance.
Employees of the Police Department, excluding the Records Division and non-represented
employees, may be eligible for employer-paid long-term disability insurance.
DUAL COVERAGE MEDICAL INSURANCE INCENTIVE
The City recognizes the need for innovative cost sharing between itself and its employees for
medical insurance benefits. The dual coverage medical insurance incentive program is a
voluntary incentive program in which employees can remove themselves, their spouses/
domestic partners and dependents who have health insurance coverage under another
employer’s group policy from the City’s medical insurance plan.
Under this program, the medical insurance premium that the City would have paid on the
employee’s behalf will be split between the City and the employee. The City benefits from a
50% cost savings. The employee receives the other 50% cost savings in his or her paycheck as
taxable wages. The incentive amount is capped at employee, spouse/domestic partner and two
children. When both spouses/domestic partners are regular City employees, both employees
must remain on their own City plan.
Employees may chose to remove themselves and dependents from the City’s medical insurance
plan during open enrollment or during the plan year if there is a qualifying event such as a
divorce or the person obtains other coverage. Employees are only eligible to enroll in the
incentive plan once per calendar year. Employees must sign a waiver certifying that they and
their removed dependents have other medical insurance coverage prior to removal from the
City’s insurance plan. This waiver includes acknowledgement that proof of continuous,
comprehensive medical coverage is required to re-enroll in the City’s medical insurance plan.
Re-enrollment in the City’s plan is allowed only during the annual open enrollment period,
except if other medical coverage is lost during the middle of the year the employee and eligible
dependents may re-enroll in the City’s medical plan on the 1st day of the month following his or
her loss of medical insurance coverage.
The dual insurance incentive benefit is limited to medical coverage only and only 25% of
employees can remove themselves from coverage. Dental and vision coverage will remain in
effect for all eligible employees and dependents.
The City of Marysville retains the right to revoke, modify, or cancel this policy at any time.
EMPLOYEE WELLNESS
The City of Marysville recognizes that health of City employees directly affects their ability to
provide high quality, efficient services to City residents. The employee wellness program is
designed to provide information and activities to City employees and their family members to
encourage health and safety in the work place. All City employees and family members who are
eligible for City medical benefits may voluntarily participate in the employee wellness program.
A Wellness Committee, including employee representatives from different departments, labor
unions, management, and the general employee population, oversees the wellness program
and specifically performs the following duties.
• Provides enthusiastic support of the mission and goals of the Wellness program.
• Helps plan, implement and promote Wellness programs.
• Serves as a liaison between the wellness program, the Safety Committee, the
Employee Recognition and Appreciation program, City departments, and employees.
• Represents the wellness-related interests, needs, and opinions of employees.
• Assists in identifying and reducing potential program barriers and strengthening
support for the wellness program.
• Assists in promoting the wellness program.
The Wellness Committee will meet at least once a month during regular business hours and
committee members may work on wellness activities during work hours as their normal job
duties allow. Membership on the committee is voluntary and members may serve for an
indefinite period of time. Members are responsible for:
1. Attending the monthly wellness coordination meetings and informing another attending
member if they cannot attend a meeting.
2. Attending the Wellness Retreats. Retreats will be used to review goals/priorities and
establish an events calendar.
3. Organizing and promoting annual wellness events.
4. Assisting other members in the execution of their wellness events.
5. Communicating the needs of his or her department’s employees to the committee.
6. Communicating the activities of the committee to his or her department’s employees.
7. Sharing ideas freely and raising any concerns or objections and offering alternative
solutions when a decision is to be reached by consensus.
Participation in some wellness programs such as health screenings and the benefit fair is
allowed during work hours. The Chief Administrative Officer may allow employee’s additional
time during work hours for wellness activities and programs provided work demands are
appropriately met.
Wellness program activities may include a wide variety of health, educational, and fitness
activities, such as those listed below.
• Behavior change programs, such as nutritional counseling and information, stress
reduction, smoking cessation, weight management, relaxation, and self esteem.
• Motivational programs, such as interdepartmental and employee group challenges
and tuition rebates for successful weight loss and smoking cessation.
• Informational and awareness programs such as flyers, paycheck stuffers, bulletin
boards, brown bag lunch sessions, wellness seminars, workshops, and classes.
The wellness program is funded in the budget for the human resources programs, and all City
expenditures for employee wellness activities must come from funds appropriated in the
current budget. Some wellness activities may be offered to employees at the cost of the
program, at a City-subsidized price, or free. Costs of certain programs may be covered by the
City’s medical plan, and the Wellness Committee may apply for grants provided by the
Association of Washington Cities. The Committee’s plan purchases and all other related
accounting activities must comply with applicable City procedures for City-funded activities.
Per IRS regulations, the City is required to tax certain benefits that employees may receive from
participating in wellness programs. This may include, but is not limited to gift cards, gift
certificates, prizes and incentives. The dollar amount of the gift card(s) or taxable benefit
received will be added as taxable income and applicable taxes will be applied in the next pay
period. Small incentives such as a bottle of water, granola bar or piece of fruit are examples of
items that would not be taxed.
Confidentiality is important in all health education activities. Because the Wellness Committee
may offer programs about potentially sensitive issues, the transactions and interactions
regarding personal and medical information that take place in the City’s wellness programs will
be confidential and will be respected as such. Employee participation is on a voluntary basis
and will be respected.
EMPLOYEE LEAVES
Employees are not eligible to use paid leave time off until they successfully complete their
initial orientation period as a new City employee, unless the CAO grants prearranged leave as a
condition of their employment, or as otherwise specifically required by law or specifically
allowed by City policies.
HOLIDAYS
The following days are considered holidays for all regular full-time employees except for
uniformed ranks of the Police Department. A holiday is considered eight (8) consecutive hours.
Regular part-time employees receive holiday pay on a pro rata basis, based on their normal
workweek schedule. Regular employees still in their orientation period receive holidays, too.
Authorized holidays which occur during vacation are not charged against vacation time.
HOLIDAY DATE OBSERVED
New Year’s Day January 1
Martin Luther King’s Birthday 3rd Monday of January
President’s Day 3rd Monday of February
Memorial Day last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving day after Thanksgiving
Christmas Day December 25
Personal Holiday Eight hours are added to the employee’s vacation accrual
rate. Part-time employees’ hours are prorated accordingly.
If a holiday falls on a Saturday, it shall be observed on the preceding Friday; if a 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 paid sick leave, vacation time, or compensatory time off; sick leave
for said days will not be approved without certification from a bona fide medical professional
that the employee was in fact sick, or without specific approval by the CAO.
Regular nonexempt employees whose regular work schedule requires them to work on a
holiday shall receive wages at 1 ½ times their regular pay; temporary and casual employees
shall not be entitled to holiday pay, unless otherwise approved by the CAO.
UNPAID HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE (NEW POLICY)
Employees are entitled to two unpaid holidays per calendar year for a reason of faith or
conscience or an organized activity conducted under the auspices of a religious denomination,
church, or religious organization.
The employee may select the days on which he or she desires to take the two unpaid holidays
after consultation with his or her supervisor. If an employee prefers to take the two unpaid
holidays on specific days, then the employee will be allowed to take the unpaid holidays on
those days unless the absence would unduly disrupt operations, impose an undue hardship, or
the employee is necessary to maintain public safety.
If possible, an employee must submit written notice to their immediate supervisor as soon as
they are aware of the need for the leave. The unpaid holiday shall not be considered approved
unless signed by the supervisor. Requests shall consider the desires of the employee,
scheduled work, anticipated peak workloads, response to unexpected emergencies, the
availability of other qualified employees, and consideration of the meaning of “undue
hardship”.
The two unpaid holidays must be taken during the calendar year, if at all; they do not carry over
from one year to the next.
VACATIONS
Non-union regular full-time employees earn vacation leave per the following accrual schedule,
and non-union regular part-time employees earn vacation leave on a prorated basis; employees
who have transferred or promoted to another department maintain their accrued vacation
hours. Temporary and casual employees are not entitled to vacation benefits. Upon
recommendation of the CAO or department directors, newly-hired employees may be granted
stepped-up vacation rights as if they had worked for the City for up to five years. Vacation leave
for members of collective bargaining units is earned at rates specified within applicable
collective bargaining agreements.
YEARS OF EMPLOYMENT ANNUAL VACATION ACCRUAL
RATE (HOURS) FOR
FULL-TIME EMPLOYEES
1 - 2 88
3 - 5 104
6 128
7 - 8 136
9 - 10 152
11 168
12 - 13 176
14 - 15 184
16 - 17 192
18 - 19 200
20 or more 208
Employees with a perfect attendance record from January through December, which includes
using up to eight hours of sick leave, will receive eight additional hours of vacation leave to be
used during the next calendar year.
Vacation may not accrue when an employee is on unpaid leave.
Employees are responsible for monitoring their accrued vacation leave balance. The maximum
allowable accumulation of unused vacation leave is the number of vacation leave hours which
the employee would have earned over a period of two years. Vacation leave accrued as of
December 31st of each year which exceeds the maximum allowed shall be forfeited, unless
employees receive prior approval from the CAO to use vacation hours which would otherwise
be forfeited due to excess accumulation.
Vacation leave cannot be taken until the leave hours are accrued. Vacation leave may not be
taken during the first six months of City employment; employees who have transferred or been
promoted may use accrued vacation leave during their orientation period.
Vacation leaves shall be scheduled considering the wishes of employees and the operating
requirements of departments. Supervisors must ensure adequate staffing levels, and
management reserves the right to approve scheduling of vacation leaves.
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 the employee gives the City two weeks’ written notice of
resignation prior to his or her voluntary termination of employment.
SICK LEAVE
Regular full-time employees accrue paid sick leave at the rate of eight hours for each month of
continuous full-time service; regular part-time employees accrue paid sick leave on a prorated
basis. Employees do not accrue sick leave in any calendar month during which they are on an
unpaid leave of absence or suspension.
Sick leave may be used for the following reasons:
1. Employee’s own health condition, illness, injury, or physical incapacity including
disability due to pregnancy or childbirth.
2. Care for a child with a health condition requiring treatment or supervision or to treat
the disability of an adult child.
3. Provide preventive care for a child.
4. Care for a spouse, domestic partner, parent, parent-in-law, or grandparent with a
serious health condition, including short-term care of a pregnant spouse during or
after childbirth while she is unable to attend to regular daily activities.
5. Attend one’s own medical or dental appointments or those of relations named above.
6. Arrange for emergency care or attend to a member of the immediate family-- defined
as spouse, domestic partner, child, parent, grandparent, parent-in-law—and in other
situations as may be approved by the CAO on a case-by-case basis.
Note: In accordance with the Washington Family Care Act, employees may use their choice of
accrued leave (e.g., sick, vacation, compensatory time) for reasons 2 through 6 above. Accrued
sick leave will be applied unless an employee advises the City of their intent to use other
available leave.
Employees must notify supervisors as soon as the need for sick leave is known. Failure to do so
may result in denial of sick leave pay. If an employee has exhausted their sick leave bank they
may use their vacation accrual.
The City may request reasonable proof of the need for sick leave. When absences extend
beyond three consecutive working days, employees may be required to submit a medical
certificate by a health care professional to justify the absence. In the case of an extended leave,
such as serious injury or illness, the City may require a return to work authorization from
employees’ health care providers.
Holidays and other regular days off shall not be charged against sick leave. Sick leave can be
used in minimum increments of one-half hour for nonexempt employees. Exempt employees
may use sick leave in eight hour increments only; deductions from sick leave banks will not be
made as long as they work part of the day.
Newly-hired employees may use sick leave only after successfully completing their first six
months of employment, unless the CAO approves its use in extraordinary circumstances.
If an employee is absent due to illness or injury for which he or she is receiving payment from
the state’s industrial insurance program, LEOFF, or other state-mandated plan, the City will pay
employees the difference between their regular wages and the amount received from the state
up to the amount of accrued leave in employees’ sick, vacation, compensatory, or
administrative leave banks.
Upon retirement, sick leave in excess of 480 hours shall be deposited into a HRA VEBA at a ratio of 32
hours sick leave to 8 hours VEBA contribution.
PREGNANCY DISABILITY LEAVE
Female employees are entitled to pregnancy disability leave for the entire period of time they
are incapacitated because of sickness or temporary disability due to pregnancy or childbirth.
Certification by a health care provider indicating the need for a specified period of leave due
to a pregnancy or childbirth-related disability is required. This leave may be paid or unpaid,
depending on employees’ accrued paid leave balances, such as sick or vacation leave.
Pregnancy disability leave is in addition to the 12 weeks of leave allowed annually by the
Washington State Family Leave Act; however, pregnancy disability leave runs concurrently
with employees’ leaves entitlement under the federal Family and Medical Leave Act (FMLA).
When a female employee’s pregnancy disability leave ends, she is entitled to use the balance
of her available leave time under the federal FMLA to care for her newborn child. Also, when
a female employee’s pregnancy disability leave ends, additional leave to care for her newborn
child counts towards the 12 weeks of family leave allowed under the state’s family leave law.
