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Stanwood Personnel Policy Manual

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City of Stanwood
Personnel Policy Manual

Adopted by Resolution 2000-05

Table of Contents

SECTION I INTRODUCTION AND EMPLOYMENT

1.1 Introduction
1.2 Intent of Policies

1.3 Scope of Policies
1.4 Changing the Policies

SECTION 2 EMPLOYMENT POLICIES AND PRACTICES

2.1 Equal Employment Opportunity Policy
2.2 Anti-Harassment
2.3 Definitions
2.4 Recruitment

2.4.1 Recruitment Process
2.4.2 Application Process
2.4.3 Pre-Employment Medical Examination
2.4.4 Temporary Employees
2.4.5 Volunteers
2.4.6 Community Service Workers and Other Court Referred Individuals

2.5 Orientation Period
2.6 Employment of Relatives (Nepotism)
2.7 Employees of Other Agencies
2.8 Employment of Former Employees
2.9 Employee Personnel Records and Privacy

2.9.1 Personnel File Contents
2.9.2 Medical/I-9/Workers Compensation Files
2.9.3 Access to Personnel Files
2.9.4 Reference Requests and Information Requests
2.9.5 File Retention

2.10 Reclassifications

2.10.1 Promotions
2.10.2 Lateral Reclassification
2.10.3 Demotion

SECTION 3 HOURS AND ATTENDANCE

3.1 Hours of Work
3.2 Overtime

3.2.1 Non-Exempt Employees
3.2.2 Exempt Employees

3.3 Compensatory Time
3.4 Attendance

3.4.1 Inclement Weather

3.5 Breaks and Meal Periods
3.6 Call Back

SECTION 4 WAGE AND SALARY ADMINISTRATION

4.1 Salary Classification and Grades
4.2 Employees Pay Rates
4.3 Paydays

4.3.1 Payroll Draws

4.4 Deductions from Pay
4.5 Payroll Records
4.6 Travel Expense Reimbursement

4.6.1 Reimbursable Expenses
4.6.2 Non-Reimbursable Expenses

4.7 Compensation Upon Separation of Employment

SECTION 5 TRAINING AND DEVELOPMENT

5.1 Performance Appraisals
5.2 Staff Training
5.3 Educational Assistance Program

5.3.1 Eligibility
5.3.2 Covered Expenses
5.3.3 Grade Requirements
5.3.4 Approval

SECTION 6 EMPLOYEE BENEFITS

6.1 Retirement Benefits
6.2 Workers Compensation
6.3 Health Insurance Benefits
6.4 Deferred Compensation Plan
6.5 Continuation of Insurance Coverage
6.6 Unemployment Compensation
6.7 Benefits for Part-time and Temporary Employees

SECTION 7 LEAVES

7.1 Vacation Leave

7.1.1 Accrual Limits
7.1.2 Scheduling of Vacation Time
7.1.3 Annual Vacation Cash-Out
7.1.4 Vacation Pay - Off Upon Separation of Employment

7.2 Sick Leave

7.2.1 Allowable Uses of Sick Leave

7.3 Leave Without Pay
7.4 Jury and Witness Leave
7.5 Administrative Leave
7.6 Military Leave
7.7 Religious Holidays
7.8 Bereavement Leave
7.9 Holidays

7.9.1 Floating Holidays
7.9.2 Work on Holidays

SECTION 8 EMPLOYEE RESPONSIBILITIES AND CONDUCT

8.1 Code of Conduct
8.2 Outside Employment and Conflicts of Interest
8.3 Political Activities
8.4 No Smoking Policy
8.5 Personal Possessions and Electronic Communications
8.6 Electronic Mail

8.6.1 E-mail Use Limited to City Business
8.6.2 Public Records
8.6.3 No Privacy Rights
8.6.4 Attorney-Client Communications
8.6.5 E-mail Etiquette
8.6.6 Repelling Unwanted E-mail
8.6.7 Liability
8.6.8 Discipline and Supervision
8.6.9 Technical Support

8.7 Internet Use

8.7.1 Internet Use Limited to City Business
8.7.2 Authorized Users
8.7.3 No Privacy Rights
8.7.4 Professional and Courteous Communications
8.7.5 Duty to Abide by Procedures Established by the City Clerk Treasurer
8.7.6 Supervision
8.7.7 Discipline

8.8 Use of City Vehicles and Equipment
8.9 Appearance
8.10 Bulletin Boards
8.11 Contact with News Media
8.12 Use of City Vehicles
8.13 Driver's License Requirements
8.14 Solicitations
8.15 Safety
8.16 Substance Abuse
8.17 Cellular Telephone Usage
8.18 Employee Use of City Credit Cards
8.19 Vendor Meetings with Employees
8.20 Sunshine Funds
8.21 Complaint Procedures

SECTION 9 DISCIPLINE AND TERMINATIONS

9.1 Actions Subject to Disciplinary Action
9.2 Possible Disciplinary Actions
9.3 Pre-Termination Hearing
9.4 Layoff
9.5 Resignation
9.6 Death

SECTION 10 REPORTING IMPROPER GOVERNMENTAL ACTION

SECTION 1 - PURPOSE AND SCOPE

1.1 INTRODUCTION

These personnel policies serve as a general guide to the City of Stanwood's current employment practices and procedures. As such, we hope they will help you better understand how the City operates and what is expected of you as an employee. These policies also describe what the City provides you in terms of compensation, benefits and other support.

The City places the highest value on our employees and their well being. We want to see that you are a satisfied worker, with the support necessary to achieve the objectives of your position. Only in this manner can your contribution to the City organization be the most productive.

It is our belief that when consistent personnel policies are known and communicated to all, the choices for greater job satisfaction increase. We encourage you to read these policies. If you have any questions, please ask your supervisor or department director. As you have ideas or suggestions for improvement, please do the same.

1.2 INTENT OF POLICIES

These policies are not intended to be a contract, express or implied, or any type of promise or guarantee of specific treatment upon which you may rely, or a guarantee of employment for any specific duration. Although we hope that your employment relationship with us will be long term, we recognize that things may not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights are granted to you in employment contracts, civil service rules, or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. Please understand that no supervisor, manager or representative of the City other than the Mayor has the authority to enter into any agreement with you for employment for any specified period or to make any written or verbal commitments contrary to the foregoing.

1.3 SCOPE OF POLICIES

This policy and procedures manual supersedes all previous manuals, letters, memoranda and understandings. These personnel policies apply to all City employees. However, to the extent that these policies conflict with any City ordinance, Civil Service rules and regulations, the provisions of a collective bargaining agreement, state or federal law, the terms of that law or agreement prevail. In all other cases, these policies apply.

1.4 CHANGING THE POLICIES

As the need arises, the Mayor may modify these policies, except that the City Council, by resolution, shall enact any changes in compensation or benefit levels. The Mayor may deviate from these policies in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the City's citizens. Employees may request specific changes to these policies by submitting suggestions to their department director.

SECTION 2 - EMPLOYMENT POLICIES AND PRACTICES

2.1 EQUAL EMPLOYMENT OPPORTUNITY

The City maintains a policy of non-discrimination with employees and applicants for employment. The City will not unlawfully discriminate in any aspect of employment based on race, color, religion, sex, age, marital status, national origin, pregnancy or related medical condition, veteran status, sexual orientation, disability, or any other basis prohibited by statute. The City will accommodate qualified disabled applicants and employees as required by law.

2.2 ANTI-HARASSMENT POLICY

Every employee of the City of Stanwood has the right to work in an environment free from harassment. Harassment of any employee on the basis of his or her race, religion, color, national origin, age, sex, sexual orientation, marital status, or the presence of any physical, mental, or sensory disability is a serious violation of City policy and will not be tolerated.

HARASSMENT DEFINED: Harassment can take many forms and can include slurs, comments, jokes, innuendo, unwelcome compliments, pictures, cartoons, pranks or other verbal or physical conduct which: (1) has the purpose or effect of creating an intimidating, hostile, or offensive working environment; (2) has purpose or effect of unreasonably interfering with an individual's work performance; or (3) otherwise unreasonably affects an individual's employment opportunities.

SEXUAL HARASSMENT DEFINED: Sexual harassment is a type of harassment and occurs when the types of verbal and physical conduct described above is sexual in nature or is gender-based, i.e., directed at a person because of their gender. Sexual harassment exists in the workplace when: (1) submission to the conduct is either explicitly or implicitly a term or condition of employment; (2) submission to or rejection of the conduct is used as the basis of an employment decision affecting such individual; or (3) the conduct unreasonably interferes with the individual's job performance or creates a work environment that is intimidating, hostile, or offensive.

