Chapter 3.10 POLICY AND PROCEDURE MANUAL

The District policy and procedure manual is designed to facilitate implementation of resolutions initiated by the Board of Commissioners and to provide the District staff with a guide to the day-to-day operation of the District.

Publication of these written policies is intended to achieve a considerable degree of consistency and uniformity throughout the District by promoting the communication, recognition and understanding of policy administration, procedures and specific operating practices. It is the intent of the District that a common human resource management philosophy apply to all employees, regardless of department or function.

The policies and practices contained in this manual will remain in effect until superseded or canceled by the Board of Commissioners, changes in District operations, new legal requirements or changes in economic conditions.

The Lake Stevens Sewer District desires its employees to completely understand that employment with the District is employment “at will” under the laws of the State of Washington. This means that either party to the relationship may terminate the employment with or without notice and with or without cause. Employment with the Lake Stevens Sewer District will remain at will notwithstanding any other oral or written statements prior to, at, or following an employee’s date of employment.

The Board of Commissioners reserves the right of executive action in the interpretation and application of the provisions of these policies and procedures to specific situations.

This policy and procedure manual is to remain on District premises at all times. [Res. 563 § 1 (Exh. A), 1993.]

3.10.010 Equal employment opportunity – No sexual harassment.

(1) Policy Statement. It is the policy of the District to provide equal opportunity for all applicants for employment regardless of race, color, religion, creed, national origin, age, sex or the presence of any sensory, mental or physical handicap unless based on a bona fide occupational qualification in accordance with the provisions of WAC 162-12-100 and with the Americans with Disabilities Act (ADA). To ensure that we have the most efficient employee recruitment, selection and appointment procedures possible, discriminatory practices in any form cannot be condoned. The full cooperation of the Superintendent and employees is necessary to make certain that we remain in fact, as well as policy, an equal opportunity employer.

(2) Procedure.

(a) Job Posting. In the event that a job vacancy cannot be filled by the promotion of an employee presently working in the functional area or the lateral transfer of an employee presently working in the functional area of any other District department, the job shall be posted in accordance with subsection (2)(b) of this section.

(b) Job Notices. All job notices must be submitted to the Superintendent or designee for review and approval prior to any posting or advertising of the position vacancy. The following information shall be included in the job vacancy notice:

(i) Title of position.

(ii) Brief description of job.

(iii) Specific qualifications required.

(iv) The selection process (e.g., written tests, oral interview or other means).

(v) Where to apply.

(vi) Salary range.

(vii) Promotional possibilities, if applicable.

(viii) Closing date for application.

(ix) “Lake Stevens Sewer District is an Equal Opportunity Employer – M/F/H.”

All job opening notices shall be posted in all appropriate District locations. Notices shall be posted a minimum of 14 working days prior to closing date for applications. Current District employees who apply shall receive first consideration for position vacancies.

The “Equal Opportunity Employer – M/F/H” shall be included in all employment advertising.

(c) Application for Employment. The District “application for employment” form shall continue to be in conformance with all State and Federal laws pertaining to preemployment inquiries.

(i) The procedure for processing applicants for employment, including selection procedures, shall be in such manner as to ensure compliance with equal opportunity employment/affirmative action regulations and the ADA.

(ii) All application forms must be fully completed, signed and dated by the applicant to be valid.

(iii) No question on any application form or question asked by an interviewer shall be so framed as to attempt to elicit information concerning race, color, creed, age, sex, marital status, national origin, religious or political affiliation, or the presence of any sensory, mental or physical handicap unless based upon a bona fide occupational qualification.

(iv) All statements submitted on the employment application or attached resume shall be subject to investigation and verification prior to appointment. Falsification of employment information may be grounds for subsequent dismissal.

(d) Appointment. All appointments to vacancies shall be made solely on the basis of merit, efficiency and fitness. These qualities shall be determined through careful and impartial evaluation of the following:

(i) The applicant’s level of training and education relative to the requirements of the position;

(ii) The applicant’s physical fitness relative to the requirements of the position for which applied, consistent with the reasonable accommodation requirements of State and Federal regulations;

(iii) The results of an oral interview(s);

(iv) The results of written or practical examination when deemed advisable by the Superintendent providing all applicants for the particular vacancy receive such written or practical examination; and

(v) Satisfactory reference information as applicable.

(e) Appointments to District employment on other than a full-time regular basis shall be considered part-time or temporary in accordance with LSSDC 3.10.020, Status of employees. Such part-time appointments shall be allowed as follows:

(i) As substitution for a regular appointee who is absent, provided sufficient funds have been previously authorized and budgeted for this purpose.

(ii) When it is impossible to make a regular appointment to the position due to recruitment difficulties.

(iii) Where budget appropriations provide only for part-time or temporary employment.