Accrued sick, vacation, compensatory, and administrative time may be used for childbirth or
related circumstances. The City will continue to pay health care benefits as required by the
FMLA for the initial 12 weeks of leave. If the period of leave extends beyond the 12 weeks of
FMLA leave, and the employee’s accrued leave banks have been exhausted, then she will be
placed on leave without pay, at which time she has the option to continue her health care
benefits per COBRA requirements. See the Overview of Health and Welfare Benefits policy.
In all cases, women requesting pregnancy disability leave must submit appropriate leave
forms at least 30 calendar days before the leave is to begin, or as soon as the need for leave is
known. Certification from a health care provider should be attached to the leave request.
Recertification may be requested periodically.
FAMILY AND MEDICAL LEAVE
The Family and Medical Leave Act (FMLA) grants up to 12 weeks of unpaid leave annually to
eligible employees for specifically-defined family and medical reasons; eligible employees shall
be entitled to up to 12 weeks of job protected leave during a rolling 12-month period measured
backward from the date of any FMLA usage. Some or all of the leave time may be paid if
employees have accrued leave time; employees must use applicable paid leave time first and
take the remainder of the 12 weeks as unpaid leave.
Eligibility
Employees must meet all of the following conditions to be eligible for FMLA leave.
• Employees must have worked for the City for at least 12 months, which need not have
been consecutive. For eligibility purposes, employees will be considered to have been
employed for an entire week even if they were on the payroll for only part of a week or
on leave during part of a week.
• Employees must have worked at least 1,250 hours during the previous 12-month period.
Provisions of the Fair Labor Standards Act will determine the number of hours worked.
Time spent on paid or unpaid leave does not count as hours worked and will not be
counted in meeting the 1,250 hours eligibility threshold.
• When both husbands and wives work for the City and are both eligible for FMLA leave,
they are allowed to take a combined total of 12 weeks of leave during a 12-month
period for the birth of a child, placement of an adopted or a foster child, or to care for a
child or parent (but not a parent “in-law”) with a serious health condition. If they use a
portion of the total 12-week FMLA leave for one of these purposes, they are each
entitled to the remainder of the 12-week leave for other FMLA purposes.
Active duty time counts toward determining eligibility to take time off from work under the
FMLA for employees returning after military service. Employees, who are covered by the
provisions of this law, will be credited with the number of hours that they would have worked if
they had not been called to military duty in determining eligibility for FMLA leave. Each month
served performing military service counts as a month actively employed by the employer.
Qualifying Leave
FMLA leave is allowed for the following reasons:
• Birth and care of a newborn child of the employee.
• Placement with the employee of a child for adoption or foster care.
• Care for a spouse, son or daughter, or parent with a serious health condition.
• Medical leave when the employee is unable to work because of a serious health
condition.
• Qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter,
or parent is on active duty or called to active duty status as a member of the National
Guard or Reserves in support of a contingency operation.
• Attend to qualified family members in the armed forces who are undergoing medical
treatment, recuperation, or therapy, or otherwise in outpatient status, for an illness or
injury sustained in the line of duty that renders the family member medically unfit for
duty.
The leave entitlement for the birth or placement of a child for adoption or foster care expires
12 months from the date of the birth or placement. Leave in these cases must be taken in one
uninterrupted block of time from start to finish, except with prior approval of department
directors and the CAO.
See Qualifying Exigency Leave and Military Caregiver Leave policies for requirements and benefits
specific to these types of FMLA leave.
Requesting Leave
Employees requesting leave must contact the Human Resources office to complete required
forms at least 30 days before the leave is to begin, when the FMLA qualifying event is
foreseeable (such as the birth of a child, placement for adoption or foster care, or planned
medical treatment for a serious health condition). If leave is to begin within 30 days, employees
must notify their immediate supervisors and the Human Resources office as soon as they are
aware of the need for the leave. When the need for the leave is not foreseeable, they must
contact their supervisors prior to the start of their shift to enable supervisors to make necessary
arrangements to continue employees’ functions during their absences.
Whether leaves are foreseeable or unforeseeable, medical certification must be provided
within 15 calendar days from the date employees give the City notice of the need for leave.
Taking FMLA leave may be denied if these requirements are not met, unless there is a
reasonable excuse for the delay. The City has the right to request a second medical opinion at
its expense. If the first and second opinion conflict, the City may require a third opinion which
shall be final and binding.
During leaves for serious medical conditions, employees are requested to report periodically to
the City regarding the status of the medical condition and their intent to return to work. The
City has the right to request periodic medical re-certifications in compliance with FMLA
regulations. Per FMLA regulations, the City will not ask employees’ health care providers for
additional information beyond that required by the certification form. Additionally, the City
reserves the right to require a “fitness for duty” medical certification from health care providers
before employees return to work.
Return to Work
Employees eligible for FMLA leave–except those employees designated as “key” employees
under this policy--can return to the same position or a position with equivalent status, pay,
benefits, and other employment terms. This entitlement does not apply in certain situations,
such as the following: Employee’s position is eliminated in a reduction of force; employee takes
another job while on FMLA leave; employee fails to provide timely notice of FMLA leave; or
employee fails to return from FMLA leave on the established date.
Employees must contact the Human Resources office to complete appropriate forms before
they return to work. Employees wishing to return to work prior to the planned expiration of
their leaves must notify the Human Resources office at least five working days prior to their
planned return.
Failing to return to work upon the planned expiration of FMLA leave may result in disciplinary
action up to and including immediate termination unless an extension is granted. Employees
who request an extension of FMLA leave due to the continuation, recurrence, or onset of their
own serious health condition or that of their spouse, child, or parent must request an
extension, in writing, to their immediate supervisors. This request should be made as soon as
employees realize that they will not be able to return to work at the expiration of the leave
period.
Benefits Coverage During Leave
During FMLA leaves, employees will be retained on the City’s group health insurance plan under
the same conditions that applied before the leave. To continue health insurance coverage,
employees must continue to make any contributions that they would be required to make to
the plan if they were not on leave. Failure to pay their share of the health insurance premium
may result in loss of coverage.
Employees who fail to return to work after the expiration of their leaves may be required to
reimburse the City for payment of health insurance premiums during the leaves, unless the
reason employees fail to return is due to the presence of a serious health condition which
prevents them from performing their jobs or due to circumstances beyond their control.
Intermittent Leave or Reduced Work Schedule
Employees may take leave intermittently or work reduced work schedules, when medically
necessary, due to their own or a family member’s illness. Since regular and predictable work
hours are an essential part of employees’ jobs, they are required to coordinate scheduling
medical treatments with department directors or designees to limit disruption to departmental
operations. The leave may not exceed a total of twelve weeks of their regular work schedule
over a twelve-month period.
Employees must provide medical certification which shows that the multiple, short duration
absences are a part of, or may result from, the treatment the employee or eligible family
member is receiving for a serious health condition, or that the serious health condition causes
intermittent periods of incapacity. Information must substantiate that intermittent leave is
necessary and that the medical need for the employee or eligible family member is best
accommodated through an intermittent or reduced work schedule.
Employees on continuous, intermittent, or reduced work schedules are required to exhaust
their sick leave bank, for their own serious health condition.
Workers’ Compensation Provision
The FMLA leave period runs concurrently with workers’ compensation when employees have a
serious health condition resulting from an on-the-job injury that meets the criteria for FMLA
leave. The City may offer “modified duty” work at its discretion and if it is available. If health
care providers treating employees for workers’ compensation injuries certify that employees
are able to return to “modified duty” work but are unable to return to the same or equivalent
jobs, employees who are taking FMLA may decline the City’s offer of a “modified duty” job. If
employees decline the “modified duty” job, they may lose their workers’ compensation pay but
would continue to stay on FMLA leave until it is exhausted. When workers’ compensation
benefits cease, the City requires employees to use their accrued paid leave including sick,
vacation, and compensatory time.
For more information see WORKPLACE HEALTH AND SAFETY - Return to Work Procedures and
Temporary Light Duty.
SHARED LEAVE
Shared leave allows City employees, at no additional cost to the City other than the costs of
administering the program, to come to the aid of fellow City employees who are suffering from
an extraordinary or serious illness, injury, impairment, or physical or mental condition which
has caused or is likely to cause them to take leave without pay or to terminate their
employment. Shared leave can also be used to assist a fellow employee who is ordered to
report for active military duty; this provides financial stability for a limited time to allow an
employee to adjust to different income and benefit levels under military pay. Only accrued
vacation leave may be donated as shared leave time.
Only full-time, regular employees are eligible to receive shared leave, upon the
recommendation of their department directors and approval by the CAO. The employee must
submit a written request to their Department Director or the Human Resources Director
detailing the reason for the request and the approximate duration. Shared leave requests may
be denied if an employee has documented high leave usage without a qualifying event.
Employees must meet the following conditions to be eligible to receive shared leave.
• 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 employment with the
City. Employees requesting shared leave for military service will be allowed to maintain 240
hours of sick leave accrual.
• The employee has abided by the City’s sick leave policy in good faith.
• The use of shared leave will not significantly increase the City’s costs, except for those
which would otherwise be incurred in the administration of this program or which would
otherwise be incurred by the employee’s department.
• An immediate family member of the employee (spouse, domestic partner, child, parent, or
sibling) suffers from an illness or injury which is life-threatening and which has caused or is
likely to cause the employee to go on leave without pay or to terminate his or her
employment with the City. Requests for shared leave to attend an immediate family
member who has a life-threatening illness or injury shall be approved or disapproved at the
sole discretion of the CAO on a case-by-case basis.
• An employee is ordered to report for active military duty for a significant military event
during a time of national emergency. This may include an employee who is a member of the
uniformed services--Washington National Guard or the Army, Navy, Air Force, Coast Guard,
or Marine Corps Reserve of the United States, or of any organized reserve or armed forces
of the United States--and other categories designated by the President or Governor in a
time of war or military emergency. This provision does not apply to employees who
voluntarily sign up for active military duty.
All donations of leave must be voluntary. To be eligible to donate shared leave, employees
must have taken at least 80 hours of accrued vacation leave within the calendar year, have
more than 80 hours of accrued vacation leave on the books, or have a combination of accrued
and used vacation leave greater than 80 hours within the calendar year. When reviewing leave
donation proposals from police employees, the Police Chief may also consider whether
additional adequate time off will be provided through compensatory and/or holiday leave
unique to that department.
Shared vacation leave shall be transferred on a dollar value basis. The minimum allowable
transfer of vacation leave is eight hour increments. The value of the leave will be determined at
the current hourly wage of the donating employee and the leave available to the receiving
employee shall be calculated at the receiving employee’s wage.
Employees shall not receive more than 1,040 hours of shared leave during their City
employment. Shared leave hours should be used on a consecutive basis to the extent possible,
unless preapproved by the CAO as intermittent leave. Shared leave use runs concurrently with
FMLA-qualifying leave and other applicable leave. Donated hours that are not used within 90
days shall be returned to the donors.
The City and employees using shared leave will continue to pay their respective portions of
employees’ family health insurance benefits. Employees may continue payroll deductions of
optional employee benefits at their discretion. Employees will not accrue vacation or sick leave
while receiving shared leave; shared leave time is not counted as hours worked for any
orientation period.
Employees serving in active military duty per this policy may receive donations to supplement
their pay not to exceed 100% of the employee’s regular wages from the City for up to one year.
These employees must submit paycheck stubs to the City for determination of the correct
supplemental pay and donated leave amounts.
BEREAVEMENT LEAVE
Employees, including those in their orientation periods, may use up to 24 hours of paid leave
due to the death of a member of their immediate family. “Immediate family” for bereavement
leave is defined as a spouse, domestic partner, child, parent, sibling, grandparent, grandchild,
parent-in-law, brother- or sister-in-law, son-or daughter-in-law, stepchildren, and current
stepparents. The CAO may extend the bereavement leave beyond the allotted hours.
JURY DUTY/WITNESS LEAVE
Employees have a civil obligation to serve on a jury if called. During jury duty or while appearing
as a legally-required witness, employees will receive full pay from the City.
Employees who are excused from jury service or court appearance before the end of their
workday shall immediately report their availability for assignment to their supervisor.
Employees scheduled to work on shifts other than day shift shall be considered to be on day
shift for the duration of jury duty.
Court payments, except those for expenses, must be paid to the City. All jury duty and witness
fees other than expense payments must be paid to the City. Checks from the court cannot be
endorsed and signed over to the City. Employees will need to submit a personal check or
money order payable to the City of Marysville for the payment received minus expenses.
Employees will not be threatened, coerced, harassed, or denied promotional opportunities because
they receive a summons, respond to a summons, serve as a juror, or attend court for prospective jury
service.