Sexual harassment includes: unwelcome verbal behavior such as comments, suggestions, jokes or derogatory remarks based on sex; physical behavior such as pats, squeezes, repeatedly brushing against someone's body, or impeding or blocking normal work or movement; visual harassment such as posting of sexually suggestive or derogatory pictures, cartoons or drawings, even at one's work station; unwanted sexual advances, pressure for sexual favors and/or basing employment decisions (such as an employee's performance evaluations, work assignments, or advancement) upon the employee's acquiescence to sexually harassing behavior in the workplace.

COMPLAINT PROCEDURE: If you feel you or other employees have been subjected to harassment of any kind, you are encouraged to immediately identify the offensive behavior to the harasser and request that it stop. If you are uncomfortable in addressing the matter directly with the harasser, or if you do so and the behavior does not stop, then discuss the matter immediately with your Department Head or the Mayor. Supervisors and managers who receive a harassment complaint are to contact the Mayor.

All complaints will be investigated promptly, impartially, and as discreetly as possible. Upon completion of the investigation, the appropriate parties will be notified of the findings. Any supervisor, agent, or other employee who has been found to have harassed an employee will be subject to appropriate corrective action, ranging from a disciplinary warning to termination. No employee will suffer retaliation for reporting instances of harassment.

We trust that employees of the City will act responsibly to maintain a pleasant working environment, free of harassment, allowing each employee to perform to his or her maximum potential. The City encourages any employee to bring questions he or she may have regarding harassment of this type to their Department Had or the Mayor.

2.3 DEFINITIONS

The City maintains standard definitions of employment status and classifies employees for purposes of personnel administration and related payroll transactions according to the following definitions:

City Administrator: An employee, under the direction and authority of the Mayor, who supervises, administers and coordinates the activities and functions of the City.

Department Head An employee who has responsibility for directing one or more departments.

Regular Full-time Employee: An employee who has successfully completed his/her orientation period, and regularly works a minimum of 40 hours a week. Regular full-time employees are eligible for all City benefits.

Regular Part-time Employee: An employee who has successfully completed his/her orientation period, and who regularly works less than 40 hours a week, but at least 20 hours a week. Regular part-time employees are eligible for pro-rated benefits.

Temporary Employees: Employees who hold jobs of a limited duration due to peak workloads, special projects, or emergencies. Temporary employees are not eligible for any City benefits other than those required by law.

Exempt Employee: Employees whose positions meet the tests established by the Fair Labor Standards Act (FLSA) and state law, and who are exempt from overtime pay requirements.

Non-Exempt Employee: Employees whose positions do not meet FLSA exemption tests. Non-exempt employees are paid on an hourly basis and are eligible for overtime pay.

Immediate Family: Includes the employee's parents, spouse and dependent children.

2.4 RECRUITMENT

It is the policy of the City to offer employment to the applicant possessing the best qualifications fitting the requirements of the job.

2.4.1 Recruitment Process

When a position becomes vacant or when a new position is requested, the Department Head shall review the position, its job description and the need for such a position prior to any posting or advertisement of the vacancy. The Department Head will prepare and submit a written request to fill the position to the Mayor or his/her designee. The position will be posted and/or advertised only after the Mayor or his/her designee has approved the request. Positions will generally be posted for a minimum of a three (3) week period.

2.4.2 Application Process

All applications must be fully completed, signed and dated by the applicant to be considered. Resumes may be submitted in addition to the application, but will not replace such. Any applicant supplying false or misleading information is subject to immediate disqualification or termination, if hired.

Residency within the City generally will not be a condition of initial appointment or continued employment, provided, however, that an employee's selection of residence does not interfere with the daily performance of his/her duties and responsibilities.

Applicants for positions for which the applicant is expected to operate a motor vehicle must be at least eighteen years old and will be required to present a valid Washington State driver's license upon employment with any necessary endorsements. Driving records of applicants may be checked. Applicants with poor driving records, as determined by the City, may be disqualified for employment with the City in positions requiring driving.

The City may conduct certain background procedures as required by law or City policy. Examples of such procedures include: reference checks, requiring applicants/employees to show proof that they are authorized to work in the U.S. and requiring applicants/employees who have unsupervised access to children and developmentally disabled adults to complete a disclosure statement. Applicants may be disqualified from employment as a result of background checks. The City may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the City. The City may contract with any competent agency or individual to prepare and/or administer the examination.

2.4.3 Pre-Employment Medical Examination

After an offer of employment has been made and prior to commencement of employment, the City may require persons selected for employment in some job classifications to successfully pass a medical examination, (which may include testing for alcohol and controlled substances). The purpose of the examination is to determine if the individual is physically able to perform the essential functions of the job without creating a direct threat to the health, safety or wellbeing of other employees or the public. The offer of employment may be conditioned on the results of the examination.

If a medical examination is required, all information provided to the City will be maintained in confidence in accordance with the Americans with Disabilities Act. All applicants required to take a medical examination will be required to sign the standard consent and release form permitting the examining physician to disclose the results of the physical examination to the City.

If the applicant questions the result of the physical examination, he or she will be given an opportunity to comment, submit additional information including statements from other physicians, and/or request another physical examination.

A candidate may be withdrawn from consideration if found physically unable to perform the essential functions of the position with reasonable accommodation;

the candidate refuses to submit to a medical examination or complete medical history forms; or if the exam reveals use of alcohol and/or controlled substances.

2.4.4 Temporary Employees

With the approval of the Department Head, temporary employees may be hired to temporarily replace regular employees on approved leave, when the workload exceeds the ability of the normal staff to accomplish the work on a timely and quality basis, or to temporarily fill a vacancy until a regular employee is hired. Temporary employees may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws.

Temporary employees may not work more than seventy hours a month for more than five months in a twelve month period.

Temporary employees are eligible for overtime pay as required by law.

Temporary employees normally do not receive retirement, vacation, sick leave, health insurance, holidays or any other benefits during their employment.

An employee promoted or hired to fill a vacancy created by a person on leave generally is appointed to the position subject to the return of the absent employee. A replacement employee is subject to layoff if no other appropriate position is available upon return of the employee whose position was temporarily being filled.

2.4.5 Volunteers

Volunteers may be recruited by individual Department Heads to assist with the provision of City programs/services. All volunteers will complete a standard City application form including references. All volunteers will be supervised by a regular employee or designated volunteer supervisor. Volunteers are not intended to eliminate regular employees.

2.4.6 Community Service Workers and Other Court Referred Individuals

As appropriate, the City may consider the placement of individuals who are referred by the courts to perform community service or other needed tasks.

2.5 ORIENTATION PERIOD

All appointments of staff, including new hires, promotions, transfers and re-hires, are made on a trial basis of 6 months, which is considered an integral part of the selection and evaluation process. The "Orientation Period" provides the employee an opportunity to demonstrate his/her suitability for the position through actual work performance and it provides the City an opportunity to evaluate the employee's ability to meet the demands of the position and become a contributing member of the City.

Extensions of the standard 6-month orientation period may be approved to properly evaluate the employee's performance. The orientation period will not be less than 6 months for any reason. No orientation period will extend beyond 12 months.

Prior to the end of the orientation period, the Department Head is required to prepare a written performance evaluation. The performance evaluation will be reviewed by the Mayor or his/her designee.

The completion of the orientation period does not alter the at-will relationship. All employees have the right to terminate the employment relationship at any time with or without cause, and the City retains the same right.

2.6 EMPLOYMENT OF RELATIVES (NEPOTISM)

The immediate family of current City employees and City Council Members will not be employed by the City where:

1. One of the parties would have authority, (or practical power) to supervise, appoint, remove, or discipline the other.

2. One party would handle confidential material that creates improper or inappropriate access to that material by the other.

3. Where one party would be responsible for auditing the work of the other.

4. Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interest of the City.

Change in Circumstances: If two employees marry, become related or begin sharing living quarters with one another, and in the Mayor's judgement, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the City, unless a transfer or other arrangement can be made to eliminate the potential problem. The decision as to which employee will remain with the City must be made by the two employees within thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the City reserves the right to terminate either employee.

2.7 EMPLOYEES OF OTHER AGENCIES

Employees of other agencies who may be providing services to the City of Stanwood under inter-local or other agreements shall not be considered employees of the City even if they are supervised or assigned work by City personnel.

