Chapter 2.12
EMPLOYEE POLICIES1
Sections
2.12.020 Pay plans and annual pay schedules.
2.12.030 Pay plan administration.
2.12.070 State retirement system.
2.12.080 Health and welfare plans.
2.12.100 Authority to promulgate personnel policies and regulations.
2.12.110 Fair employment policy.
2.12.005 Definitions.
Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
“Annual pay schedule” means the actual dollar amounts contained in the basic pay plan.
“Basic pay plan” is a pay plan containing 40 or more salary ranges. Within each range there are pay steps.
“City” is the municipal corporation of the state of Washington known as the City of Des Moines.
“City Council” is the elected legislative body of the City, composed of seven members.
“City Manager” is the chief executive officer and appointing authority of the City. The City Manager is appointed by the City Council.
“Collective bargaining agreement” or “CBA” means a contractual agreement between the City and an employee group that governs wages, hours and working conditions for represented employees.
“Domestic partner” means a state registered domestic partner where at least one partner is at least 62 years of age.
“Employee” is any individual appointed to a paid position of service with the City.
“Employee, extra-hire” is an employee appointed to either a budgeted or nonbudgeted position that is a (a) temporary; (b) seasonal; (c) variable-hour part-time; or (d) an ongoing position with a regular work schedule of 16 hours per week or less. Extra-hire employees are eligible for overtime, but shall receive no holiday pay, floating holiday, vacation, or any other benefits of the City except those mandated by law or regulations.
“Employee, limited term” is an employee appointed to a full-time or part-time position for a specific project or need. The position shall last only for so long as the project or specific need for which it was created exists, but in no event longer than three years. Limited-term employees are entitled to the same benefits offered to regular employees except the Social Security replacement retirement program.
“Employee, regular full-time” is an employee who has been appointed to a budgeted position which lasts for an indefinite period in an ongoing, year-round basis, with a regular work schedule of 40 or more hours per week. Normally such an employee receives a monthly salary.
“Employee, regular part-time” is an employee who has been appointed to a budgeted position which lasts for an indefinite period in an ongoing, year-round basis with a regular work schedule of more than 16 hours and less than 40 hours per week.
“Holiday” is a designated day off during which the employee would otherwise be scheduled to work.
“Leave” is an authorized absence from regularly scheduled work hours that has been approved by the proper authority.
“Pay grade” is a specified salary range within the basic pay plan.
“Pay step” is a single rate of pay within a pay grade or range. Pay steps consist of “A,” “B,” “C,” “D,” and “E” steps in the basic pay plan.
“Position classification” is the assignment of a position to a pay grade in the basic pay plan.
“Position description” is a written statement setting forth the general duties and responsibilities of a position. It may also be called “job description.”
“Salary range” is a set of salaries consisting of an established minimum, intermediate, and maximum rate of pay.
“Volunteer” is an individual who provides services to the City on a voluntary basis and whose compensation is limited to: reimbursement for reasonable expenses incurred in the performance of services as a volunteer; reasonable fringe benefits, excluding health coverage; and/or nominal fees or honorarium provided in connection with services as a volunteer. Volunteers are not employees and are not eligible for benefits. [Ord. 1689 § 1, 2017: Ord. 1557 § 1, 2012: Ord. 1484 § 1, 2010.]
2.12.010 Salary and benefits.
(1) It shall be the policy of the City to treat nonunion full- or part-time regular employees equitably as to salary increases and benefits which are provided by the City to employees represented by a labor union. While it is the intent of the City to provide equitable compensation for nonrepresented employees, at times there may be different outcomes for certain uniformed employees because of the constraints of labor negotiations with bargaining units that have binding interest arbitration.
(2) For full or regular part-time employees not represented by a labor union, salary rates and benefits shall be set according to resolution of the City Council.
(3) For employees represented by a labor union, salary rates and benefits shall be set according to the terms provided in a current and valid labor contract.
(4) For extra-hire employees, hourly rates and benefits will be set by the City Manager. Extra-hire employees receive no benefits of the City except those mandated by law or regulations. Extra-hire employees receive sick leave benefits only as provided in RCW 49.46.200 and 49.46.210. Extra-hire employees are not eligible for the Washington State Public Employees’ Retirement System (PERS) unless they meet the state criteria for eligibility in PERS, which requires at least five months of 70 hours or more for two consecutive years initially. Once a position is determined to be PERS-eligible, it will continue to be eligible for PERS if it requires at least five months of 70 or more hours of compensated service at least every other year. Extra-hire employees will be deemed eligible for health coverage if, based on City prior approval, the employee averages 30 or more hours per week during a measurement period as established in the City’s Personnel Manual.