VOTING LEAVE
Employees whose work schedules do not provide them two consecutive hours to vote while
polls are open will be granted up to two hours of paid time to vote. Employees must provide
notice to the City not less than one day before the election. The City may specify the hours that
the employee may vote.
MILITARY CAREGIVER LEAVE
Military caregiver leave is a section of the Family and Medical Leave Act, which allows a certain
amount of unpaid or applicable paid leave each year to eligible employees for family and
medical reasons during any 12-month period. Military caregiver leave is applicable only to
employees who are related to injured members of the armed forces. This policy addresses only
those rights, benefits, and requirements specific to military caregiver leave. All other rights,
benefits, and requirements of the FMLA apply to military caregiver leave.
Employees are eligible for military caregiver leave when their qualified family member in the
armed forces is undergoing medical treatment, recuperation, or therapy, or is otherwise in
outpatient status, for an illness or injury sustained in the line of duty that renders the family
member medically unfit for duty. A qualified family member includes the following people:
spouse, son, daughter, parent, or nearest blood relative to the employee.
Military caregiver leave may last for up to 26 weeks during a single 12-month period. There is a
12-week limit on all other types of FMLA leaves, and the combined total of all types of FMLA
leaves, including military caregiver leave, cannot exceed 26 weeks in a single year.
Employees requesting military caregiver leave must provide a medical certification from the service
member’s health care provider.
QUALIFYING EXIGENCY LEAVE
Qualifying exigency leave is a section of the Family and Medical Leave Act, which helps families
of members of the Armed Forces manage their affairs while the member is on active duty in
support of a contingency operation. This policy addresses only those rights, benefits, and
requirements specific to qualifying exigency leave. All other rights, benefits, and requirements
of the FMLA apply to qualifying exigency leave.
Eligible employees are entitled to leave for a qualifying exigency arising out of the fact that the
employee’s spouse, son, daughter, or parent is a covered military member (including those in
the regular Armed Forces, the National Guard or the Reserves) who is on active duty, or has
been notified of an impending call to covered active duty, and who has been or is being
deployed to a foreign country. Qualifying exigencies include the following: short-notice
deployment, military events and related activities, childcare and school activities, financial and
legal arrangements, counseling, rest and recuperation, post-deployment activities, and
additional activities not encompassed in the other categories, but agreed to by the City and
employee.
FAMILY MILITARY LEAVE
All employees who work an average of at least 20 hours per week are eligible for unpaid family
military leave. Family military leave is available to the spouse or registered domestic partner of
a member of the U.S. Armed Forces during a period when Congress has declared war, the
President has declared war by executive order, or when military reserves have been called to
active duty.
Employees whose spouses are being called into active duty for the armed forces or who will be,
or are deployed during a period of military conflict, are entitled to up to 15 days of unpaid leave
from work. Employees may choose to use accrued vacation, compensatory time, administrative
leave, or personal holiday hours for family military leave. Employees may take the 15 days of
leave before the deployments of military spouses or when military spouses are on leave from
deployments. For each new deployment of military spouses/partners, employees may take
another family military leave of up to 15 days.
Employees must notify the City of their intent to take family military leave within five business
days of receiving official notice of the call or order to active duty or deployment or within five
business days of official notice of military spouses’ upcoming leave from deployments.
MILITARY LEAVE
Washington State law provides City employees who are a members of the uniformed services--
Washington National Guard or the Army, Navy, Air Force, Coast Guard, or Marine Corps
Reserve of the United States, or of any organized reserve or armed forces of the United States--
paid leave for up to 21 calendar days annually, from October 1st to September 30th, when
ordered to active duty or active training duty. Employees are requested to notify their
supervisors as soon as they are aware of the military obligation.
This military leave is in addition to any vacation or sick leave to which the employee might
otherwise be entitled. If a military leave of absence extends beyond 21 calendar days,
employees may, at their discretion, choose to use accrued vacation leave. Employees may be
eligible for shared leave per the Shared Leave policy.
LEAVE UNDER UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT
The Uniformed Services Employment and Reemployment Rights Act entitles regular City
employees who take a leave of absence to serve as a member of the U.S. Armed Forces to
certain reemployment, seniority, longevity, and employment benefits rights upon returning to
work after their honorable discharge or completion of reserve training. Returning employees
are entitled to these rights if they have given the City advance written or verbal notice of their
service and if the cumulative length of the absence and of all previous absences from City
employment to serve in the uniformed services does not exceed five years.
Employees returning after military service, who are covered by the provisions of this law will be
credited with the hours of service that would have been performed except for the period of
military service in determining eligibility for leave under the Family and Medical Leave Act.
Each month performing military service counts as a month actively employed by the employer.
Both employees promoted or hired to fill a vacancy created by another employee serving in the
armed forces shall hold such position subject to the return of the employee serving in the
armed forces. A promoted employee affected by the return of the employee serving in the
armed forces shall be restored to the position he or she had held previously, or any other
equivalent position. A newly-hired employee affected by the return of the employee serving in
the armed forces shall be placed in a comparable vacant position or may be laid off if there are
no comparable vacant positions.
DOMESTIC VIOLENCE/SEXUAL ASSAULT LEAVE
This unpaid leave is available to employees who are victims of domestic violence, sexual
assault, or stalking. It is also available to employees with a family member—defined as child,
spouse, domestic partner, parent, parent-in-law, grandparent, or person with whom the
employee has a dating relationship--who is a victim of domestic violence, sexual assault, or
stalking. This leave may be taken in blocks or intermittently, and the amount of leave that an
employee may take is restricted to a "reasonable" amount, but it is not specifically limited as to
time or length under the law.
Domestic violence/sexual assault leave may be taken for the following purposes.
• Seek law enforcement or legal assistance or prepare for or participate in any legal
proceeding related to domestic violence, sexual assault, or stalking.
• Seek health care treatment for physical or mental injuries from domestic violence, sexual
assault, or stalking, or attend to such health care treatment for a family member.
• Obtain (or assist a family member in obtaining) services from a domestic violence shelter,
rape crisis center, or other social services.
• Obtain (or assist a family member in obtaining) mental health counseling related to
domestic violence, sexual assault, or stalking.
• Participate in safety planning, temporarily or permanently relocate, or take other actions to
increase one’s own safety or the safety of the family member relating to domestic violence,
sexual assault, or stalking.
Employees must give notice to the City of the need for this leave no later than the end of the
first day on which the leave is taken. The City may require verification to support the need for
the leave; verification can take the form of police reports, court documents, or employees’ own
written statements of the need for the leave.
ADMINISTRATIVE LEAVE
Exempt employees are not entitled to overtime compensation since they are compensated for
the product of their work efforts, not the number of hours actually worked. Sometimes,
however, the nature of work for exempt employees requires sustained periods of effort,
marked by long hours, limited opportunities for time off, and stresses atypical of nonexempt
positions. Further, the City acknowledges that sufficient rest is necessary for personnel to
operate at peak performance; administrative leave provides sufficient time off for these
employees so as to ensure individual and operational readiness.
Exempt employees are eligible for administrative leave based on the schedule and conditions
described below. The CAO, upon the recommendation of department directors, may award
supplemental administrative leave on a case-by-case basis when conditions warrant such
consideration. Administrative leave shall not be awarded to employees whose vacation balance
exceeds allowable accrual limits. Administrative leave will be awarded on a prorated basis,
rounded to the next full day, to exempt employees hired during the calendar year.
The following positions shall be awarded an annual bank of ten business days of administrative
leave at the beginning of each calendar year: CAO; directors of Community Development,
Finance, Human Resources, Parks and Recreation, Public Works, Police Department, Public
Works Superintendent;; Police Commander; Police Lieutenant ; Court Administrator, and IS
Manager.
All other exempt employees shall be awarded an annual bank of five business days of
administrative leave at the beginning of each calendar year.
Administrative leave must be:
• Used in minimum increments of one full day.
• Approved by the department director or CAO in advance, which must be documented
on appropriate personnel forms.
• Forfeited if not used by the end of each calendar year.
Unused administrative leave may not be converted to cash compensation under any
circumstances, except that police command staff may cash out unused administrative leave
with the approval of the CAO.
LEAVE WITHOUT PAY
The CAO may grant leaves of absence without pay in appropriate circumstances; they will be
granted only when employees have exhausted all other accrued leave. Employees must submit
a written request on designated forms to the CAO after obtaining the permission of their
department directors. Failure to return upon the expiration date of the leave may be cause for
dismissal. Employees will not accrue vacation or sick leave while in leave without pay status;
leave without pay is not counted as hours worked for any orientation period.
ABSENCE WITHOUT AUTHORIZED LEAVE
Absences not on duly-authorized leave shall be treated as leave without pay and may be
grounds for disciplinary action. Employees who are absent for three consecutive regularly-
scheduled working days without notifying the City may be considered to have abandoned their
jobs and may be terminated.
LEGAL RULES OF CONDUCT
CODE OF ETHICS
The City’s code of ethics is set forth in Chapter 2.80 of the Marysville Municipal Code. Its
purpose is to assist City employees to establish guidelines to govern their own conduct. The
code is also intended to help develop traditions of responsible public service. Employees shall
not engage in any act which is in conflict with the performance of their official duties. Under the
code of ethics, an employee shall be deemed to have a conflict of interest or other ethical
violation if he or she:
1. Receives or has any financial interest in any sale to or by the City of any service or
property when such financial interest was received with the prior knowledge that the City
intended to purchase such property or obtain such service.
2. Accepts or seeks for others any service, information, or thing of value on more favorable
terms than those granted to the public generally, from any person, firm or corporation
having dealings with the City , as provided in MMC 2.80.040(2).
3. Accepts any gift or favor from any person, firm, or corporation having any dealings with
the City if he knows or has reason to know that it was intended to obtain special
consideration.
4. Influences the selection of or the conduct of business with a corporation, person, or firm
having business with the City if he or she personally or through household relatives has
financial interest in or with the corporation, person or firm.
5. Serves as an employee, officer, partner, director, or consultant of any corporation, firm, or
person having business with the City, unless he or she has disclosed such relationship as
provided by Chapter 2.80 MMC.
6. Engages in or accepts private employment or renders services for private industry when
such employment or service is incompatible with the proper discharge of his or her official
duties or would impair his or her independence of judgment or action in the performance
of his or her official duties.
7. Appears in behalf of a private interest before any regulatory governmental agency, or
represents a private interest in any action or proceeding against the interest of the City in
any litigation to which the City is a party, unless he or she has a personal interest and this
personal interest has been disclosed to the regulatory governmental agency. City
Councilmembers may appear before regulatory governmental agencies on behalf of
constituents in the course of their duties as representatives of the electorate or in the
performance of public or civic obligations; however, no official or employee shall accept a
retainer or compensation that is contingent upon a specific action by a City agency.
8. Possesses, directly or indirectly, a substantial or controlling interest in any business entity
which conducts business or contracts with the City, or in the sale of real estate, materials,
supplies, or services to the City, without disclosing such interest as provided by this
chapter. An interest is not a substantial interest if such interest does not exceed one-
tenth of one percent of the outstanding securities of the business concern; or, if the
interest is an unincorporated business concern, one percent of the net worth of such
concern; or the financial interest of a corporation, person, or firm does not exceed five
percent of the net worth of the employee and his household relatives.
9. Violates any ordinance or resolution of the City.
10. Violates the confidentiality of his or her position.
11. Makes any false statement or representation of any public record or document in a willful
disregard of the truth of such statement or representation.
Employees who have financial or other private interests, and who participate in discussion with
or give an official opinion to the City Council and fail to disclose on the records of the City
Council the nature and extent of such interest is in violation of Chapter 2.80 Marysville
Municipal Code. Any person willfully violating the code of ethics is guilty of a misdemeanor and
is subject to the civil penalties as provided in the municipal code.
An employee of the City found guilty of a negligent violation of this chapter is subject to civil
penalties up to and including termination from employment and/or loss of pay not to exceed
one month’s salary.
ANTI-HARASSMENT POLICY AND COMPLAINT PROCEDURE
The City of Marysville strives to provide a work environment that is free from all forms of
harassment. All forms of harassment—including, but not limited to harassment based on
sexual, ethnic, racial, and disability characteristics, or an employee’s legally protected status—
are prohibited. All disruptive behavior that creates an intimidating, offensive, coercive, or
hostile work environment is prohibited. All actions that unreasonably impair employees’
abilities to perform their jobs are prohibited. Employees who engage in such behavior will be
subject to disciplinary action, up to and including termination.
Harassment can take many forms. Some examples of verbal and nonverbal harassment include
the following:
• Unflattering or unwelcome comments regarding a person's nationality, origin, race, color,
religion, gender, sexual orientation, age, body disability, or appearance.
• Offensive verbal comments or jokes that are racially oriented or are directed at an
employee because of his/her race, gender, disability, sexual orientation, religion or other
protected status.
• Epithets, slurs, and negative stereotyping.