2.8 EMPLOYMENT OF FORMER EMPLOYEES

When former employees apply to be rehired, they will be evaluated on the same basis as all other applicants. Consideration will be given to past job performance, the circumstances surrounding termination of previous employment and the former employee's ability to meet the job requirements of the position.

Employees rehired within 30 consecutive days after separation may have their service bridged. This means that the employee may retain the original date of hire and may continue to accrue benefits (vacation and sick leave) at the same rate as before separation. Insurance benefits, previously in effect, may continue also.

Employees rehired after a break of service of more than 30 consecutive days will receive a new date of hire. They will be treated the same as new employees for all benefits, unless approved in advance, in writing, by the Mayor or his/her designee.

2.9 EMPLOYEE PERSONNEL RECORDS AND PRIVACY

A personnel file is maintained for each employee of the City. The official personnel files for all employees are located at City Hall and under the direct supervision of the City Clerk-Treasurer.

2.9.1 Personnel File Contents

Personnel files will generally include the following information:

1. Application for employment and related hiring documents such as resumes and course transcripts.

2. Employee title, department and position held.

3. Personal information changes and personnel action affecting the employee.

4. Performance documents including performance appraisals.

5. Current job description.

6. Other documents pertaining to employment such as appreciation letters, corrective action reports, employment contracts, employment verifications, training records, and references from previous employers.

2.9.2 Medical/I-9/Workers Compensation Files

Medical records, medical information related to ADA or FMLA documents necessary for the administration of employer benefit programs, and any investigatory information will be kept in a separate confidential file. I-9 forms are maintained in a separate file. Workers Compensation documents are maintained in a separate file.

2.9.3 Access to Personnel Files

Employees are permitted reasonable access to inspect their personnel files, including medical and immigration files, during regular business hours. Employees may request additions or removal of information in their personnel records. If the City denies the employee's request to remove information, the employee may file a written statement to be placed in his/her file. The City may also provide a written statement to be placed in the personnel file as well.

Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, court orders, or valid requests for information from an investigating agency, no information from an employee's personnel file will be released to the public, including the press, without written request for specific information and a written consent by the employee.

2.9.4 Reference Requests and Information Requests

If employees wish the employer to verify information requested by outside sources for credit or other purposes, an authorization and release form with the employee's signature must accompany the request.

Employment references on current or former employees will be provided by the Mayor or his/her designee only, as follows:

1. References with Written Approval: References may be given with written approval of the employee or ex-employee. This information will be released in writing and a copy retained in the employee's personnel file.

2. Written Inquiries: If the request for information is in writing, salary information will be verified. This verification will be in writing and a copy retained in the employee's file.

2.9.5 File Retention

Originals of all personnel records will be maintained and retained for a minimum of three years after an employee's separation date.

2.10 RECLASSIFICATIONS

Reclassifications include promotions, demotions, and lateral changes within a job classification.

2.10.1 Promotions

The City encourages current City employees to apply for vacant City positions for which they are qualified. Promotions and transfers are based on qualifications and documented performance. When considering two or more candidates and the qualifications and documented performance are equal in the judgment of management, promotion will be based on seniority.

Receipt of a promotion or transfer does not constitute commitment for continued employment in the new position, nor is there a guarantee that the employee will be able to return to their former position if they are unsuccessful in the new job.

2.10.2 Lateral Reclassification

Lateral reclassifications (change in job title, but no change in job grade) and lateral transfers (change in location, but no change in job title or job grade) will not warrant a pay increase. Any exception will require prior approval of the Mayor or his/her designee.

2.10.3 Demotion

Demotions are individually evaluated by the Mayor for appropriate salary treatment.

SECTION 3 - HOURS AND ATTENDANCE

3.1 HOURS OF WORK

The City's standard workweek is Monday through Friday from 8:00 a.m. to 5:00 p.m. with a one hour, unpaid lunch period. A normal working schedule for regular, full-time employees consists of forty hours each workweek. Different work schedules may be established by the City to meet job assignments and provide necessary City services. The Department Head is responsible for advising the employee of his/her specific working hours.

Part-time and temporary employees will work hours as specified by their Department Head.

All non-exempt employees are responsible for accurately reporting all hours worked on forms supplied by the City. Employees failing to accurately record time worked are subject to discipline. Exempt employees must submit a time sheet showing days worked and utilization of accrued leave.

3.2 OVERTIME

The City overtime pay policy conforms to overtime provisions of the Fair Labor Standards Act and Washington Minimum Wage Act Regulations. Exemption from these provisions will be claimed for an employee only when it can clearly be established that the position duties and responsibilities meet the requirements for such exemption. Therefore, all City positions are designated as either "exempt" or "non-exempt" according to the Fair Labor Standards Act "FLSA" regulations.

3.2.1 Non-Exempt Employees

Non-exempt employees are entitled to additional compensation, either in wages or compensatory time off, when they work more than the maximum number of hours during a work period. All overtime must be authorized in advance by the employee's Department Head. Overtime pay is calculated at one and one-half times the employee's regular rate of pay for all time worked beyond the established work period.

When computing overtime, holidays, sick leave, vacation leave, or any leave of absence, will not be considered as hours worked.

3.2.2 Exempt Employees

Exempt employees are not covered by the Fair Labor Standards Act or Washington Minimum Wage Act overtime provisions and do not receive overtime pay. An exempt employee is paid to perform a job which may not necessarily be completed in a normal workweek. In recognition of the extra time demands of certain exempt positions, informal paid leave may be taken, as mutually agreed upon by the employee and the Mayor.

3.3 COMPENSATORY TIME

Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment. This is approved on a case-by-case basis by the employee's Department Head. The City is not required to grant compensatory time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory time shall be limited to eighty (80) hours for regular employees. After maximum accrual, overtime compensation shall be paid.

Employees may use compensatory time within a reasonable time period after making a request to their Department Head, unless doing so would unduly disrupt City operations. Compensatory time should be used for short-term absences from work during times mutually agreed to by the employee and his/her Department Head. Accumulation of compensatory time to be used as a substitute for extended vacation time off is not normally permitted.

Employee compensatory time balances may be reviewed at least annually as part of the City's budget process.

3.4 ATTENDANCE

Punctual and consistent attendance is a condition of employment and an essential function of each job. Each Department Head is responsible for maintaining an accurate attendance record of his/her employees.

Employees unable to work or unable to report to work should notify their supervisor as soon as possible, ordinarily before the work day begins or within thirty (30) minutes of the employee's usual starting time.

If an absence continues beyond one day, the employee is responsible for reporting in each day or as requested by the supervisor. If the supervisor is unavailable, the employee may leave a message with the appropriate department head stating the reason for being unable to report for work and providing a number where s/he can be reached. An employee who is absent without authorization or notification is subject to disciplinary action, including possible termination.

An employee having excessive absences or otherwise violating the City's attendance policy will be subject to disciplinary action up to and including discharge. Total attendance may also be considered relative to disciplinary action. Failure to call in for three consecutive days will be treated as job abandonment.

3.4.1 Inclement Weather

During times of inclement weather or natural disaster, it is essential that the City continue to provide vital public services. Therefore, it is expected that employees make every reasonable effort to report to work without endangering their personal safety.

An employee who is unable to get to work or leaves early because of unusual weather conditions may charge the time missed to: vacation, floating holiday, compensatory time, or leave without pay. The employee shall advise the supervisor by phone as in any other case of late arrival or absence.

3.5 BREAKS AND MEAL PERIODS

Non-exempt employees receive one fifteen-minute break for every four hours worked. All breaks shall be arranged so that they do not interfere with City business or service to the public. Meal periods are scheduled by the employee's Department Head. The scheduling of meal periods may vary depending on department workload. Meal periods are unpaid and usually are one hour in length.

3.6 CALL BACK

All employees are subject to call back in emergencies or as needed by the City to provide necessary services to the public. A refusal to respond to a call back is grounds for immediate disciplinary action, up to and including possible termination.

Employees called back to duty will be paid their appropriate rate of pay for hours worked or at the overtime rate for hours worked over the applicable overtime threshold.

SECTION 4 - WAGE AND SALARY ADMINISTRATION

4.1 SALARY CLASSIFICATION AND GRADES

Each position within the City is classified into one of the City's classifications for salary purposes, based on job qualifications, level of responsibility, difficulty, working conditions, skill, hazard, and amount of supervision required for the specific job title. Each classification is designated a particular salary or salary range shown on the City wage schedule and individual job descriptions.