(iv) Temporary appointments shall normally not exceed six consecutive months in duration unless approved in advance by the Superintendent.

(f) The District shall maintain complete records regarding all new hires consistent with immigration laws and other legal requirements. Information to be retained includes: all applications and resumes, documented testing results, documented review and interview processes, documented justification on hiring of the individual, proof of citizenship and/or eligibility to work in the United States of America.

(3) Offers of Employment.

(a) All offers of employment shall be made in writing and approved by the Superintendent.

(b) Offer of employment letters shall contain the following information:

(i) Starting salary expressed as an hourly or monthly amount. Annual salary amounts shall not be stated.

(ii) Provision for the applicant to acknowledge acceptance of the offer of employment.

(iii) Job site, name of department and Superintendent.

(iv) Length of initial evaluation period.

(v) Scheduled performance reviews.

(vi) The following statement:

Please understand that this offer of employment is not to be construed as an employment contract or employment agreement of any kind, nor is it to be interpreted as a covenant of employment. You may terminate your employment or the District may terminate your employment at any time.

(vii) A copy of the appropriate job description (if it is an established job classification) shall be attached to each offer of employment.

(4) Evaluation Period.

(a) All new employees are hired on an initial evaluation or probation basis, normally for six months as calculated from date of employment. Under certain circumstances, this period may be extended. Either party may terminate the association without prejudice during the initial evaluation period.

(b) All employees who are promoted to a higher classified position or who assume the duties of a lower classified position will be in a six-month evaluation or probationary period for purposes of establishing their suitability for the new position. This will not affect vacation, holiday or sick leave accrual.

(5) No Sexual Harassment.

(a) It is the policy of the District that all employees are responsible for assuring that the workplace is free from sexual harassment. Because of the District’s strong disapproval of offensive or inappropriate sexual behavior at work, all employees must avoid any action or conduct that could be viewed as sexual harassment, including:

(i) Unwelcome sexual advances;

(ii) Requests for sexual acts or favors;

(iii) Other verbal or physical conduct of a harassing nature.

(b) Any employee who has a complaint of sexual harassment at work by anyone, including supervisors, co-workers, citizens or visitors, must bring the problem to the attention of responsible District officials. If the complaint involves someone in the employee’s direct line of supervision, then the employee may go to the Superintendent or Board of Commissioners directly with the complaint. All complaints will be dealt with promptly and appropriately. Special privacy safeguards will be applied in handling sexual harassment complaints. All employees should be aware that the privacy of the charging party and the accused will be kept strictly confidential.

(c) The District will retain confidential documents of all allegations and investigations and will take appropriate corrective action, including disciplinary measures when justified, to remedy all violations of this policy.

(6) Administration. The Superintendent shall be responsible for the administration of the equal employment opportunity/no sexual harassment policy and procedure. [Res. 563 § 1 (Exh. A § 1-1), 1993.]

3.10.020 Status of employees.

(1) Policy Statement. The purpose of this policy is to establish and define the employment status of District employees (exempt and nonexempt) as defined by Chapter 49.46 RCW and applicable provisions of the Federal Fair Labor Standards Act (FLSA).

Note: See LSSDC 3.10.030(3) for discussion of the terms “exempt” and “nonexempt” under FLSA.

(2) Definitions.

“Regular full-time employee” means an employee working a regular schedule of 40 hours per week.

“Part-time employee” means an employee working a schedule of less than 40 hours per week.

“Temporary employee” means an employee working a full- or part-time schedule for a specified project or period of weeks or months.

(3) Basic Provisions.

(a) Regular full-time employees and part-time employees working 20 hours or more on a regular schedule are eligible to participate in the District sponsored group insurance plans and other benefit programs in accordance with established policies and procedures pertaining to such programs.

(b) Other part-time and temporary employees are not eligible to participate in District sponsored group insurance plans or other benefit programs except those to which they are entitled by law, i.e., workers’ compensation and provisions of the Washington State Wage Act.

(c) An employee on temporary status for six or more consecutive months may be considered for participation in benefit programs by the Superintendent. Such action shall be considered as an exception to normal District policy. (See LSSDC 3.10.010(2)(e).)

(d) Employees reclassified from temporary or part-time to regular full-time status shall:

(i) Retain their original date of continuous service;

(ii) Accrue participation in holiday, sick leave, vacation and related District benefit programs from date of reclassification; and

(iii) Be eligible to participate in the District sponsored group insurance plans in accordance with established policies pertaining to such plans.

(iv) Temporary employees, at such time as their position terminates, will be notified of openings as they occur for a period of six months.

(4) Terminations.

(a) Employees who are retiring or otherwise leaving the service of the District are required to give two weeks’ notice of their intent.