• Distribution, display, or discussion of written or graphic material that ridicules, denigrates,
insults, belittles, or shows hostility or aversion toward an individual or group because of
national origin, race, color, religion, age, gender, sexual orientation, pregnancy, disability,
marital, or other protected status.
Sexual harassment is a specifically recognized form of discrimination and is unlawful under the
Civil Rights Act of 1964 and Washington State law. Sexual harassment is defined as “unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature” when any of the following conditions exist.
• Submission to such conduct is either explicitly or implicitly made a term or condition of
an individual’s employment.
• Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual.
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creating an intimidating, hostile, or offensive work environment.
Sexual harassment can take many forms, and some examples include the following.
• Unwanted flirtations, sexual innuendoes, suggestive comments, jokes of a sexual
nature, sexual propositions, lewd remarks, and threats.
• Requests for any type of sexual favor, including repeated and unwelcome requests for
dates.
• Verbal abuse or "kidding" of a sexual nature and/or content and considered unwelcome.
• Distribution, display, or discussion of any written or graphic material, including
calendars, posters, and cartoons that are sexually suggestive, or show hostility toward
an individual or group because of gender or are of a sexual nature; suggestive or
insulting sounds; leering; staring; whistling; or obscene gestures.
• Unwelcome, unwanted physical contact, including but not limited to, touching, tickling,
pinching, patting, brushing up against, hugging, cornering, kissing, fondling, forced
sexual intercourse, or assault.
• Linking sexual compliance with sexual advances by a supervisor to some term or benefit
of employment.
Sexual harassment can also include verbal behavior such as suggestive looks or leering; slang,
names, or labels that others find offensive; talking about or calling attention to another
employee’s body or sexual characteristics in a negative or embarrassing way; invitation for
dates which do not stop when the response is negative; or continuing unwelcome behavior
after a co-worker has objected to that behavior.
Normal, courteous, mutually respectful, pleasant, non-coercive interactions between
employees, including men and women, that are acceptable to and welcomed by both parties,
are not considered to be harassment, including sexual harassment.
Employees who believe they are victims of harassment should not remain silent. They should
make it clear to the harasser that such conduct is offensive and unwelcome and clearly state
that the offensive conduct must stop immediately. Then, they should tell the supervisor or
manager they are being harassed and name the harasser; this may be the first step if
employees are uncomfortable confronting the alleged harasser.
Complaint Process
Employees who believe they have been harassed – whether by a co-worker, vendor member of
the public or other third party – should report the harassing conduct to their Department
Director or the Human Resources Director. Supervisors or managers who become aware that
harassment is occurring, either from personal observation or employee report, must report it
immediately to Human Resources or their department directors.
Employees’ complaints of harassment may be oral or written. They should include, when
available, specific allegations, dates(s) of the occurrences(s), individuals involved, and any
witnesses. Upon receipt of complaints, or being advised by supervisors or managers of potential
harassing behavior occurring, department directors, the Human Resources Director, or an
independent investigator will conduct an investigation.
Harassment complaints and their investigations are kept as confidential as reasonably possible,
consistent with the need to investigate and act on the results of the investigation. It is often
necessary to disclose the name of the employee who filed the complaint to the employee
accused of harassment.
The City treats harassment complaints seriously and moves quickly to investigate them and
take appropriate corrective action. Employees filing complaints will be treated courteously and
respectfully, and the City prohibits retaliation against employees filing harassment complaints.
Unlawful retaliation occurs when an employee is targeted for unfavorable treatment by the
City, or by coworkers, as a result of complaining or cooperating. Employees will not suffer any
hardship, loss of benefits, or other penalties for filing or responding to bona fide complaints of
discrimination or harassment, appearing as a witness in a complaint investigation, or
investigating a complaint.
Employees who believe they are being retaliated against should immediately contact the
Human Resources Director. If the employee believes the Human Resources Director is involved
in the retaliation, the employee should contact the CAO. Retaliation complaints will be
investigated separately, and the City will take prompt, corrective action to remedy any
complaints found to have merit.
Reporting harassment incidents may be a difficult personal experience; however, allowing
harassment activities to continue will most certainly lead to less desirable outcomes. For that
reason, employees are strongly urged to use this complaint procedure.
Knowingly filing groundless or malicious complaints is an abuse of this policy and is prohibited.
Employees who violate this policy are subject to disciplinary action up to and including
termination.
Procedures for Investigating and Resolving Complaints
When a full harassment investigation is warranted, the City will typically use the following
guidelines for conducting it.
1. Every attempt will be made to complete an investigation within 60 calendar days from
the time the complaint is received or the department director is made aware of the
potential harassment. The time limit may be extended to 90 calendar days by the CAO if
additional time is needed for a full and complete investigation of the complaint.
2. The investigation should include interviews with the complainant, the respondent,
witnesses, and other persons the investigator determines may have information related
to the investigation to determine whether the conduct occurred. The investigator will
ensure compliance with any right to union representation of individuals, including the
alleged harasser, who may reasonably assume disciplinary action may be taken based
upon their statements in the investigation.
3. The investigator of the complaint will maintain accurate, detailed records of the
investigation and will determine if violations of this policy have occurred based on the
facts verified during the investigation.
4. If it is determined that harassment or discrimination in violation of the City’s policy has
occurred, appropriate disciplinary action will be taken. The appropriate action will
depend on the following factors: (1) severity, frequency and pervasiveness of the
conduct, (2) prior complaints made by the complainant, (3) prior complaints made
against the respondent, and (4) quality of the evidence, such as first-hand knowledge or
credible corroboration.
5. If the investigation is inconclusive, or it is determined that there has been no
harassment or discrimination in violation of this policy but some potentially problematic
conduct is revealed, counseling or preventive action may be taken.
6. Within five days after the investigation is concluded, the Human Resources Director or
department director will meet with the complainant and respondent separately, to
notify them in person of the results of the investigation and inform them of the action
being recommended.
7. The complainant and the respondent may submit statements to the CAO requesting an
additional review. Such statements must be submitted no later than five working days
after the meeting in which the results of the investigation were discussed.
8. Within ten days from the date the challenge is received, the CAO will review the
investigative report and any statements submitted by the complainant or respondent,
discuss results of the investigation with the Human Resources Director and other
management staff as may be appropriate, and decide what action, if any, will be taken.
The Human Resources Director will report the decision to the complainant, respondent,
supervisors, and department directors in the departments in which the complainant and
respondent work.
REPORTING IMPROPER GOVERNMENTAL ACTIONS
The City encourages employees to report improper governmental actions taken by City of
Marysville officers or employees, and it protects employees who have made good-faith reports
of improper governmental actions in accordance with City policies and procedures.
As used in this policy, the following terms have specific meanings as defined below.
• Improper governmental action: Actions by a City of Marysville officer or employee
that are:
Undertaken in the performance of the officer’s or employee’s official duties,
whether or not the action is within the scope of the employee’s employment.
In violation of any federal, state, or local law or rule, is an abuse of authority, is
of substantial danger to the public health or safety, or is a gross waste of public
funds.
“Improper governmental action” does not include personnel actions, including but
not limited to, employee grievances, complaints, claims of discrimination or
harassment, appointments, promotions, transfers, assignments, reassignments,
reinstatements, restorations, re-employments, performance evaluations, reductions
in pay, dismissals, suspensions, demotions, written or verbal warnings, violations of
collective bargaining or civil service laws, alleged violations of labor agreements, or
reprimands. The City has separate policies with distinct rights and remedies, for
allegations of improper personnel actions.
• Good Faith: When an employee has a reasonable basis in fact for the
communication. “Good faith” is lacking when the employee knows or reasonably
ought to know that the report is malicious, false or frivolous.
• Gross waste of public funds: Spending or using funds or allowing funds to be used
without valuable result in a manner grossly deviating from the standard of care or
competence that a reasonable person would observe in the same situation.
• Retaliatory action: Any adverse change in the terms and conditions of employment
or hostile actions by another employee towards a local government employee that
were encouraged by a supervisor, senior manager, or official.
• Emergency: Circumstances that if not immediately changed may cause damage to
persons or property.
Procedures For Reporting
City employees who become aware of improper governmental actions should raise the issue
with their Department Director or Human Resources Director. Employees shall submit a
written report stating in detail the basis for their belief that an improper governmental action
has occurred. The report, in the form of a written memo, report, or email should be made as
soon as possible after the information or knowledge is received. Where employees reasonably
believe the improper governmental action involves their department director, employees may
raise the issue directly with the CAO or Human Resources Director.
In an emergency, where employees believe that damage to persons or property may result if
action is not taken immediately, employees may report the improper governmental action
directly to the appropriate government agency with responsibility for investigating the
improper action.
The Department Director, Human Resources Director or the CAO or designee, shall take prompt
action to assist the City in properly investigating the report of improper governmental action.
City officers and employees involved in the investigation shall keep the identity of reporting
employees confidential to the extent possible under law, unless employees authorize their
identity disclosure in writing. After investigations are completed, employees reporting improper
governmental actions shall be advised by a summary of the results of the investigation, except
that personnel actions taken as a result of the investigation may be kept confidential.
City employees may report information about improper governmental action to the
appropriate government agency with responsibility for investigating the improper action if they
reasonably believe that an adequate investigation has not been undertaken by the City to
determine whether an improper governmental action occurred, insufficient action has been
taken by the City to address the improper governmental action, or the improper governmental
action is likely to recur. A list of agencies responsible for investigating improper governmental
action is included in this handbook. It is not intended to be all-inclusive.
City employees who fail to make a good faith attempt to follow the City’s procedures in
reporting improper governmental action shall not receive the protections provided by the City
in these procedures.
Protection Against Retaliatory Action
City officials and employees are prohibited from taking retaliatory action against City
employees because they have in good faith reported improper governmental actions.
Employees who believe that they have been retaliated against for reporting an improper
governmental action should advise their Department Director, the Human Resources Director
or the CAO or designee. City officials and supervisors shall take appropriate action to
investigate and address complaints of retaliation.
If employees’ Department Director, the Human Resources Director or the CAO or designee do
not satisfactorily resolve employees’ complaints of retaliation in violation of this policy,
employees may obtain protection under this policy and pursuant to state law by providing a
written notice to the Marysville City Council that specifies the alleged retaliatory action and the
relief requested.
Employees shall provide a copy of their written charge to the CAO no later than 30 days after
the occurrence of the alleged retaliatory action. The City shall respond within 30 days to the
charge of retaliatory action; provided, if the charge warrants an unusual amount of
investigation, the City may extend the time for responding up to 30 additional days.
After receiving either the response of the City or 30 days after the delivery of the charge to the
City, employees may request a hearing before a state administrative law judge to establish that
a retaliatory action has occurred and to obtain appropriate relief provided by law. Employees
seeking a hearing should deliver the request for hearing to the CAO at the earliest of either 15
days of delivery of the City of Marysville’s response to the charge of retaliatory action or 45
days of delivery of the charge of retaliation to the City of Marysville for response.
Upon receipt of request for hearing, the City shall apply within five working days to the
Washington State Office of Administrative Hearings for an adjudicative proceeding before an
administrative law judge: Office of Administrative Hearings, P.O. Box 42488, Olympia, WA
98504-2488, (800) 558-4857.
The City will consider all recommendations provided by the administrative law judge, including
but not limited to a recommendation that the retaliator be suspended or dismissed.
Enforcement Responsibilities
The CAO or designee is responsible for implementing the City’s policies and procedures for
reporting improper governmental action and for protecting employees against retaliatory
actions. This includes ensuring that this policy and procedures are permanently posted where
all employees have reasonable access to them, made available to any employee upon request,
and provided to all newly-hired employees. Managers and supervisors are responsible for
ensuring the procedures are fully implemented within their areas of responsibility. Violations of
this policy may result in disciplinary action, including but not limited to a written reprimand,
suspension, and/or termination.
Following is a list of agencies responsible for enforcing federal, state and local laws and
investigating other issues involving improper governmental action. Employees having questions
about these agencies or the procedures for reporting improper governmental action are
encouraged to contact Human Resources.