4.2 EMPLOYEE PAY RATES

Employees shall be paid within the limits of the classification range to which their positions are assigned. Usually, new employees will start their employment at the minimum wage rate for their classification. However, a new employee may be employed at a higher rate when the employee's experience, training or proven capability warrant, or when prevailing market conditions require a starting rate greater than the minimum.

Pay increases are contingent on satisfactory performance. If an employee's performance is consistently unsatisfactory, the Mayor or his/her designee, may defer a scheduled pay increase for a stipulated period of time or until the employee's job performance is satisfactory, based on a Department Head's recommendation.

The Mayor may propose an across-the-board pay adjustment (cost of living increase) from time to time, raising the salaries of all positions by a specified amount within a defined group of classifications. Such adjustments, if any, will not change an employee's pay anniversary date.

4.3 PAYDAYS

City employees are paid monthly on the last working day of each month. If a regularly scheduled payday falls on Saturday or Sunday or on a holiday, paychecks will be distributed on the previous scheduled working day.

4.3.1 Payroll Draws

Employees may be allowed a draw on the fifteenth day of the month. The draw amount to be no more than 50% of the monthly net amount due the employee. Draw checks are distributed after 3:00 p.m. Only the employee or his/her written authorized designee may pick up any check.

4.4 DEDUCTIONS FROM PAY

The City will withhold from the employee's paycheck those deductions required by law and any voluntary deductions authorized by the employee, applicable union contract, or statute.

4.5 PAYROLL RECORDS

The official payroll records are kept by the City Clerk-Treasurer. Each Department Head shall turn in on a monthly basis a signed work record for each employee within their department, noting hours worked, compensatory time used, leave taken, and overtime worked.

The Mayor shall sign work records for the Department Heads.

4.6 TRAVEL EXPENSE REIMBURSEMENT

City employees will be reimbursed for reasonable and customary expenses actually incurred while performing official City business. The City will not reimburse for expenses that have already been paid by another program or organization, or if reimbursement is available through another program or organization.

4.6.1 Reimbursable Expenses

Expenses such as meals, lodging, mileage, parking, bridge tolls, and ferries may be reimbursed with proper approval and/or receipts. Employees and elected officials are responsible for the submittal of their own reimbursement requests. Requests which are not submitted in a timely manner, normally 90 days from the date in which the expense was incurred, may not be approved. Requests for reimbursement are to be submitted on an expense report form signed by the employee and the Department Head, with applicable receipts and/or per diem requests attached.

Meal reimbursement rates, including tax and tip are as follows:

Breakfast $8.00
Lunch $10.00
Dinner $18.00

Automobile mileage reimbursement is 90% of the standard mileage rate as set forth in the most current issue of IRS Publication 17.

Department Head authorization is required for City coverage of lodging expenses for employees on official City business. The travel destination/lodging site must be outside of a 100-mile-travel radius of the City of Stanwood. Training or conference starting and ending times are to be considered. Return travel time (early dismissal) is often planned for at conferences to permit easier and safer travel; this may eliminate the need for lodging the evening after business, a conference or training. However, certain work activities ending in the evening may not make return travel prudent on that evening.

4.6.2 Non-Reimbursable Expenses

Alcoholic beverages, traffic and parking tickets and similar expenses are non-reimbursable.

4.7 COMPENSATION UPON SEPARATION OF EMPLOYMENT

Upon separation of employment with the City, the employee will receive the following compensation on the next regularly scheduled payday:

1. Regular wages for all hours worked up to the time of separation, which have not already been paid.

2. Any overtime or holiday pay due.

3. A lump sum payment for any compensatory time up to a maximum of 80 hours.

4. A lump sum payment of any accrued but unused vacation up to a maximum of 240 hours.

Accrued but unused sick leave is not paid upon separation from employment.

SECTION 5 - TRAINING AND DEVELOPMENT

5.1 PERFORMANCE APPRAISALS

To achieve the City's goal to train, promote and retain the best qualified employee for every job, the City provides a formal employee performance appraisal process. The appraisal is part of an employee's official personnel file and may be a factor in determining employee development, training needs, validating selection procedures, determining wage increases, promotions, and transfers. The appraisal process may also be used in coordination with planning for layoffs, or termination proceedings.

The Mayor or his/her designee is responsible for developing and maintaining the City's performance evaluation program and assuring that all positions have written descriptions. Department Heads are responsible for notifying the Mayor or his/her designee of any changes/additions to position descriptions.

Employees are to be evaluated by their Department Head prior to completion of their orientation period and at least once every 12 months thereafter.

5.2 STAFF TRAINING

The City recognizes the mutual benefits derived from personal growth and increased work competence and thereby encourages staff to pursue applicable training opportunities.

At the discretion of the Department Head, and/or the Mayor or his/her designee, the City may provide partial or full payment for costs associated with the employee's attendance at training workshops and seminars that are directly related to City employment, including the requirement to obtain or maintain specific licenses or certifications and to develop staff resources. All requests are contingent upon availability of funds. Whether training time is paid or unpaid depends on the nature of the training and will be determined in accordance with state law.

5.3 EDUCATIONAL ASSISTANCE PROGRAM

The City has established an educational assistance program to provide employees with the opportunity to enhance their development, to increase their knowledge and skills, and to earn undergraduate and advanced degrees that are related to their work. Courses must be directly related to the employee's current job, an advanced position within the City, or an identifiable career path within the City in order to qualify for reimbursement. Classes must not interfere with an employee's normal work schedule and the time spent in such classes is not compensable work time. No more than two classes may be taken per semester/quarter.

5.3.1 Eligibility

Regular, full-time employees who have completed six months of continuous employment are eligible to apply for the program.

5.3.2 Covered Expenses

Tuition costs, examination fees and required laboratory fees at an accredited institution are covered by the program. The annual dollar limit on reimbursable tuition expenses is $2,000 or as mutually agreed upon through an employment contract. Books, travel, parking, lodging and extraneous fees are not reimbursable expenses. There are no advance payments. Reimbursements are made after a course is completed. Employees who quit a course, quit employment or are discharged for violating company policy are not eligible.

5.3.3 Grade Requirements

The eligible expenses that the City will reimburse to eligible employees for courses are based on the employee's final grade received for the course, as follows:

Grade-Amount refundable (up to allowable maximum)

Undergraduate coursework C or better: 100%
Graduate coursework B or better: 100%
Pass/Fail: 100% if "Pass" but only if regular letter grade system is unavailable.
No reimbursement for grades less than C.

5.3.4 Approval

In order to be eligible for tuition reimbursement, employees must obtain written approval in advance from their department head and the Mayor. Approval of any course for reimbursement is at the discretion of the City and contingent on the availability of funds.

SECTION 6 - EMPLOYEE BENEFITS

6.1 RETIREMENT BENEFITS

The City makes contributions on behalf of all eligible employees to the Social Security System in addition to those contributions made by the employee through FICA payroll deductions.

All regular full-time and eligible part-time employees are covered under the Public Employees Retirement System (PERS). Benefit levels and contribution rates are set by the State of Washington. Employees intending to retire should notify their Department Head of their intent to retire at least three months prior to the date of retirement.

6.2 WORKERS COMPENSATION

All employees except those covered by LEOFF 1 are covered by the State Worker's Compensation Program. This insurance covers employees in case of on the job injuries or job-related illness. For qualifying cases, State Industrial Insurance will pay the employee for work days lost and medical costs due to job-related injuries or illness. All job-related accidents should be reported immediately to the employee's supervisor, and documented.

When an employee is absent for one or more days due to an on-the-job accident, he/she is required to file a claim for Worker's Compensation. If the employee files a claim, the City will continue to pay (by use of the employee's unused sick leave) the employee's regular salary pending receipt of Worker's Compensation benefits.

When the employee receives Worker's Compensation benefits; he/she is required to repay the City the amount covered by Worker's Compensation and previously advanced by the City. This policy is to ensure that employees will receive prompt and regular payment during periods of injury or disability so long as accrued sick leave is available, while ensuring that no employee receives more than he/she would have received had the injury not occurred. Upon the repayment of funds advanced, the appropriate amount of sick leave shall be restored to the employee's account.

6.3 HEALTH INSURANCE BENEFITS

Regular full-time and regular part-time employees and their dependents are eligible to participate in the City's insurance programs on the first day of the month following employment. The programs and criteria for eligibility will be explained upon hire. The City contributes toward the cost of premiums in the amounts authorized by the City Council. The remainder of the premiums, if any, shall be paid by the employee through payroll deduction. The City reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees.