(5) The salary rates contained in the basic pay schedule shall be established on the basis of full-time services in full-time positions at 40 hours per week and regular part-time employees at less than 40 hours per week. Department directors shall average 42 hours per week on an annual basis. [Ord. 1689 § 2, 2017: Ord. 1484 § 2, 2010: Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 1, 1989. Formerly 2.72.010.]
2.12.020 Pay plans and annual pay schedules.
(1) Basic Pay Plan. The basic pay plan for regular nonrepresented employees shall consist of 40 or more salary ranges. Within each range there shall be five steps, A through E, consisting of five percent incremental increases. The differential between Step A in each range shall be four percent.
(2) The pay plan for extra-hire employees shall consist of salary ranges, steps and increases set by the City Manager.
(3) The City Council may by resolution provide for pay plans other than the basic pay plan.
(4) Annual Pay Schedules.
(a) Full-Time and Regular Part-Time Nonrepresented Pay Schedules. The actual dollar amounts contained in pay plans are designated the “annual pay schedules.” The annual pay schedule for regular full-time and regular part-time nonrepresented employees shall be established by resolution of the City Council. Such resolution shall establish the annual pay schedule and the period of time (not to exceed three years) during which the schedule shall be effective. The annual pay schedule may not be decreased during the stated schedule period and the stated schedule period may not be diminished; provided, however, nothing contained in this section shall prevent the City Council from increasing the annual pay schedule amounts during the schedule period; and provided further, that the scheduled amounts and/or period stated in the annual pay schedule may be decreased by the City Council upon the affirmative vote by secret ballot of two-thirds of the total number of regular, full-time nonunion employees. The City Manager shall, within 30 days of adoption or modification of the annual pay schedule, execute the terms of such resolution.
(b) Extra-Hire Pay Schedule. The annual pay schedule for extra-hire employees shall be established and implemented by the City Manager.
(c) Labor Union Pay Schedule. For employees represented by a labor union, the existing annual pay schedule may be modified only as provided in any current and valid collective bargaining agreement or memorandum of understanding. [Ord. 1689 § 3, 2017: Ord. 1484 § 3, 2010: Ord. 1178 § 1, 1996; Ord. 1135 § 2(3)(part), 1995; Ord. 949 §1, 1992: Ord. 822 §1, 1989: Ord. 790 §2, 1989. Formerly 2.72.020.]
2.12.030 Pay plan administration.
The City Manager is authorized to adopt rules and regulations for implementation and administration of the basic pay plan and other pay plans. Such authority shall include the authority to place job positions in the basic, extra-hire, or other pay plans at appropriate range-grades and to reclassify positions; provided, that the Director of Finance certifies that sufficient funds are available for such purposes. [Ord. 1689 § 4, 2017: Ord. 1484 § 4, 2010: Ord. 1135 § 2(3)(part), 1995; Ord. 822 § 2, 1989: Ord. 790 § 3, 1989. Formerly 2.72.030.]
2.12.040 Holidays.
(1) City employees shall be entitled to paid holidays as identified in the city personnel manual or CBAs as currently written or subsequently amended.
(2) Any holiday falling on a Sunday shall be observed on the following Monday and any holiday falling on Saturday shall be observed the preceding Friday.
(3) The city manager shall have the authority to administer holidays for part-time employees, floating holidays, and holiday overtime schedules as specified in the city personnel manual. [Ord. 1557 § 2, 2012: Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 4, 1989. Formerly 2.72.040.]
2.12.050 Vacations.
Annual paid vacations shall be granted to all full-time employees and, on a pro rata basis, to part-time employees. Paid vacation shall be granted in accordance with the city of Des Moines personnel manual and collective bargaining agreements.
As compensation for a minimum 42-hour work week, department directors are granted an added eight hours per quarter-year vacation time. For purposes of vacation taken, a week shall consist of 40 hours for department directors. [Ord. 1557 § 3, 2012: Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 5, 1989. Formerly 2.72.050.]