CITY OF MARYSVILLE
Snohomish County Prosecutor
3000 Rockefeller
M/S 504 Everett, WA 98201
(425)388-3333
Marysville Police Department
1635 Grove St
Marysville, WA 98270
(360)363-8300
Human Rights Commission
402 Evergreen Plaza, Bldg FJ-41
711 S Capitol Way
STATE OF WASHINGTON
Department of Labor and Industries
315 5th Ave S Ste.200
Seattle, WA 98104-2607
(206)515-2800
State Department of Ecology
3190 160th SE
Bellevue, WA 98008-5452
(425) 649-7000
Domestic Violence Hotline
1-800-562-6025
Puget Sound Partnership
(Water Quality)
Olympia, WA 98504-2490
1-800-233-3247
PO Box 40900
Olympia, WA 98504-0900
1-800-547-6863
Department of Social & Health Services
Special Investigation Office
5200 Southcenter Blvd Ste 23
Tukwila, WA
Department of Natural Resources
PO Box 47000
1111 Washington St SE
Olympia, WA 98504-7000
(206)464-6094
Equal Employment Opportunity Commission
909 First Avenue Ste 400
Seattle, WA 98104-1061
1-(800)-669-4000
Department of Justice
Drug Enforcement Administration
400 2nd Ave W
Seattle, WA 98119
(206) 553-5443
Department of Labor
Occupational Safety & Health (OSHA)
1111 3rd Ave Ste 715
Seattle, WA
(206)553-5930
Department of Transportation
Office of Inspector General
Auditing/Inspecting
915 2nd Ave Rm 644
Seattle, WA 98178
(206)220-7754
Department of Treasury
Bureau of Alcohol, Tobacco & Firearms
Law Enforcement Division
915 2nd Ave Rm 806
Seattle, WA 98174
(206)220-6456
UNITED STATES
State Department of Health
Health Consumer Assistance
PO Box 4789
Olympia, WA 98504-7891
(800)525-0127
US Attorney
700 Stewart St Ste 5220
Seattle, WA 98174-1093
(206)389-5800
Department of Interior
US Fish & wildlife Services
Division of Law Enforcement
121 107th NE
Bellevue, WA
(425)883-8122
Government Accounting Office Fraud Hotline
1-800-424-5454
Environmental Protection Agency
Criminal Investigations
1200 6th Ave (CRE 164)
Seattle, WA
(206) 553-2899
National Transportation Safety Board
19518 Pacific Hwy S Ste 201
Seattle, WA 98188
(206)870-2200
Department of Health & Human Services
Food & Drug Administration
22201 23rd Dr SE
Bothell, WA
STANDARDS OF CONDUCT
EMPLOYEE BEHAVIORAL EXPECTATIONS
City government exists to provide services to its citizens, and City employees have a long
tradition of providing exemplary service to the public. The following behavioral expectations
support high quality service delivery.
Employees are personally and professionally accountable for providing essential services to the
public.
• Be polite, courteous, and cooperative when interacting with internal and external
customers and the general public.
• Be accountable for one’s own job performance, while recognizing that all jobs are
reliant on the work of others. Team members are interconnected with coworkers and
managers, and every employee’s work affects the team’s ability to perform effectively.
• Perform all job duties to meet established job standards, and notify the supervisor when
backlogs or unexpected work may result in a delay in completing essential tasks. Seek
assistance from one’s supervisor or manager to resolve problems or difficulties that
interfere with the ability to perform one’s work.
Employees represent the City in customer service transactions.
• Provide customers with accurate information about services, regulations and processes.
• Respond in a timely and professional manner, politely and courteously, while providing
clear and concise information.
• Provide the customer with information about alternatives if unable to address their
concerns directly or if the request is not feasible.
Integrity and high ethical standards are essential to maintain public trust in City services.
• Work honorably and professionally, providing a full day of good effort for a full day of
pay. Integrity means that one’s words and actions are the same when speaking with
peers, supervisors, or other professionals.
• Perform job duties within the ethical standards of the organization, and always act to
further the mission, vision, and values of the organization. If ethical standards or
guidelines are unclear in a specific situation, ask the supervisor for information or
clarification.
Mutual respect is an essential part of professional relationships; it is required, not earned, in all
interactions.
Trust, the expectation that the other person will demonstrate integrity and responsibility, is
earned.
• Give people the benefit of the doubt, believing that everyone is trying to do their best.
• Listen to people without making a judgment, and make a concerted effort to understand
their perspective; understanding their perspective does not necessarily mean agreeing
with it.
• Avoid using insulting, threatening, or offensive language.
• Avoid making jokes about other employees including, but not limited to, jokes about
work performance, ethnicity, or personal appearance.
Teamwork is expanding one’s perspective from simply performing individual tasks to helping
achieve the City’s overall mission and goals.
• Assist, encourage, and support coworkers.
• Look for ways to energize and support the work of coworkers so the department’s work
is accomplished with less difficulty and greater employee satisfaction.
• Take pride in the achievements of the team. Group recognition for a job “well done” is a
foundation for receiving future recognition and far outweighs the brevity of
congratulations directed at a single individual.
• Recognize that conflict will occur in the workplace, and manage it by dealing directly
with the individual, rather than involving third parties. Focus on the common goal in an
effort to collaborate with coworkers or reach a compromise that supports that goal.
• Be honest in sharing ideas, opinions, and perspectives without criticizing, finding fault,
or undermining the views of others. Direct feedback to the idea or concept not at the
individual offering it. Give honest but respectful feedback.
• Avoid spreading gossip and rumors, hearsay information that is passed from one person
to another and is meant to discredit a third person; do not tolerate it from others
because it sabotages the team’s ability to work together effectively. It is disrespectful,
nonproductive, and a selfishly-motivated act that interferes with employees’ successful
job performance.
The safety of employees and the public is an overriding responsibility of the City.
• Comply with safety regulations, work proactively to reduce workplace hazards, prevent
accidents, and refresh safety skills.
• Secure and maintain certifications or licenses required to perform assigned job duties.
• Wear protective clothing, and use appropriate safety equipment as required.
• Practice good defensive driving at all times; promptly report all accidents, injuries, or
hazardous conditions to one’s supervisor or manager.
WORKPLACE RELATIONSHIPS (NEW)
The City respects the privacy of its employees, and does not wish to become unnecessarily
entangled in its employees’ personal lives; however, certain relationships are of legitimate
concern because they disrupt professional relationships and can result in legal liability. For this
reason, the following guidelines apply to employees who are or become involved in an intimate
relationship.
Employees are discouraged from having a romantic, dating, or intimate relationship with
anyone over whom he or she has supervisory authority. A person has supervisory authority
over another when:
• The person participates in the evaluation or assessment of the subordinate employee, or
• The person has or can exercise some measure of control over the subordinate
employee’s pay, benefits, or terms and conditions of employment.
Employees in relationships with supervisory authority have a duty to report the relationship to
the employer. The employee shall work with the City to cure the conflict. Employees in
relationships are expected to behave professionally at all times during work hours or on City
property. If either employee becomes uncomfortable at work at any time in or after the
relationship due to actions of the other party, the employee will notify their supervisor or
Human Resources immediately so that action can be taken to prevent any potential
harassment.
EMPLOYEE DRESS AND PERSONAL APPEARANCE
Employees are expected to maintain their attire, grooming, and personal hygiene in a manner
appropriate to perform their work safely and present a favorable and professional image to the
public. Departments requiring uniforms may establish their own dress codes to supplement this
policy. Medical exceptions to this policy are subject to approval of department directors.
Employees must wear clothing and shoes that are neat, clean, and in good condition. Hair
should be neat, clean, and well-trimmed or arranged, and facial hair must be neatly groomed.
Tattoos and body piercing, except for ear piercing and tasteful tattoos, should not be visible.
Office staff and other employees who have regular contact with the public must wear
appropriate business attire. Jeans and athletic-type footwear are generally not appropriate for
office attire, except as described below. Other inappropriate attire includes, but is not limited
to: extremely tight pants, leggings and spandex; tee shirts with slogans, sports insignia or other
writing on them; tank tops with straps less than two inches wide; short or cropped tops that
expose skin at the abdomen; sweatpants, sweatshirts or workout attire; clothing that is
excessively revealing, distracting, or provocative; skirts that are excessively short; and shorts.
Some of the attire listed above may be appropriate and allowed when considered part of a
department’s uniform, suitable for regular work duty (such as recreation or athletic programs),
worn for special events, or specifically authorized by department directors.
Tee shirts and sweatshirts with the City logo or other tasteful logos may be acceptable attire,
depending upon the work environment. When wearing clothing with the City logo, employees
appear to represent the City; employees should not wear City logo clothing during off-work
hours.
The City has designated Friday as “business casual” day. “Business casual” attire often includes
jeans and a sport shirt or other casual attire which is appropriate for the work place as defined
in this policy. Employees are still expected to be neat, clean, and well-groomed. Supervisors,
however, may require regular business attire as they deem appropriate.
Employees who have sincerely held religious beliefs that affect their dress and personal
appearance should talk with their supervisor about potential accommodations under Title VII of
the 1964 Civil Rights Act.
Supervisors, managers, and directors will ensure compliance with this policy. Employees who
violate this policy may be instructed to leave the premises to change clothes and/or be subject
to disciplinary action. Time necessary to correct one’s appearance is leave without pay.
The City may provide a clothing allowance for some positions.
TOBACCO USE
Smoking and tobacco use represent a significant health risk to both smokers and nonsmokers in
the work environment. Employees are prohibited from using tobacco in any form in all public
and nonpublic areas of City-owned facilities and City vehicles during their scheduled work time.
Tobacco use includes the possession of a lighted cigarette, lighted cigar, lighted pipe, or any
other lighted tobacco product and the use of chewing tobacco, snuff, and other varieties of
smokeless tobacco.
The prohibition against tobacco use in City-owned facilities and vehicles includes, but is not
limited to City buildings, vehicles and drivable equipment, and recreation facilities. Vehicles and
drivable equipment includes front-end loaders, tractors, riding mowers and backhoes.
Recreation facilities include activity centers, community centers, and supporting building
facilities. Smoking is also prohibited within 25 feet of building entrances, exits, windows that
open, and ventilation intakes.
Employees may use tobacco during non-work time, such as designated breaks and meal periods
but shall never use it in the prohibited areas as described in this policy. Tobacco users are to
maintain designated smoking areas free of litter by properly disposing of cigarette and cigar
butts, ashes, etc. Chewing tobacco, snuff, and other varieties of smokeless tobacco residue,
including "spit", must be collected in a container, sealed, and placed in the lined trash
receptacles provided.
Employees who violate this policy are subject to disciplinary action up to and including
termination.
Smoking cessation may be a covered benefit under the City’s medical insurance plan.
OUTSIDE EMPLOYMENT
Employees engaged in outside employment must notify their department director. Employees
shall not hold a job with an outside employer or be self-employed if outside work contributes to
reduced effectiveness at their City job; in these cases, employees will be given the choice of
terminating either their City employment or the outside employment. If an employee is injured
as a result of an accident during the outside employment, the other employer’s benefits must
be used to the degree available before receiving coverage from the City’s benefit plans.
Commissioned police employees are subject to the terms of the Standard Operating Procedures
on outside employment.
GARNISHMENTS
Employees who have had their earnings garnished for the satisfaction of three or more
separate indebtednesses within a period of 12 consecutive months will be discharged, unless
the CAO determines that the employee should not be discharged due to extenuating
circumstances.
MEDIA INQUIRIES
All media inquiries and non-customer service related general inquiries should be referred to
department directors. The CAO may delegate the authority to respond to media inquiries
without prior approval to specific employees. Questions about employee references or other
information concerning current or former employees must be referred to the Human
Resources office.
COMPLAINT PROCEDURE
The City recognizes that sometimes situations arise in which employees feel that they have not
been treated fairly or in accordance with City rules and procedures. Complaints will be
investigated, and the City will take prompt, corrective action to remedy any complaints found
to have merit. Employees should use the following procedures for resolving complaints. (See
the anti-harassment, discrimination, accommodation, retaliation, or reporting improper
governmental actions for the procedure related to these policies.)
Step 1: Employees should first try to resolve complaints with their immediate
supervisors.
Step 2: When normal communication between employees and supervisors is not
successful, or when employees disagree with the application of City policies and
procedures, employees should file written complaints with their department
directors. Department directors should meet with employees within five working
days and respond to employees in writing within five working days after the
meeting.
Step 3: If employees are not satisfied with the response from their department
directors, they may submit the issue, in writing, to the CAO. If the complaint is
with the CAO, the written complaint should be directed to the Mayor. The
written complaint must be filed within ten working days of the occurrence
leading to the complaint, or ten working days after the employee became aware
of the circumstances.
The written complaint must contain, at a minimum, the following items.
• Description of the problem.
• Specific policies or procedures that employees believe have been violated or
misapplied.
• Dates of the circumstances leading to complaints or dates when employees
first became aware of those circumstances.
• Remedies sought by employees to resolve complaints.
The CAO should respond in writing within ten working days of receipt of complaints. The CAO’s
response and decision shall be final.
Some employees may have more than one source of dispute resolution rights, such as civil
service rules, collective bargaining agreements, and this complaint process. Employees
represented by a bargaining unit or who are covered under civil service rules must follow
grievance procedures set out in their respective labor contracts or civil service rules, where
applicable. In all other cases, the procedures described in this section shall be used. Under no
circumstances shall employees have the right to use both this process and another complaint or
appeal procedure that may be available to them.
USE OF CITY RESOURCES
USE OF CITY PROPERTY
Employees shall not request or permit the use of City owned vehicles, equipment, materials, or
property for personal convenience or profit, except when such services are available to the
public generally or are provided as City policy for the use of those employees in the conduct of
official business.
COMPUTER SYSTEMS AND ELECTRONIC COMMUNICATIONS
This policy applies to all City employees, elected, and appointed officials.