Temporary employees will normally not be eligible for insurance coverage.

6.4 DEFERRED COMPENSATION PLAN

The City of Stanwood offers a Deferred Compensation Plan for eligible employees. The purpose of this plan is to extend to valued employees certain benefits which ordinarily accrue from participation in a deferred compensation plan. The City does not and cannot represent or guarantee that any particular federal or state income, payroll or other tax consequence will occur by reason of an employee's participation in this plan. A participant should consult with their own attorney or other representative regarding all tax or other consequences of participation in this plan. For a detailed explanation of the plan, see Section 2.60 of the City Code.

6.5 CONTINUATION OF INSURANCE COVERAGE

Workers Compensation Leave: An employee receiving Worker's Compensation benefits continues to accrue vacation leave and sick leave for up to six (6) months. The City also continues to pay for the employer's portion of health insurance premiums, provided that the employee continues to pay their share of premiums, if any. After six (6) months, the employee's benefits shall cease unless the Mayor or his designee makes an exception based on the criteria stated in Section 1.4 of these policies. The employee may continue health care benefits by self-paying insurance premiums for the remainder of the time he/she receives Worker's Compensation benefits, up to the maximum allowed by law.

COBRA Rights: Upon an employee's termination from City employment, an unpaid leave of absence, or other qualifying event, at the employee's option and expense, the employee may be eligible to continue City health insurance benefits to the extent provided under the federal COBRA regulations. An administrative handling fee over and above the cost of the insurance premium may be charged the employee or his/her dependents who elect to exercise their COBRA continuation rights.

6.6 UNEMPLOYMENT COMPENSATION

City employees may qualify for Washington State Unemployment Compensation after termination from City employment depending on the reason for termination and if certain qualifications are met.

6.7 BENEFITS FOR PART-TIME AND TEMPORARY EMPLOYEES

Unless noted otherwise in these policies, benefits for regular part-time and temporary employees are as follows:

Regular Part-Time Employees: All leaves, including holidays, are pro-rated. Pro-rated means the ratio between the number of hours in the employee's normal work schedule and forty (40) hours per week. For part time employees working half time (50%) or greater the City will pay for the employee only rate for medical and dental coverage.

Temporary Employees: Temporary employees normally are not eligible to receive benefits, including leaves, holidays and insurance.

SECTION 7 - LEAVES

7.1 VACATION LEAVE

The City recognizes the importance of offering time off for rest and relaxation. Therefore, annual vacations are provided each year on the basis of years of service from the last date of hire.

Regular full-time employees are eligible for vacation leave accrual as outlined below:

Years of Service Days of Vacation per Year

1^st - 5^th Year 10 days/year

6^th - 10^th Year 15 days/year

After the 10^th (tenth) year, one additional day per year is added to a maximum of 25 vacation days.

Employees serving their orientation period will accrue vacation leave, but may not take vacation time off until the orientation period is completed. Vacation leave shall accrue monthly at 1/12^th the annual rate based upon hours worked.

Regular part-time employees are eligible for vacation leave accrual on a pro-rated basis. Temporary employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay.

7.1.1 Accrual Limits

The maximum number of vacation hours which may be carried over from one calendar year to the next is 120 hours. In cases where City operations have made it impractical for an employee to use vacation time, the Department Head may authorize additional carry-over. Maximum accrual is 240 hours (30 Days); this maximum may be exceeded during a calendar year, but vacation leave balances in excess of 240 hours as of December 31^st of each year will be forfeited without pay.

7.1.2 Scheduling of Vacation Time

Leave requests must be completed and submitted in advance, preferably at least 2 weeks prior to the desired vacation date(s). Each Department Head is responsible for scheduling its employee's vacation without undue disruption to City operations. Employees may be denied permission to take vacation if it unduly disrupts operations. Seniority will be followed as nearly as possible in granting requests for vacation leave. No vacation leave will be granted in excess of amount accrued.

Utilization of vacation time by exempt employees is allowed in hourly, daily, or weekly increments.

7.1.3 Annual Vacation Cash-Out

An employee may choose to receive compensation for one standard workweek of accrued vacation days each year, so long as 2 workweeks of vacation accrued remain for the benefit of the employee. The written request must be approved by the City Treasurer and the appropriate Department Head.

7.1.4 Vacation Pay-Off Upon Separation of Employment

An employee may elect a cash payment of accrued vacation leave up to a maximum of 240 hours upon separation of employment, providing the separation was due to reasons other than termination due to gross misconduct, and, if a resignation, that proper notice was given by the employee.

In the event of a deficit in other leave categories, available vacation will be used to reconcile the deficit prior to any vacation payoff.

7.2 SICK LEAVE

All full-time regular employees accrue sick leave benefits at the rate of one workday for each calendar month of continuous employment. Regular part-time employees may accrue sick leave benefits on a pro-rata basis according to hours worked. Temporary employees do not earn sick leave benefits. Employees do not accrue sick leave benefits during a leave without pay. Employees accrue and may use sick leave during the orientation period. Sick leave shall not be accrued above a 72-day maximum (576 hours), unless provided for in a collective bargaining agreement or employment contract.

7.2.1 Allowable Uses of Sick Leave

Sick leave covers those situations in which an employee is absent from work due to:

1. Employee's own health condition (illness, injury, physical or mental disability, including disability due to pregnancy or childbirth);

2. The need to care for members of the employee's immediate family (see definition under Section 2.3)

3. Medical or dental appointments for the employee or dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day;

4. Exposure to a contagious disease where on the job presence of the employee would jeopardize the health of others;

5. Use of a prescription drug which impairs job performance or safety;

6. Additional leave beyond bereavement leave for a death in the immediate family, to be authorized by the Mayor or his/her designee.

7. The need to care for the employee's parents who are ill.

A doctor's certificate may be required when an employee is absent for a period in excess of three days.

Employees who use all their accumulated sick leave and require more time off work due to illness or injury may, with the Mayor's or his/her designee's prior approval, request a leave without pay. (See Leave Without Pay Policy)

Employees may be sent home and be required to use sick leave if a supervisor determines that an employee's performance is negatively affected by his/her health conditions.

Employees will not be paid for any unused sick leave upon leaving City service for any reason.

7.3 LEAVE WITHOUT PAY

The Mayor or his/her designee may grant leaves without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. Examples of situations for which leave without pay may be granted include time off work for personal reasons, such as prolonged illness, parenting, caring for an ill relative, or pursuing an education.

Only regular full-time and regular part-time employees who have satisfactorily completed their orientation period are eligible for leave without pay. The following requirements apply:

1. Leave without pay may be granted to an employee for a period of up to three calendar months, upon the approval of the Mayor or his/her designee.

2. Accrued compensatory time, if any, and vacation leave must be exhausted prior to taking any leave without pay. Sick leave must be exhausted if the leave is for reasons to which sick leave is applicable. Time spent utilizing accrued paid leave or compensatory time is included in the three month maximum leave.

3. An employee's benefits are suspended during the period of leave without pay until the employee returns to work. Vacation, sick leave and/or any other benefits do not accrue while an employee is on leave without pay.

4. In certain circumstances, self payment of benefits may apply. See Section 6.5.

5. An employee who fails to report promptly at the end of the leave without pay is presumed to have voluntarily resigned. An employee returning from leave without pay may, at the City's option, return to the same position or similar position at a comparable rate of pay.

6. If the leave without pay is due to an illness, the City may require a doctor's certificate stating that the employee is capable of returning to work and performing the work, duties and responsibilities of the employee's position, with or without reasonable accommodation.

7. Leave without pay may be taken for disability related to pregnancy, childbirth, or related medical condition, where accrued sick leave does not cover the entire time needed. Such leave shall be for the actual period of disability as certified by a doctor, even if it exceeds three months. Employees taking leave without pay for childbirth-related disability are guaranteed a return to their job or a similar job with at least the same pay.

8. Parental Leave: In appropriate circumstances either parent may take leave without pay for parental leave related to birth or adoption of a child. Parental leave must be taken within one year from the time of childbirth or adoption.

7.4 JURY AND WITNESS LEAVE

Jury Duty. The City provides all employees leave for jury duty service. Regular full-time and regular part-time employees who have completed their orientation period receive paid jury duty leave of up to two weeks each time they are called for jury service. In general, if jury duty extends beyond two weeks in any one instance the additional leave will be unpaid. If an employee is summoned during a critical work period, the City may ask the employee to request a waiver from duty.