2.12.060 Sick leave.
All full-time employees shall accrue sick leave benefits at the rate of one working day for each calendar month of continuous employment. Regular part-time employees shall accrue sick leave benefits on a pro rata basis according to the city personnel manual and to hours worked. [Ord. 1557 § 4, 2012: Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 6, 1989. Formerly 2.72.060.]
2.12.065 Shared leave.
The city manager is authorized and directed to adopt personnel policies and regulations which will permit voluntary transfer of accrued sick leave from one city employee to another. [Ord. 1135 § 2(3)(part), 1995; Ord. 921 § 1, 1991. Formerly 2.72.065.]
2.12.070 State retirement system.
City employees are required to participate in either the state’s Public Employee’s Retirement System (PERS) or the Law Enforcement Officers’ and Fire Fighter’s Retirement System (LEOFF) as long as their compensated hours continue to qualify them for service credit under the appropriate plan. Under terms of state law the city manager has the option of participating in PERS or withdrawing. [Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 7, 1989. Formerly 2.72.070.]
2.12.080 Health and welfare plans.
Employees who qualify under the city personnel manual are eligible to participate in the city’s health insurance programs as identified in the city personnel manual. [Ord. 1557 § 5, 2012: Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 8, 1989. Formerly 2.72.080.]
2.12.090 Other retirement.
In lieu of Social Security, eligible regular employees shall be covered under a qualified retirement plan chosen by the City and its employees. The City shall contribute a percentage of employee salary negotiated with City employee groups, which amount shall not exceed the then-current employer Social Security rate less a percentage amount necessary to purchase a benefit plan to replace Social Security death and disability benefits. To be eligible for this program, employees must be appointed to a regular position of 30 hours per week or more. The employer contribution rate may be modified by City Council resolution, when such change is not in violation of an employee agreement. [Ord. 1689 § 5, 2017: Ord. 1557 § 6, 2012: Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 9, 1989. Formerly 2.72.090.]
2.12.100 Authority to promulgate personnel policies and regulations.
The city manager is authorized to promulgate and implement all other personnel rules, administrative policies, manuals, or directives including, but not limited to, those necessary to implement the provisions of this chapter. [Ord. 1135 § 2(3)(part), 1995; Ord. 790 § 10, 1989. Formerly 2.72.100.]
2.12.110 Fair employment policy.
(1) Fair Employment Policy Established. It is the policy of the city of Des Moines to promote and afford equal treatment and employment practices to its employees and applicants for employment and to assure equal employment opportunity based upon ability and fitness of any person regardless of sex, age (except minimum age and retirement provisions), race, creed, national origin, sexual orientation, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment.
(2) Application of Policy. This policy shall apply only to the following: hiring, employment, work assignments, layoff or termination, rates of pay or compensation, and selection for training, with respect to any employee of, or applicant for employment with, the city of Des Moines.
(3) Compliance with Initiative 200. This policy shall be read and implemented consistent with the provisions of Initiative 200, now codified as RCW 49.60.400.
(4) Direction to Implement Policy. Consistent with DMMC 2.12.100, the city manager is directed to modify or implement personnel rules to effectuate the policy established by this section. [Ord. 1279 §§ 1, 2, 2001.]
2.12.120 Benefit coverage.
(1) Effective Through May 31, 2013. In compliance with DMMC 2.12.110, the city will provide benefit coverage through May 31, 2013, or as provided in executive order, to domestic partners of the same and opposite gender and dependent children on the same basis as provided to spouses and dependent children.
(2) Effective June 1, 2013. In compliance with DMMC 2.12.110, the city will provide benefit coverage from June 1, 2013, or as provided in executive order, to state registered domestic partners where at least one partner is at least 62 years of age and their dependent children on the same basis as provided to spouses and dependent children. [Ord. 1557 § 7, 2012: Ord. 1394 § 1, 2006.]
2.12.130 Eligibility.
Eligibility for domestic partnership status is established by the presentation of an affidavit of domestic partnership meeting the definition of domestic partner as defined in this chapter and that the domestic partnership has existed for a minimum of one year. [Ord. 1557 § 8, 2012: Ord. 1394 § 2, 2006.]
Prior legislation: Ords. 25, 211, 282, 294, 324, 393, 472, 510, and 538.