Computers, telephones, fax, copy machines, all associated software and peripheral devices, and
any other City equipment provided for employee use are the property of the City and are
intended solely for use in conducting official City business. All messages sent, received, or
stored on the email system, all records of Internet use, and all software installed on computers
are the property of the City and may be reviewed, audited, intercepted, accessed, or disclosed
by the Mayor or designee without employee authorization.
Employees may use some City equipment for VERY LIMITED personal use, provided that it is
done on employees’ own time, does not violate any law or City policy, such as harassment or
solicitation, and is not used for commercial, religious, or political activities. Also, this use must
not interfere with employees’ job performance, disrupt or distract themselves or coworkers from the
conduct of City business, and it must not result in additional cost or liability to the City.
Use of City time and resources may be allowed for approved participation in professional
organizations related to the employee’s official position, upon approval by the CAO. All
outgoing messages which do not reflect the official position of the City must include the
following disclaimer: “The opinions expressed here are my own and do not necessarily
represent those of the City of Marysville.”
Internet access by default is provided to every employee with a City login. Access may be
restricted at a supervisor’s request. Resources of any kind for which there is a fee, including all
Internet sites, must not be accessed or downloaded without prior approval of department
directors. Space on public access databases (such as home pages on the World Wide Web) shall
not be created without prior approval of the CAO or designee.
Text messaging is highly discouraged for use in City business. Text messaging is a public record
and therefore must be retained as such. The only exceptions to this are for Police tactical
messages and SCADA alarm messages.
Due to the difficulty in retaining Instant Messaging, Chat and Blogs the use of these types of
communications are prohibited for all City business. The only exceptions to this are for Police
tactical messages and the employee must maintain a log of messages as per state law.
Due to the difficulty in managing Social Media content and inherent security risks, access to
Social Media is generally prohibited to City Internet users. All City of Marysville social media
sites are subject to approval by the CAO prior to activation; and monitored and maintained by
the Community Information Officer. The City uses social networking websites Facebook® and
Twitter® as a means to increase citizen awareness and communications between citizens and
the City.
Employees not involved in the maintenance or operation of the voicemail and email systems
are prohibited from retrieving or reading any voicemail or email sent to other employees
without a direct request from the intended recipient. If any user receives a message by mistake
they should stop reading as soon as they realize the message was not meant for them, delete it,
and notify the sender immediately.
All electronic records, including information sent via email or posted on the Internet reflects on
the City, is public property, and must be retained according to the City’s retention schedule and
disclosed pursuant to the state’s Public Records Act. The IS Department maintains copies of
every email the City sends or receives for review by the City’s Email Retention Administrator.
All email communications must comply with City standards and policies as well as laws such as
copyright protection. Exercise due caution when sending confidential or sensitive information
electronically. Email messages need to be composed with the expectation that they are public
and must be businesslike, courteous, and civil. Users shall have no expectation of privacy in e-
mail messages. Non-City email accounts (e.g. Gmail, AOL, MSN, or Yahoo) may not be used to
conduct City business unless approved in advance by the CAO or designee. Protected Data (i.e.
HIPPA, CJIS, PCI, etc) must be sent via encrypted electronic mail. The City’s email system is not
intended to be used for general mass mailings or to transmit attachments larger than 10 MB.
Employees must protect all system user identifications and passwords, along with voicemail PIN
numbers and email account passwords, at all times. Individual passwords must not be printed
or stored online. Individual passwords must not be shared with others, and users are prohibited
from accessing any City computer system using another user’s account or password.
Networked computer systems can easily spread computer viruses, and it is every employee’s
responsibility to exercise due caution to minimize the risk of viruses. Since email attachments
are a common source of viruses, only those received from expected and known business
sources may be opened. No external computer files may be downloaded without being
properly scanned for viruses.
The City purchases licensed software for employee use for City business. All software must be
installed by authorized employees per license agreement. Employees are prohibited from usage
which violates software license agreements such as making a copy of software for personal use
or downloading software unless pre-approved by IS.
Employees are responsible for taking adequate measures to prevent damage, theft, or loss of
City equipment. Laptop computers, in particular, are subject to damage, theft, or loss when
removed from City offices.
Use of the City’s information or data systems from a personal or company-owned computer
through company-owned connections is subject to this policy, too. Use of personal computers
to perform city business through non-city owned connections is also subject to the provisions of
this policy and the provisions of the state’s Public Records Act and records retention schedule.
A link to additional information, policies, and procedures can be found at the top of the City’s
Intranet main page. These additional policies and procedures include more granular policies
including but not limited to: Passwords, Records Retention, and Internet Use.
Employees who abuse City equipment and technology resources or fail to follow the City’s
policies and procedures for the use of City resources are subject to disciplinary action. If these
resources are used for purposes that violate federal or state laws, employees may be held
legally accountable. City employees who learn of any misuse of software or related
documentation within the organization shall immediately notify their immediate supervisors or
department directors.
Questions or issues which arise from this policy should be directed to the Finance Director or
CAO.
USE OF TELEPHONES AND WIRELESS HANDHELD COMMUNICATIONS DEVICES
Employees may use city telephones and wireless handheld communications devices for VERY
LIMITED personal use, provided that it is done on employee’s own time, does not violate any
law or City policy, such as harassment or solicitation, and is not used for commercial, religious,
or political activities. Also, this use must not interfere with employees’ job performance,
disrupt or distract employees or coworkers from the conduct of City business, and it must not
result in additional cost or liability to the City. Personal toll calls should be billed directly to the
employee’s home phone or personal credit card, with the exception of calls necessitated by
unanticipated overtime or an emergency.
City-Owned Wireless Handheld Communications Devices
The City requires employees to use its cellular telephones and other wireless handheld
communications devices safely while conducting City business. Employees who are issued such
devices are expected to limit use of them while driving a City vehicle. Any person operating a
moving motor vehicle while holding a cell phone or other wireless communication device to
their ear is guilty of a traffic infraction, unless the person is: operating an authorized police
vehicle; using a hands-free device including a speaker phone, a headset, or an earpiece;
reporting illegal activity; summoning emergency help; or using a hearing aid. Cell phones issued
for City business may legally be used while driving if used in speaker phone mode only unless
the person is: operating an authorized police vehicle; using a hands-free device including a
speaker phone, a headset, or an earpiece; reporting illegal activity; summoning emergency
help; or using a hearing aid. Regardless of the circumstances, employees are strongly
encouraged to pull off to the side of the road and safely stop the vehicle before placing or
accepting a call. Employees are prohibited from placing themselves or others at risk to fulfill
business needs.
If it is imperative to accept a call while driving, employees must use a hands-free device per
state law. In positions that require regular driving and answering business calls, the City may
provide hands-free equipment, if feasible.
Employees are prohibited from sending or receiving text messages via wireless handheld
communications devices while operating a motor vehicle or performing a task.
Personal Wireless Handheld Communications Devices
Personal calls and text messaging during the workday, regardless of the communications device
used, can interfere with employee productivity and be distracting to others. The use of personal
wireless handheld devices is limited to rest breaks and meal times. Employees are expected to
keep their personal wireless handheld devices off or in silent mode during work hours.
Flexibility may be provided by the supervisor in circumstances demanding immediate attention.
Employees are prohibited from using personal wireless devices while operating a City vehicle.
The City is not liable for the loss of personal wireless devices brought into the workplace.
WORKPLACE HEALTH AND SAFETY
EMPLOYEE SAFETY
The City complies with all applicable federal, state, and local health and safety regulations and
is committed to providing a safe work environment in which employee exposure to accidental
injury and occupational illness is reduced or eliminated. Employees are expected to comply
with all federal, state, and local safety and health requirements. The City has a comprehensive
accident prevention program—applicable to all employees--to recognize, evaluate, and control
occupational safety and health hazards. The Safety and Health Committee assists management
in communicating and evaluating workplace safety and health issues.
Employees have the following responsibilities to ensure the health and safety of themselves
and coworkers.
• Understand and comply with the safety regulations and procedures.
• Coordinate and cooperate with all employees in attempts to eliminate accidents.
• Apply the principles of accident prevention in daily work, and use proper safety devices
and protective equipment as required by the City.
• Properly care for all personal protective equipment.
• Promptly report all industrial injuries or occupational illnesses, regardless of severity, to
their supervisors.
• Refrain from wearing torn or loose clothing while working around machinery.
• Refrain from using or being under the influence of drugs or alcohol during work hours.
The City furnishes required safety items—such as steel-toed boots, hard hats, vests, goggles, or
gloves--to employees. Uniforms and clothing shall be worn and maintained in a neat and clean
condition, at the employee’s cost. The City may provide two uniforms per year, or it may rent
uniforms to employees as necessary and required to perform their jobs.
WORKED-RELATED INJURY OR ILLNESS
Employees who suffer on-the-job injuries or occupational diseases during the course of their
City employment may be eligible for worker’s compensation benefits administered by the
Washington State Department of Labor and Industries. Employees must use available sick,
vacation, compensatory, and administrative leave time (in this order) during the period of
disability; the period of disability leave shall run concurrently with designated Family and
Medical Leave Act leave to the extent permitted by law.
An employee receiving time-loss payments from Washington State Dept. of Labor & Industries
(L&I) must “buy back” sick leave during the period of disability. Sick Leave buy back is a program
that enables employees, off work due to a workplace injury, to receive a paycheck from the City
while they wait for L&I to process their claim and issue time-loss compensation. The City will
use available sick leave banks and if sick leave is exhausted, vacation leave or comp time hours
will be used. It is mandatory that an employee “buy back” their sick leave hours. “Buy back”
must be done by personal check or money order payable to the City of Marysville. L&I time-loss
checks cannot be endorsed and signed over to the City.
Employees promoted or hired to fill a vacancy created by another employee on disability leave
shall hold such positions subject to the return of the injured or ill employee. A promoted
employee affected by the return of the injured or ill employee shall be restored to the position
he or she had held previously or to any other equivalent position. A newly-hired employee
affected by the return of the injured or ill employee shall be placed in a comparable vacant
position for which he or she is qualified or may be laid off if there are no comparable vacant
positions.
Disability leave shall not apply in cases of permanent, total disability or disability retirement as
defined in Washington State law. Injuries resulting from employees’ willful misconduct,
however, shall not entitle them to disability leave.
RETURN TO WORK PROCEDURES AND TEMPORARY LIGHT DUTY
The City of Marysville values the safety, health and well being of all its employees. We want to
provide safe and healthful working conditions in all of our operations and to follow all laws and
regulations in regards to the safety and health of our employees.
The City supports the practice of bringing injured employees back to work, as soon as they are
medically able, to a position compatible with any physical restrictions they may have. The
Return to Work program is intended to restore employees to gainful employment as soon as
possible when there is little probability of re-injury to themselves and no direct threat to
others.
It is the City’s policy to provide temporary alternatives to normal employment activities for
employees who, as the result of an injury, have been released to lighter duties than their
regular job requires. Temporary (“light”) duty assignments are provided when the medical
prognosis indicates that the employee is expected to return to full duty following a course of
medical treatment.
The City will make every reasonable effort to place returning employees in existing positions
that are the same as, or equivalent to, those held prior to the illness or injury. However, the
City is under no affirmative obligation to create a position solely for this purpose. If the only
suitable position is in a lower classification the employee will receive the salary within that
classification. Employees in positions that are at a reduced pay level may be entitled to loss of
earnings (LOE) from the Department of Labor and Industries. LOE payments help offset the
difference between the employee’s original wage and the temporary wage.
GENERAL
Employees with an injury that results in disability may request to be assigned to temporary light
duty work or, at the City’s request, the employee may agree to work light duty. Employees
injured on the job will be given preference in filling temporary light duty assignments.
Consideration for temporary light duty assignments will be made on a case by case basis and
will be contingent upon the following:
1. The employee presenting a physician’s statement that includes a complete description
of the physical restrictions or limitations and releasing the employee for temporary light
duty;
2. The City’s ability, consistent with operational requirements, to temporarily modify the
employee’s regular job to accommodate the restrictions or limitations as stated by the
medical professional OR the availability of light duty work, either in the employee’s
assigned work group or any other work group within the City, that does not exceed the
identified restrictions/limitation;
3. The employee being otherwise qualified, i.e., possessing the necessary knowledge, skills
and abilities, and certifications, as determined by Human Resources, to perform the
work.
4. Temporary light duty assignments shall be short-term and shall mean 30 days or less.
After 30 days, the need for additional light duty will be reviewed on a case by case basis
and must be approved by the Chief Administrative Officer or designee. Nothing in this
policy or procedure establishes a right to be placed on temporary light duty or, once
placed, to continue in such an assignment for any specified length of time.
Human Resources has the overall responsibility for the coordination and administration of this
program and will work with Department Directors, or their designee, to identify appropriate
temporary light duties. If possible, employees will be returned to their regular department. In
instances where there are no modifications that are compatible with the restrictions, the
temporary position may be in another department. First priority will be placement within the
employee’s job classification. Second priority will be placement within the employee’s
department, and third priority will be placement in another department.