Exempt salaried employees who are asked to serve longer than two weeks should contact the Mayor or his/her designee to discuss whether future paid leave will be provided. Payments provided by the courts during period of paid jury duty leave must be turned over to the City, excluding expense reimbursements, such as mileage. The employee must provide his/her supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, the employee is required to provide their supervisor with proof of jury service.

Witness Duty. All employees summoned to testify in court are allowed time off for the period they serve as a witness. In general, witness duty leave is unpaid unless the employee is a witness in a case involving the City. For exempt salaried employees, however, salary payment will continue except for full-day absences.

7.5 ADMINISTRATIVE LEAVE

On a case-by-case basis, the City may place an employee on administrative leave with or without pay for an indefinite period of time, as determined by the Mayor or his/her designee to be used in the best interests of the City pending an investigation or other administrative proceedings.

7.6 MILITARY LEAVE

The City provides all employees leave while performing military service in accordance with federal and state law. Regular full-time and part-time employees receive paid military leave of up to 15 working days per year for military service. In general, if military service extends beyond 15 working days, the additional leave will be unpaid. Exempt salaried employees who serve longer than two weeks should contact the Mayor or his/her designee to discuss whether further paid leave will be provided. All employees who are not eligible for paid military leave are provided unpaid leave for a period of their military service. Military service includes active military duty and Reserve or National Guard training. An employee is required to provide their supervisor with copies of their military orders as soon as possible after they are received. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law.

7.7 RELIGIOUS HOLIDAYS

If an employee's religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with his/her Department Head's approval, take the day off using vacation leave or compensatory time.

7.8 BEREAVEMENT LEAVE

Regular full-time and regular part-time employees receive up to three days of bereavement leave for a death in the immediate family (see definition in Section 2.3), brother or sister, mother or father-in-law, son or daughter-in-law, grandparent, grandchild, or other relative who resides in the employee's home. Longer periods, charged against the employee's sick leave, may be approved by the Mayor or his/her designee.

7.9 HOLIDAYS

The following days are recognized as paid holidays for regular full-time and part time employees:

Holiday Day Observed

New Year's Day January 1^stMartin Luther King's Birthday Third Monday in January
Presidents Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Immediately following Thanksgiving
Christmas Day December 25th
Floating Holiday At Employee's Option

Employer-paid holidays which fall on a Saturday will be observed on the preceding Friday; paid holidays falling on a Sunday will be observed on the following Monday.

Regular part-time employees receive holiday pay on a pro-rated basis.

7.9.1 Floating Holidays

On January 1^st of each year all regular full time employees will be credited with eight (8) hours of floating holiday leave and all regular part time employees will be credited with a pro rata amount of floating holiday leave. An eligible employee may then select when to take their floating holiday hours subject to the following conditions:

(1) the employee has given not less than 14 calendar days written notice to the Department Head; provided, however, the employee and the Department Head may agree upon an earlier date;

(2) the number of employees selecting a time off does not prevent a department from providing continued public service;

(3) the personal holiday hours must be taken during the calendar year or entitlement to the hours will lapse, except when an employee has requested personal holiday time and the request has been denied in writing; and

(4) a Department Head may deny a request in writing for personal holiday hours when in his/her judgement such a request would impair that department's providing continued public service.

New employees hired prior to July 1^st will be entitled to a floating holiday for that year. New employees hired after July 1^st do not receive a floating holiday in the year hired.

7.9.2 Work On Holidays

No work will normally be required of an employee on a holiday. However, in the event that a regular, full-time non-exempt employee is required to work a holiday, he/she will be paid for the holiday plus one and one-half times his/her regular rate of pay for all hours worked on the holiday. Such time must be pre-authorized by the Department Head.

Regular part-time employees and temporary employees will be paid at their regular straight-time rate for hours worked on a holiday. Regular part-time employees will also be paid for the holiday on a pro-rated basis.

SECTION 8 - EMPLOYEE RESPONSIBILITIES AND CONDUCT

8.1 CODE OF CONDUCT

All City employees are expected to represent the City to the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and their Department Head.

Since the proper working relationship between employees and the City depends on each employee's on-going job performance, professional conduct and behavior, the City has established certain minimum standards of personal conduct. Among the City's expectations are:

basic tact and courtesy towards the public and fellow employees;
adherence to City policies, procedures, safety rules and safe work practices;
compliance with directions from supervisors;
preserving and protecting the City's equipment, grounds, facilities, and resources;
providing orderly and cost efficient services to its citizens.

The City is a relatively small organization. To function as efficiently as possible, employees may be asked to perform seemingly "menial" duties outside of regular assignments. It is no reflection on the employee's worth to the City, but a necessary arrangement for most small organizations.

To make the most efficient use of personnel, the City also reserves the right to change your work conditions and the duties originally assigned. If these arrangements become necessary the employee's best cooperation is expected.

8.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST

Employees shall not, directly or indirectly, engage in outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which:

1. Prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job;

2. Is conducted during the employee's work hours;

3. Utilizes City telephones, computers, supplies, or any other resources, facilities or equipment;

4. Is employed with a firm which has contracts with or does business with the City; or

5. May reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service.

8.3 POLITICAL ACTIVITIES

City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities.

Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause.

Except as noted in this policy, City employees are otherwise free to fully exercise their Constitutional First Amendment rights.

8.4 NO SMOKING POLICY

For health and safety considerations, the City prohibits smoking or tobacco use by employees in all City facilities, including City buildings, vehicles, offices or other facilities rented or leased by the City, including individual employee offices.

8.5 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS

The City furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of employees, and reserves the right to search employee desks, lockers, and personal belongings brought onto City premises, if it perceives or receives a threat to any personnel or City facility.

The City also furnishes computers for use in conducting City business. Because the computers are for City business, the City reserves the right to review the contents of any files or documents on the computer, including contents of any electronic mail. City computers are not for personal use. Only software approved by City management may be installed on City computers. No software may be copied or used contrary to its license.

8.6 ELECTRONIC MAIL

This policy applies to all City employees and officers who use e-mail either on the cooperative local area network or through the City's Internet capabilities. In addition, this policy applies to all persons who use e-mail as a representative or agent of City of Stanwood.

It is appropriate to use the City's electronic mail system ("e-mail" hereafter) only to conduct official City business and to facilitate efficient communications. E-mail can be an effective tool for communication and to avoid potential delays, or to avoid the cost or inconvenience of printing, publishing and mailing paper correspondence.

Use of e-mail in City of Stanwood government shall be in accordance with this policy and all applicable Federal, State and local laws.

8.6.1 E-Mail Use Limited To City Business

E-mail may be used for City business purposes only. The term "City business purposes" means the official work of City government undertaken for the public benefit, as opposed to activities undertaken for personal, non-City or other private purposes.

8.6.2 Public Records

E-mail is a form of written communication and must be treated in the same manner as a paper document of the same nature. All e-mail communications are the property of City of Stanwood and may be subject to the Public Records Disclosure Act (RCW Ch. 42.17).

Each employee is responsible for maintaining a paper copy of those e-mail communications the employee receives or sends which the employee would have an obligation to retain if created on paper. If an employee has a doubt concerning the need to retain any e-mail, the employee shall consult his or her supervisor.

8.6.3 No Privacy Rights

Electronic communications are not private or confidential. All e-mail communications are the property of the City of Stanwood. There are no rights to individual privacy in any e-mail communications, whether through the local area network or the City's Internet capabilities. No person shall use e-mail for any matter which he or she considers private or personal.

8.6.4 Attorney-Client Communications

Advice sought from or given by the City Attorney is protected from disclosure by the attorney-client privilege. However, disclosure of attorney-client communications may waive the privilege and make the advice open to non-clients. E-mail is not confidential and therefore may not be used for confidential attorney-client communications.

8.6.5 E-mail Etiquette

The personnel rules and the standards of conduct apply to the use of e-mail. All e-mail shall be professional and courteous. E-mail shall not contain epithets or harassing or derogatory comments based on race, religion, disability, age, gender, or other protected status.

8.6.6 Repelling Unwanted E-mail

There may be occasions when e-mails are received which the recipient did not solicit and which do not comply with this policy. No employee shall be subject to discipline for receiving such e-mail provided the employee promptly replies by e-mail to discourage the sender with the following or similar message to the sender:

"You have sent me e-mail at City of Stanwood government which is not in compliance with City policies. E-mail sent to City of Stanwood government e-mail address must be for City business purposes only. I do not wish to receive e-mail of the nature you sent at work. Please do not send me any additional material of this kind at a City of Stanwood e-mail address."