PROCEDURE
An employee must submit to Human Resources a physician’s statement, typically a completed
Return to Work Authorization form, with specific information indicating that they are
temporarily unable to perform the scope of duties of their position. The worker cannot return
to work without a release from the treating physician.
Human Resources will contact the employee’s Director/Manager and notify them that the
physician has indicated that an employee has work restrictions. The Director/Manager and
Human Resources will determine whether an appropriate temporary light duty assignment is
available.
If clarification is needed to determine whether an employee can safely perform temporary light
duty, Human Resources will notify the treating physician that the injured worker may be
considered for temporary light duty and provide a Temporary Job Analysis Form. This form will
list tasks available and describe the required physical capabilities.
If temporary light duty is approved, Human Resources will contact the employee. All tasks
assigned/performed are to be within the limits defined by the physician. The Director/Manager
is to explain/review limitations with the employee prior to work so that the recovering
employee will not aggravate his/her condition while performing temporary light duty.
Human Resources should be contacted immediately if problems arise with the employee
and/or temporary light duty assignments.
USE OF CITY VEHICLES
Employees who operate vehicles owned or leased by the City are required to maintain a valid
Washington State driver’s license. These employees must notify their supervisor immediately if
they no longer have a valid Washington State driver’s license. Failure to have a valid
Washington State driver’s license, if required for the position, may result in disciplinary action.
It is mandatory for all City employees operating motor vehicles to use seat belts, unless the
person is operating an authorized police vehicle. This includes all employees operating City
owned vehicles, passengers in City-owned vehicles, and all employees operating personal
vehicles while engaged in City business, and employees riding as a passenger in a vehicle while
on City business. Employees are also required to utilize seat belts, if available, when operating
heavy equipment. Exceptions will be allowed under certain circumstances at the discretion of
the CAO and Department Directors or for Police Officers in tactical situations.
Employees may not use a vehicle owned or leased by the City for personal purposes, other than
de minimis personal use (such as stopping for lunch during a business trip). When a City vehicle
is not being used for City business, it shall be parked at a designated location.
Some City positions may receive a vehicle allowance, at the discretion of the CAO, to provide
savings in vehicle costs by keeping the vehicle fleet at a minimum.
Requirements for CDL Drivers
In addition to the requirements listed above, special requirements apply to employees who
utilize a Commercial Driver’s License (CDL) to conduct City business. Employees who utilize a
CDL must be familiar with the rules and regulations contained within the Commercial Driver
Guide as published by the Washington State Department of Licensing.
In accordance with federal law, CDL drivers are subject to having their Motor Vehicle Record
(MVR) checked on an annual basis. Human Resources will review each MVR, also known as a
driving abstract, for suspensions or infractions. CDL drivers must also complete a Traffic
Violation Certification Form on an annual basis.
Employees must notify their supervisor immediately if their commercial drivers license is
suspended, revoked, cancelled or they receive any other notice of disqualification or restriction
from operation of a commercial vehicle. They must notify Human Resources, in writing, of all
traffic convictions within thirty (30) days. This includes infractions incurred while driving a
personal vehicle, regardless of whether the infraction resulted during personal time or while
conducting City business. Parking infractions do not need to be reported. Notification must be
made to the Washington State Department of Licensing of all out-of-state traffic convictions
within thirty (30) days.
CDL drivers must perform a pre-trip and post-trip inspection as required by the Federal Motor
Carrier Safety Administration regulation CFR 396.11 and CFR 396.13. An inspection log must be
retained and available upon request. Failing to comply with this regulation is unlawful and
could result in a citation in the event of an accident or traffic infraction.
SUBSTANCE ABUSE
The City strives to maintain a drug and alcohol-free workplace and provide a safe, healthy, and
secure work environment for employees and people doing business with the City. The
manufacture, distribution, dispensation, possession, use and/or sale of a controlled substance
in the workplace and/or during work hours or breaks in the workday is strictly prohibited. This
prohibition encompasses the possession, sale, distribution or use of any detectable amount of a
drug illegal under state or federal law, a drug not medically authorized, or other substances
that could impair job performance or pose a hazard to the safety and welfare of the employee,
the public, or other employees. Workplace includes City buildings, City-owned premises, public
property, City-owned or City-approved vehicles used to perform City functions, including travel
to and from the workplace. The workplace also includes activities performed by an employee,
whether on City property or not, on City time on behalf of the City. Failure to comply with this
policy may result in disciplinary action up to and including termination.
This policy applies to all City employees. City employees working in safety-sensitive positions,
including those who are required to hold a commercial driver’s license, are subject to additional
rules and regulations imposed by the federal government as described in other personnel
policies.
Employees are prohibited from reporting to work or remaining on duty while under the
influence of unauthorized or illegal drugs and/or alcohol, including medically authorized or
over-the-counter drugs that could impair safe work performance. Employees must report to
supervisors their medical use of drugs or over-the-counter medications which can impair safe
job performance. Management may require an opinion from a licensed medical practitioner as
to whether the medication would impair job performance. Failure to report the medical use of
such drugs or other substances or failure to provide proper medical authorization can result in
disciplinary action up to and including termination.
Reporting Requirements
As a condition of continued employment, employees shall notify their supervisors of their
convictions under any criminal drug or alcohol statute or ordinance for a violation occurring in
the workplace as defined above. Such notification shall be provided no later than five calendar
days after conviction. For purposes of this policy, the term “conviction” shall mean a finding of
guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial
body charged with the responsibility to determine violations of federal, state, or municipal drug
or alcohol statutes or ordinances. “Criminal drug statute or ordinance” means any federal,
state, or municipal criminal statute involving the manufacture, distribution, dispensing, use, or
possession of any controlled substance.
Testing
Employees may be subject to drug and/or alcohol testing when the City reasonably believes
they are not fit for duty immediately prior to, during, or immediately after performing their job
duties or while on City property. Referral for testing will be based on documented, observable
facts. Referrals will be made by supervisory personnel who have received training concerning
the signs and symptoms of drug and alcohol use.
Employees may be subject to drug and/or alcohol testing when involved in a motor vehicle
accident which results in: 1) a fatality, 2) bodily injury to a person who immediately receives
medical treatment away from the scene of the accident, or 3) one or more motor vehicles incur
disabling damage requiring the vehicle to be towed from the scene, unless the person is
operating an authorized police vehicle.
Applicants for and employees in safety-sensitive positions are subject to additional testing as
outlined in the Drug and Alcohol Testing for Employees who Operate Commercial Motor
Vehicles policy.
Disciplinary Action
Appropriate disciplinary action will be taken when employees report to the workplace under
the influence of a controlled substance or when their job performance is impaired because they
are under the influence of drugs or alcohol on the job. The City may investigate as is necessary
to verify the use of drugs or alcohol and the nature of the impairment of the employee’s job
performance. Such investigation may include the performance of drug and/or alcohol tests
where there is reasonable suspicion that drugs or alcohol have been used. Refusal to submit to
drug testing may result in disciplinary action up to and including termination.
Reinstatement
The Employer through its disciplinary process will evaluate appropriate discipline or conditions
for reinstatement.
A verified adulterated or substituted test result will be considered a refusal to test and subject to
the return to work stipulations above.
As a condition of eligibility for reinstatement after an employee has been suspended or
discharged for violating this policy, employees may be required to satisfactorily complete a
drug or alcohol rehabilitation or treatment program approved by the City, at employees’
expense. The City does not guarantee reinstatement of employees, nor does the City incur any
financial obligation for treatment or rehabilitation ordered as a condition of eligibility for
reinstatement.
In all substance test situations, an employee may request the presence of his/her union
representative if the employee is employed in a unit with a certified bargaining representative.
Although an employee may later file a grievance against the direction to submit to substance testing,
the employee must take the test when requested to do so.
Employee Assistance Program
The City supports employees who voluntarily seek treatment for alcohol or drug abuse.
Employees are encouraged to seek treatment voluntarily and to use the employee assistance
program. Employees who notify the City of alcohol or drug abuse problems will be given the
assistance extended to employees with any other illness. Sick leave, vacation leave, or leave of
absence without pay may be granted for treatment and rehabilitation as with other illnesses.
Insurance coverage for treatment is provided to the extent of individual coverage.
Confidentiality and Record Retention
All records related to drug and alcohol testing will be maintained in the Human Resources office
in a secure location with controlled access, and information may be released only to those
people with a need to know, in compliance with all regulations regarding release of medical
records. These records are kept in files separate from employees’ general personnel records.
DRUG AND ALCOHOL REQUIREMENTS AND TESTING FOR EMPLOYEES WHO
OPERATE COMMERCIAL MOTOR VEHICLES
All City employees are covered by the City’s Substance Abuse policy; however, the Drug And
Alcohol Requirements and Testing for Employees Who Operate Commercial Motor Vehicles
policy establishes an additional compulsory drug and alcohol compliance and testing program
as a condition of employment for employees required to have a commercial driver’s license to
perform their job duties. This policy complies with regulations issued by the U.S. Department of
Transportation and Federal Motor Carrier Safety Administration covering employees in safety-
sensitive positions, including those required to hold commercial driver’s licenses. All questions
regarding this policy should be directed to the Human Resources Director.
Effects of Alcohol and Controlled Substances
The City will provide on-going training to employees about the adverse effects of substance
abuse and will provide supervisors with information and procedures to recognize and deal with
substance abuse in the workplace. Training for employees will include the provisions of this
policy, consequences of prohibited behaviors, testing requirements and procedures, and effects
of alcohol and drug use on an individual’s health and work environment. Training for
supervisors and managers responsible to determine reasonable suspicion of alcohol or drug use
will include the provisions of this policy and related procedures and additional training about
indicators of probable misuse of drugs.
Prohibited Behavior
Employees are required to comply with federal and state law, which prohibit the following
behaviors:
• Consuming alcohol and/or drugs while on duty.
• Operating a commercial vehicle within four hours after using alcohol. On-call employees
who consume alcohol within four hours of being called in must acknowledge the use of
alcohol and may not report for duty.
• Consuming alcohol within eight hours following an accident or until a post-accident
alcohol test is given, whichever comes first.
• Reporting for duty or remaining on duty requiring performance of a safety-sensitive
function while having an alcohol concentration of 0.04 or more.
• Refusing to submit to any drug or alcohol test required under this policy, which
implements federal law requirements.
• Reporting for duty when using a controlled substance, except when the use is at the
instruction of a physician who has advised the employee that the substance does not
adversely affect their ability to safely operate a commercial motor vehicle. Employees
who are taking a prescription or over-the-counter medication that may impair their
ability to perform their duties safely and effectively must provide written notice from a
licensed medical practitioner that the substance will not adversely affect the employee’s
ability to safely perform work. Failure to report the medical use of such drugs, or failure
to provide proper evidence of medical authorization, may result in disciplinary action,
including possible termination.
Testing Procedures
The City is a member of the Association of Washington Cities Drug and Alcohol Testing
Consortium, which administers this testing program. The Consortium contracts with a select
clinic to conduct the testing services, provide the testing laboratory services, arrange the
testing collection sites, and provide the medical review officer functions. The services of a
substance abuse professional are available for employees with positive test results. All testing
procedures and protocols will be in accordance with federal regulations. A description of the
complete testing protocol is available from the Human Resources office.
Testing
There are six circumstances in which this policy requires testing employees for drug or alcohol
use.
• Pre-employment: Applicants applying for positions covered by this policy must pass a
drug test as a post-offer condition of employment.
• Random: Employees are subject to random, unannounced alcohol and drug testing.
Random selection of drivers will be made by a scientifically valid method, and each
driver shall have an equal chance of being selected each time selections are made.
• Reasonable Suspicion: Employees shall submit to a drug and/or alcohol test when the
City reasonably suspects that this policy may have been or is presently being violated. If
a supervisor or manager reasonably suspects that an employee may be under the
influence of or impaired by a substance, the employee shall be removed from duty
immediately, and may be required to undergo substance testing. Referrals for testing
will be based on contemporaneous, articulable observations made by supervisory
personnel who have received training concerning the signs and symptoms of drug and
alcohol use.
Alcohol testing for reasonable suspicion may only be conducted just before, during, or
after an employee performs a safety-sensitive function. If removed from duty based on
reasonable suspicion of alcohol use, and an alcohol test is not administered within eight
hours, the employee will not be allowed to perform or continue to perform covered
functions until either an alcohol test is administered and the driver’s breath alcohol
concentration measures less than 0.02 or 24 hours have elapsed following the
determination that there is reasonable suspicion to believe that the employee has
violated this policy concerning the use of alcohol.
• Post-Accident : Following an accident (as defined in this policy) involving a commercial
motor vehicle, the driver is required to submit to alcohol and drug tests when the driver
receives a citation under state or local law for a moving traffic violation or where a
fatality occurs as a result of the accident. Testing should occur as soon as possible but
may not exceed eight hours after the accident for alcohol testing and 32 hours after the
accident for drug testing. Drivers who are subject to post-accident testing must remain
readily available for such testing and may not take any action to interfere with testing or
the results of testing. Drivers who do not comply with post-accident testing
requirements will be considered to have refused to submit to testing and will be subject
to sanctions for refusal to test.
• Return to Duty: Employees who have violated this policy, including those who have
tested positive on a drug or alcohol test, and who under the discipline policy are allowed
to return to work, must test negative prior to being released for duty. Per 49 CFR
40.67(b), all employees who go for return-to-duty tests must have their collections
observed.
• Follow-up: Employees who are referred for assistance related to alcohol misuse and/or
use of drugs are subject to unannounced follow-up testing for a period not to exceed 60
months as directed by a Substance Abuse Professional and the City. The number and
frequency of follow-up tests will be determined by the Substance Abuse Professional
and the City, but will not be less than six tests in the first 12 months following
employees’ return to duty. Per 49 CFR 40.67(b), all employees who go for follow-up
tests must have their collections observed.
Employees who test positive for drugs may request a second test of the remaining portion of
the split sample within 72 hours of notification of a positive test result by the Medical Review
Officer.
Alcohol concentration results of less than 0.02 are considered negative for purposes of this
testing program. Pursuant to federal law, employees having a breath alcohol concentration of
at least 0.02 but less than 0.04 shall be removed from duty requiring driving a commercial
motor vehicle for at least 24 hours, and employees having a breath alcohol concentration of
0.04 or more shall be removed from duty requiring driving a commercial motor vehicle for at
least 60 consecutive days.
All tests for which the result is negative but dilute the employee will be sent back to the lab
immediately when the result is receipted. If the result is negative dilute again then the test
would be treated as a negative.
Definitions
The following are definitions of some key words in this policy.
• Accident: An occurrence involving a commercial motor vehicle on a public road which
results in: (1) a fatality, (2) bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of the accident, or (3) one
or more motor vehicles incurring disabling damage requiring the vehicle to be
transported away from the scene by a tow truck or other vehicle.
• Driver: Employees whose positions may involve driving a commercial motor vehicle and
that require the possession of a commercial driver’s license.
• Commercial Motor Vehicle: A vehicle that either: (1) has a gross vehicle weight of over
26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds),
(2) is designed to transport 16 or more persons, including the driver, or (3) is used to
transport hazardous materials.
• Drugs: Marijuana, cocaine, opiates, phencyclidine, and amphetamines.
• Medical Review Officer (MRO): Licensed physician responsible for receiving and
interpreting laboratory results from the urine drug tests.
• Safety-sensitive Position: Positions associated with the driving of commercial motor
vehicles.
• Performance of a Safety-sensitive function: Encompasses all time from the time a
driver begins to work or is required to be in readiness to work until the time he/she is
relieved from work and all responsibility for performing work. Safety-sensitive functions
shall include: (1) All time at an employer or shipper plant, terminal, facility, or other
property, or on any public property, waiting to be dispatched, unless the driver has been
relieved from duty by the employer; (2) All time inspecting equipment as required by
§§392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning
any commercial motor vehicle at any time; (3) All time spent at the driving controls of a
commercial motor vehicle in operation; (4) All time, other than driving time, in or upon
any commercial motor vehicle except time spent resting in a sleeper berth; (5) All time
loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the
vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and (6) All
time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
• Substance Abuse Professional (SAP): Licensed physician, licensed or certified
psychologist, social worker, employee assistance professional, or addiction counselor
(certified by the National Association of Alcoholism and Drug Abuse Counselors
Certification Commission) with knowledge of and clinical experience in the diagnosis
and treatment of alcohol and drug-related disorders. The SAP is responsible for
evaluating employees with positive test results.
Refusing to Submit to a Required Test
Employees shall not refuse to submit to an alcohol or drug test as directed under this policy.
Refusing to submit to a required test is considered the same as a positive test result. Refusing
to submit to a required test includes, but is not limited to, the following actions.
• Leaving the scene of an accident without a valid reason before the tests have been
conducted.
• Failing to immediately report to the collection site.
• Failing to remain at the collection site until the process is complete.
• Failing to provide sufficient quantities of breath, saliva, or urine for testing without a
valid medical explanation.
• Failure to permit a monitored or observed urine collection.
• Interfering with the collection procedure.
• Tampering with or attempting to adulterate the specimen.
• Having a test result reported by the MRO as adulterated or substituted.
Disciplinary Action
Employees will be subject to appropriate disciplinary action, up to and including termination, if
they test positive for drug or alcohol use or engage in prohibited behaviors as described in this
policy. Employees will be advised of resources available to them to evaluate or resolve
problems associated with drug use or alcohol misuse, regardless of disciplinary actions taken.
Even if employees are not terminated for violations of this policy, they will immediately be
removed from duties requiring driving a commercial motor vehicle. They will not be permitted
to return to work unless they have been evaluated by a qualified SAP, followed the
rehabilitation prescribed, and they have a verified negative result on a return-to-duty alcohol
and/or drug test.
Upon completion of a recommended rehabilitation program and successful return to work,
employees will be subject to follow-up random testing for up to 60 months as recommended by
the SAP and the City, with a minimum of six such unscheduled tests within the first twelve
months of returning to duty.
Employee Assistance Program
The City supports employees who voluntarily seek treatment for alcohol or drug abuse.
Employees are encouraged to seek treatment voluntarily and to use the employee assistance
program. Employees who notify the City of alcohol or drug abuse problems will be given the
assistance extended to employees with any other illness. Sick leave, vacation leave, or leave of
absence without pay may be granted for treatment and rehabilitation as in other illnesses.
Insurance coverage for treatment is provided to the extent of individual coverage.
Participation in drug and alcohol abuse programs, however, may not interfere with the tests
required by these rules. For example, drivers may not identify themselves as unfit to drive after
having been notified of a random or reasonable suspicion test and expect to avoid the
consequences for a positive test or a refusal to test. Also, voluntarily seeking assistance does
not excuse any failure to comply with all of the provisions of this policy or other City policies.
WORKPLACE VIOLENCE
The City of Marysville strives to provide employees a safe and secure environment that is free
from violence. The City does not tolerate workplace violence committed by or against
employees, and any form of workplace violence will be acted upon immediately.
Threat of Immediate Danger
If employees or anyone else in the workplace are in immediate danger, they should move out
of danger, call 911 immediately, and inform a supervisor or manager as soon as possible. If
employees confront or encounter an armed or dangerous person, they should not attempt to
challenge or disarm the individual (unless the employee is a law enforcement officer acting in
his/her official capacity). Employees should remain calm, make constant eye contact, and talk
to the individual. If a supervisor can be safely notified of the need for assistance without
endangering the safety of employees or others, such notice should be given. Otherwise,
employees should cooperate and follow the instructions given.
Employees who believe that they or anyone else in the workplace may be a target for
workplace violence must inform a supervisor as soon as possible. All reports of violence or
suspicion of violent behavior will be taken seriously, handled in a confidential manner, and
information will be released on a need-to-know basis.
Prohibited Conduct
City employees are prohibited from engaging in any violent behavior towards others, with the
exception of law enforcement officers who are acting in an official capacity. Prohibited conduct
can include oral or written statements, gestures, or expressions that communicate in a direct or
indirect manner an intent to engage in any of the conduct described below.
The following list of prohibited behaviors is not exclusive.
• Causing physical injury to another person.
• Making threatening remarks.
• Showing aggressive or hostile behavior that creates a reasonable fear of injury to
another person or subjects another individual to emotional distress.
• Intentionally damaging City property or property of another employee.
• Possessing a weapon while on City property or while on City business, except people
engaged in law enforcement, military activities sponsored by the federal or state
government, or anyone else who must carry a concealed weapon as part of their job
duties.
• Intimidating or verbally or physically abusing another person.
• Committing acts motivated by or related to domestic violence.
Reporting Procedures and Enforcement
Employees who witness or are involved in a workplace violence situation must have as their
first priority their own safety and the safety of those around them. The following procedures
should be followed to the extent possible consistent with this goal.
• Employees must report potentially dangerous situations immediately. Employees who
are subject to or observe violent behavior or threat of violent behavior, a firearm or
other weapon, or other situation that appears to be potentially dangerous, must
immediately report the action to their supervisor, manager, department director, or the
Human Resources office. If the conduct involves the employee’s supervisor or manager,
then the employee must report the incident to another supervisor, manager, or Human
Resources office.
• Employees who have obtained restraining or no contact orders against another person
are to report this information to their supervisor, manager, department head, or the
Human Resources office.
• Supervisors, managers, department directors, or the Human Resources staff will take
immediate action to resolve workplace violence incidents. Reports of violence will be
evaluated immediately and confidentially.
• The Human Resources staff will assist supervisors, managers, and department directors
in investigating and preparing documentation for action concerning an incident of
violent behavior. In some cases, a referral to the employee assistance program may also
be appropriate. Employees who have information related to the investigation are
required to participate, and failure to do so is cause for disciplinary action.
• Retaliation or attempted retaliation is a violation of this policy and is cause for
disciplinary action up to and including termination. Acts of retaliation should be
reported to department directors or the Human Resources Director.
Threats, threatening conduct, or other acts of aggression or violence in the workplace will not
be tolerated. Employees who violate this policy will be subject to disciplinary action up to and
including termination. Nonemployees engaged in violent acts on City premises will be reported
to the proper authorities and fully prosecuted.
OTHER PERSONNEL POLICIES AND PROGRAMS
TRAVEL EXPENSES
Officers and employees of the City will be reimbursed for expenses incurred on behalf of the
City during the performance of official duties as allowed by the Marysville Municipal Code. The
City does not reimburse or compensate employees for time or expenses incurred in commuting
to or from employees’ homes to their workplaces.
EMPLOYEE APPRECIATION AND RECOGNITION
The City of Marysville recognizes that its employees are its most important asset and resource
for providing high quality public services to the citizens of Marysville. The City appreciates and
recognizes the value of exceptional employee performance that contributes to improved
service, quality, productivity, and/or employee actions that are beneficial to the community.
The City also recognizes the tradition of hard and often exemplary work and dedication to
public service among its employees. The employee appreciation and recognition program
provides a means of honoring employees, both individuals and teams, for years of service,
exceptional performance, and behavior both in the workplace and community.
Employees, managers, and citizens may nominate an employee (or group of employees) for
recognition at any time. Nominations for awards will be made public. Written nominations,
stating the positive contribution(s) of the employee are submitted to department directors.
Department directors present and discuss nominations with the Selection Committee. The
Selection Committee—comprised of City employees representing several departments, varying
levels of the organization, and both represented and nonrepresented employees--reviews the
nominations and makes recommendations to the CAO for consideration and action. The Mayor
and CAO make final decisions to recognize employees under this program.
Awards are usually presented at department staff meetings and/or City Council meetings. City
employees and City Councilmembers will be invited to attend appreciation or award events at
the City’s expense. Employees’ spouses, guests, and interested citizens will be invited to attend
at their own expense. Awards recipients will be announced, and award presentations will be
publicized.
The Mayor and CAO may, at their discretion, present individual employees with a gift or gift
certificate or a group of employees with a group-oriented recognition such as a pizza lunch or
ice cream feed.
This program is designed to recognize a wide variety of employee achievements, employee
team efforts, and contributions made by individuals to the successful operation of City services.
Individuals and teams are eligible to receive recognition in the following categories. Other
categories of awards may be added or eliminated as deemed appropriate by the Selection
Committee. The Selection Committee will determine and announce criteria for additional
categories.
• Recognition of Continuous Service: Regular status employees will be recognized for
their years of service for the City and receive a service award for completing 5, 10, 15,
20, 25, 30, 35, 40, and 45 years of service.
• Recognition of Retirement: An employee retiring from service with the City of
Marysville may receive this award.
• Safety Award: Employees may be recognized for excellent safety records and/or acts
that result in an improved City safety program.
• Excellence in Public Service:
Extraordinary effort and/or continuous excellence in service to the public.
Implementation of innovative and practical new work methods, programs, or cost-
saving solutions that have a substantial impact on improving service and efficiency.
Outstanding professionalism and competence in completion or implementation of a
project with significant benefit to the community or City.
Consistent and outstanding performance at work (that is, employee regularly finds
“better-ways-to-do-it,” is a problem solver, expediter, assists others do their jobs
better, or serves as mentor, teacher, or role model for others).
Exceptional community volunteerism with a positive impact on the lives of others.
Heroism in response to an emergency situation.
Other meritorious performance or actions of a similar nature.
The employee appreciation and recognition program is funded in the budget for human
resources programs, and all City expenditures for employee appreciation and recognition
activities must come from funds appropriated in the current budget. Purchases and all other
related accounting activities must comply with applicable City procedures for City-funded
activities.