8.6.7 Liability

The same consideration and care must be used in e-mail communications regarding official actions or statements on behalf of the City that would be used in other forms of written correspondence. Any outgoing e-mail messages which express an opinion that has not been authorized as the official City position on the subject must include a disclaimer that the opinion is not that of City of Stanwood but the employee's own personal opinion.

8.6.8 Discipline and Supervision

Violators of this policy shall be subject to discipline, up to and including termination.

It is the responsibility of the elected official or department head to enforce these policies, and to monitor and audit use of e-mail within each agency or department.

8.6.9 Technical Support

Employees may call the Clerk Treasurer's office for answers to questions concerning implementation of e-mail or about how to properly configure and use e-mail capabilities. The Clerk Treasurer shall have the authority to establish procedures for the implementation of this policy. All users of the City's e-mail systems must abide by any procedures established by the Clerk Treasurer pursuant to this policy.

8.7 INTERNET USE

City of Stanwood's Internet capabilities are City property and may be used for City business purposes only. Use of the Internet is intended to facilitate the timely and efficient conduct of City business. City employees must comply with this policy and all applicable Federal, State and local laws when they use the Internet, whether via the cooperative local area network, as a representative or agent of the City of Stanwood, or through any use of City Internet capabilities.

8.7.1 Internet Use Limited to City Business

The City's Internet capabilities may be used for City business purposes only.

The term "internet" means the electronic information system of that name which interconnects smaller groups of linked computer networks.

The term "City's Internet capabilities" means any and all access to the Internet obtained through City sponsorship, ownership, or financial contribution, or by any employee or officer as a representative or agent of the City of Stanwood, and/or during work hours.

The term "City business purposes" means the official work of City government undertaken for the public benefit, as opposed to activities undertaken for personal, non-City or private purposes. Unacceptable sites or uses include, but are not limited to, the following:

Pornographic sites and access to pornographic materials.
Use of the City Internet to harass employees, vendors, customers and others
Sports or games.
Use of the City Internet for partisan political purposes.
Unauthorized transfer of copyrighted materials utilizing City Internet capabilities
Any site that charges a fee (unless there has been prior written approval of justified City expense item by supervisor).
Vendor sites to purchase personal items.
Marketing of personal or private business.

8.7.2 Authorized Users

No City employee or officer shall be authorized to use the City's Internet capabilities until he or she has signed a document indicating that the employee or officer has read and agrees to be bound by the terms of this policy.

8.7.3 No Privacy Rights

Electronic communications are not private or confidential. All Internet communications utilizing the City's Internet capabilities ate the property of the City of Stanwood and may be public records under the Public Disclosure Act (RCW 42.17.). There are no rights to individual privacy in any communications or information obtained through the City's Internet capabilities.

8.7.4 Professional and Courteous Communications

The standards of conduct for City of Stanwood employees apply to use of the City's Internet capabilities. All communications across the Internet shall be professional and courteous.

8.7.5 Duty to Abide by Procedures Established by the City Clerk Treasurer

The City Clerk Treasurer shall establish procedures for posting content on the Internet, accessing information (including downloading information or software), virus detection and control, access controls and related security mechanisms for use of the City's Internet capabilities.

All users of the City's Internet capabilities must abide by the procedures established by the Clerk Treasurer pursuant to this policy.

8.7.6 Supervision

It is the responsibility of the elected official or department head to enforce these policies, and to monitor and audit use of the City's Internet capabilities within each agency or department.

8.7.7 Discipline

Violators of this policy shall be subject to discipline, up to and including termination.

8.8 USE OF CITY VEHICLES AND EQUIPMENT

Use of City phones for local personal phone calls should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only. An employee's misuse of City services telephones, vehicles, equipment or supplies can result in disciplinary action including termination.

8.9 APPEARANCE

All employees should be properly attired for their work environment. Attire such as cut-off shorts, gym clothing, tank tops, or ripped or torn clothing is unacceptable and not permitted. Employees will be notified if their attire is not appropriate.

8.10 BULLETIN BOARDS

Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head.

8.11 CONTACT WITH NEWS MEDIA

The Mayor, City Attorney, and/or Department Heads shall be responsible for all official contacts with the news media, including answering of questions from the media. The Mayor may designate specific employees to give out procedural, factual or historical information on particular subjects.

8.12 USE OF CITY VEHICLES

The use of a City vehicle is a revocable privilege. In order to remain eligible to use a City vehicle, employees must meet the following requirements.

1. Per Washington law, anyone operating or riding in City motorized vehicles must wear seat belts at all times.

2. You must have your valid, current Washington driver's license with you any time you drive a City vehicle.

3. You may not loan out a City vehicle to others inside or outside of the organization without permission.

4. You must drive in a safe and legal manner, including complying with Washington seat belt laws.

5. You must not operate a City vehicle under the influence of drugs, alcohol or any controlled substance.

6. You must notify your Department Head of any citations for moving violations while operating City vehicles.

Violation of any of these rules, or having an unsatisfactory driving record, may cause the City to revoke your driving privileges, and subject you to other disciplinary action.

8.13 DRIVER'S LICENSE REQUIREMENTS

As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license with required endorsements. If an employee's license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her Department Head, in writing, and may be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her Department Head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination for those positions that require driving.

8.14 SOLICITATIONS

Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply:

1. Persons not employed by the City may not solicit, survey, petition, or distribute literature on City premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. (Exceptions to this rule may be made, by the Mayor or his designee, in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community-based fund raising effort).

2. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Soliciting employees who are on non-work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas. The employee lunchroom is considered a non-work area under this policy.

8.15 SAFETY

Every employee is responsible for maintaining a safe work environment and following the City's safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to his/her Department Head. The City will make every effort to remedy problems as quickly as possible.

In case of any accident, regardless of how serious, employees shall immediately notify their Department Head. A copy of each accident report shall be provided to the Clerk's office.

Employee safety depends on the safety consciousness of everyone. In order to facilitate a safe work environment, employees may not bring dangerous weapons to the workplace. This includes, but is not limited to, weapons for which employees have a valid permit. The only exception of this rule involves law enforcement positions for which the job requires possession of dangerous weapons.

8.16 SUBSTANCE ABUSE

The City's philosophy on substance abuse has two focuses: (1) a concern for the well-being of the employee and (2) a concern for the safety of other employees and members of the public.

It is the policy of the City of Stanwood to maintain a drug-free workplace. The manufacture, distribution, dispensation, possession, use, or being under the influence of unlawful drugs or alcohol on City premises, in City vehicles, or during work hours by City employees is strictly prohibited. This does not apply to persons taking prescription drugs and narcotics, as directed by a physician or dentist, provided such use shall not endanger the worker or others. It is the employee's responsibility to verify with his/her physician, dentist, or pharmacist, as to whether or not a prescription or over-the-counter drug will impair performance and to notify his/her supervisor of the impairment and the period of time the medication will be used

Availability of Rehabilitation or Treatment: As part of the employee assistance program through the City's medical plans, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily come forward to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employees who seek advice or treatment will not be subject to retaliation or discrimination.

When job performance is Affected: Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. An employee may be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination.

Substance Abuse Policy for Operators of Commercial Motor Vehicles: City employees who hold commercial driver's licenses ("CDL's") and who operate commercial motor vehicles while employed by the City are subject to additional rules and regulations imposed by the federal government. These regulations require urine drug testing and alcohol breath testing in the following circumstances:

1. Pre-employment;

2. Reasonable suspicion;

3. Post-accident;

4. Return to duty testing;

5. Random testing.

CDL holders who test positive must be removed from service and are subject to discipline, up to and including termination. CDL holders should consult the City's CDL policy for the additional details concerning these rules.

8.17 CELLULAR TELEPHONE USAGE

Only regular full-time employees, volunteer fire department officers, and elected officials may participate in the City's "government-plan" for cellular phone services. Participants must agree to select the long distance/cellular service carrier/vendor designated by the City. Participation in the City's government plan must be approved by the Mayor or his/her designee. Approved participants must submit a completed cellular phone use agreement to the Clerk-Treasurer. Failure to abide by the agreement may result in removal from the plan.

Only one telephone may be assigned to an individual, under the City's government plan rates. Participants in the City's cellular phone plan are to pay for their personal cellular phone calls. Certain telephones/telephone numbers may be designated exclusively for official City business use.

Cellular phone users, upon leaving City employment, will be removed from the government plan.

8.18 EMPLOYEE USE OF CITY CREDIT CARDS

Employee use of City credit cards will be with Department Head authorization, and will be in accordance with RCW 39.58.180 and RCW 42.42.115. Bank credit cards (VISA) will only be issued to Department Heads who may carry them permanently. Fuel credit cards may be assigned to employees for specific vehicles. For financial control purposes, all other credit cards are to be signed out from the Clerk-Treasurer's Department when needed, and returned after each use. The loss or misuse of a City credit card is to be immediately reported to the Clerk-Treasurer.

8.19 VENDOR MEETINGS WITH EMPLOYEES

Meetings with vendors for other than official City business must be by appointment and held on the employee's break time or lunchtime and may not take place in City work areas.

8.20 SUNSHINE FUNDS

Employees may voluntarily donate funds in small amounts for the purchase of birthday cards, cakes, flowers, etc., for related events including birthdays, funerals, farewells, or similar events for the benefit of fellow employees. Collection of such "sunshine" funds, if done, is to be done on a work-site basis and will involve no City funds. Solicitation of sunshine funds must be conducted in accordance with the City's solicitation policy. The fund coordinator will be a volunteer City employee. All membership or participation in the fund is to be voluntary.

8.21 COMPLAINT PROCEDURES

The City recognizes that sometimes situations arise in which an employee feels that he or she has not been treated fairly or in accordance with City policies. For this reason the City provides its employees with procedures for resolving complaints.

Step 1: An employee should first try to resolve any problem or complaint with his/her immediate supervisor.

Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of City policies and procedures, the employee should attempt to resolve the problem with his/her Department Head. The responsible Department Head will usually respond to the employee in writing within five working days after meeting with him/her if possible.

Step 3: If the employee is not satisfied with the response from the Department Head, the employee may submit the problem, in writing, to the Mayor or his/her designee. The written complaint must contain, at a minimum.

1. A description of the problem;

2. A specific policy or procedure which the employee believes has been violated or misapplied;

3. The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances;

4. The remedy sought by the employee to resolve the complaint.

The written complaint must be filed within five working days after the Department Head's response at step two.

The Mayor or his/her designee may meet with the parties, either individually or together, and will respond in writing to the aggrieved employee within ten working days of the meeting. The Mayor's response and decision shall be final and binding.

Certain employees may have more than one source of dispute resolution rights, i.e., the City's Civil Service rules, a collective bargaining agreement, if any, and this complaint process. Employees represented by a bargaining unit or who are covered under civil service rules should 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 an employee have the right to utilize both this process and any other complaint or appeal procedure that maybe available to an employee.

SECTION 9 - DISCIPLINE AND TERMINATIONS

9.1 ACTIONS SUBJECT TO DISCIPLINARY ACTION

The City's success in providing excellent service to its citizens and maintaining good relationships with the community depends on its employees. Therefore the City has provided for your guidance certain conduct which, if engaged in, would be detrimental to our objective and could lead to disciplinary action including discharge. The following specified conduct is illustrative and not comprehensive.

1. Misrepresentation or withholding of pertinent facts in securing employment.

2. Unauthorized use or possession of the City's facilities/property. Unauthorized use of position with the City for personal gain or advantage. Accepting unlawful gratuities or bribes. Lying.

3. Smoking in any unauthorized posted area or creating of fire hazards in any area.

4. Violation of dress standards. Violation of the City's telephone use policy.

5. Failure to properly secure City facilities or property.

6. Loitering after completing day's work which results in the disruption of the City's business or the work effort of other employees. Vending, soliciting, or collecting contributions for any purpose whatsoever during working time on the premises without the permission of the supervisor.

7. Unauthorized operation or using machines, tools, or equipment to which the employee has not been specifically assigned.

8. Unauthorized recording of another employee's time record. Both employees can be subject to disciplinary action.

9. Habitual lateness for work. Absence without proper notification to immediate supervisor, excessive absenteeism, or insufficient reasons for absenteeism. Loitering, goofing off, failing to assist others in a work situation.

10. Making malicious, false, or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of the City or our employees, on or off premises. Disorderly conduct, including fighting on the premises. Rudeness, discrimination, intimidation, coercion, use of obscene language, gesture or lack of courtesy to the public or fellow employees. Immoral conduct while on duty.

11. Intentional falsification of records/paperwork required in the transaction of the City business.

12. Inability, inefficiency, negligence, or insubordination, including a refusal or failure to perform assigned work. Concealing defective work.

13. Failure to observe safety practices, rules, regulations, and instructions. Negligence that results in injury to others. Failure to wear required safety clothing and equipment.

14. Failure to promptly report to your immediate supervisor an on-the-job injury or accident causing damage to or involving an employee, customer, visitor, City equipment or City property.

15. Dishonesty or theft, including deliberate destruction, damage, or removal of the City's or other's property from the premises, or any job site.

16. Possession, use, sale, or being under the influence of alcohol and controlled substances while on City business (including standby duty). The only exception to this rule shall be for an employee using or possessing a controlled substance prescribed by a doctor if such employee has given his/her supervisor prior notice of such use and/or possession and such use does not impair safe and/or efficient work performance.

17. Possession of explosives or weapons on the premises or at any job site.

18. Conviction of a gross misdemeanor or felony.

9.2 POSSIBLE DISCIPLINARY ACTIONS

In the event that discipline is necessary, the following types of disciplinary actions may be used, depending on the particular situation:

1. Oral Warning.

2. Written Reprimand.

3. Suspension.

4. Demotion.

5. Termination.

The choice of what discipline to apply in any particular case is solely the City's.The use of discipline less than termination in any particular case does not change the at-will nature of the employment relationship. Employees who are exempt from overtime laws will not be suspended without pay for disciplinary purposes for periods less than a full workweek, unless the infraction involves violation of safety rules of major significance.

9.3 PRE-TERMINATION HEARING

In the case of termination of an employee other than orientation period employees, the City will conduct a pre-termination hearing. The pre-termination hearing serves as a check against mistaken decisions and as an opportunity for an employee to furnish additional facts before a termination decision is finalized.

In the event a Department Head desires to terminate an employee, the employee shall be provided with a notice of the recommendation for termination. The notice shall include an explanation of the charges on which the recommendation is based, and the time and date for a pre-termination hearing. If the employee fails or refuses to appear, the termination may proceed.

Pre-termination hearings will be presided over by the Mayor or his/her designee. The hearings are intended to be informal. The employee may show cause why he/she should not be terminated. The employee may bring one person to the hearing as a representative.

Usually within two (2) working days after the pre-termination hearing, the Mayor or his/her designee will issue a decision on whether there are reasonable grounds to believe the charges against the employee are true and support termination. A longer review period may be required in more complex situations.

9.4 LAYOFF

The Mayor may lay off employees for lack of work, budgetary restrictions, reorganizations or other changes that have taken place.

9.5 RESIGNATION

An employee should provide a minimum of two weeks notice of resignation. As much time as possible is encouraged.

9.6 DEATH

Upon death of an employee, all compensation due shall be paid, according to state statutes.

SECTION 10 - REPORTING IMPROPER GOVERNMENTAL ACTION

General Policy:

In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution.

Key Definitions:

Improper Governmental Action: any action by a city officer or employee that is:

1. Undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and

2. In violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.

3. "Improper governmental action" does not include actions (hiring, firing, complaints, promotions, and reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications.

Retaliatory Action: any material adverse change in the terms and conditions of an employee's employment.

Emergency: a circumstance that if not immediately changed may cause damage to persons or property.

Procedure for Reporting Improper Government Action: City employees who become aware of improper governmental action should follow this procedure:

1. Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action.

2. Where the employee believes the improper action involves the supervisor, the employee may raise the issue directly with the Mayor or his/her designee.

3. The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action.

An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030.

In the case of an emergency, where the employee believes that damage to persons or property will result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action.

Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur.

Protection Against Retaliation: It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure:

Procedure for Seeking Relief Against Retaliation:

(1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go the Mayor or his/her designee. The written charge shall specify the alleged retaliatory action and the relief requested.

(2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge.

(3) After receiving the City's response, the employee may request a hearing before a state Administrative Law Judge (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor or his/her designee for response.

(4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an Administrative Law Judge. At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted.

Policy Implementation: The Mayor or his/her designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers, and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility.

Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including termination.

Sample Only

City of Stanwood Personnel Policy Manual

City of Stanwood
Personnel Policy Manual