(b) The Commissioners of the District delegate to the Superintendent the authority to terminate nonexempt employees of the District. When a nonexempt employee is terminated, the nonexempt employee will be given such notice as the Superintendent deems reasonable under the circumstances leading to the termination. With regard to exempt employees, the Board of Commissioners reserves the right to hire and terminate said exempt employees. For exempt employees other than the Superintendent, the Superintendent shall provide the Board of Sewer Commissioners with a recommendation with respect to hiring and/or termination of other exempt employees.

(c) Such employees should consult with the Utilities Accounting Specialist (Payables), who will assist them with computing retirement benefits and group insurance continuation (COBRA) if applicable. [Amended during 2014 recodification; Res. 615 § 2, 1996; Res. 563 § 1 (Exh. A § 1-2), 1993.]

3.10.030 Hours of work and overtime/compensating time and call-back.

(1) Policy Statement. It is the policy of the District to maintain employee work schedules and overtime/compensating time off practices as necessary to ensure the timely delivery of District services to the public within budget limitations.

(2) Normal Full-Time Workday/Workweek.

(a) The normal full-time workday shall consist of eight hours, excluding the normal unpaid lunch period.

The normal full-time workweek shall consist of 40 hours in five consecutive days.

(b) Note: Other work schedules may be established based on operating requirements of the District. The normal workweek begins at 12:01 a.m. Sunday and ends at 12:00 midnight the following Saturday.

(3) Overtime and Compensating Time Off – Federal Fair Labor Standards Act (FLSA) Exemptions.

(a) Consistent with the applicable provisions of the Fair Labor Standards Act (FLSA), each job classification of the District has been designated exempt or nonexempt from the overtime provisions of FLSA based on scope and level of actual work performed and job responsibilities.

(b) Definition of District exempt and nonexempt (FLSA) job classifications is as follows:

(i) Superintendent: exempt.

(ii) All others: nonexempt.

(i) Employees Assigned to Nonexempt Job Classifications. All work assigned and authorized in advance by the Superintendent in excess of 40 hours per week shall be paid at one and one-half times the employee’s straight-time rate of pay, or the employee may request to take compensating time off at one and one-half times the actual overtime hours worked in lieu of overtime pay. Such compensating time off shall be scheduled with the approval of the Superintendent, normally within the next regular calendar monthly pay period. In the event such compensating time off cannot be so scheduled, the employee shall be paid for the overtime as specified above. Note: Nonexempt employees may accrue up to a maximum of 40 hours of compensatory time. Any hours accrued in excess of said 40 shall be paid in accordance with this subsection (3)(c)(i).

(ii) Employees Assigned to Exempt Job Classifications. The FLSA does not require employees assigned to exempt job classifications be paid overtime or receive compensating time off. However, the District recognizes that exempt employees may incur irregular and excessive work hours due to special projects, unusual evening meetings and emergency situations. Exempt employees may be granted time off during regular work hours in recognition of such situations. (Note: This provision is not to be interpreted nor applied as one hour off for each one hour of extra time beyond the normal work schedule.)

(4) Rest/Relief Periods.

(a) Regular and temporary full-time exempt and nonexempt employees shall normally receive a maximum of two 15-minute paid rest/relief periods in each day’s work schedule except in cases of emergency which prevent the taking of such rest/relief periods. Rest periods shall occur approximately midway during each of the first and second half of the workday, scheduled so that service to the public will not be impaired. Such rest/relief periods shall not be added to the normal lunch period or taken at the end of a workday.

(b) Part-time exempt and nonexempt employees shall receive one 15-minute rest/relief period for each four consecutive hours worked, to be observed approximately midway of each four-hour work period. Such relief period time shall not be normally added to or taken at the end of a workday.

(c) Rest/relief periods are to be taken at the job site or in a designated office area, or as otherwise approved by the Superintendent.

(5) Emergency Situations.

(a) “Emergency” is defined as any condition which is beyond the control of the District as declared by the Superintendent or designee such as, but not limited to, severe inclement weather, earthquakes, explosions, and major fires. (This is an illustrative list.) This section does not pertain to emergency operational situations which may occur at the treatment plant.

(b) Employees who are unable to report for work or are released from work during the first day of an emergency situation shall be paid for the day at their regular straight-time rate of pay.

(c) Employees who are unable to report to work due to an emergency situation on the second day or after, as defined above, will be given the opportunity to make up the time, or may charge the time of such absences as follows:

(i) Accrued compensatory time;

(ii) Any accrued vacation leave;

(iii) Earned floating holiday;

(iv) Any accrued sick leave up to a maximum of three days in any one calendar year;

(v) Leave without pay.

(d) Although the types of compensated time off shall be used in the order listed in subsection (5)(c) of this section, and each type of compensated time off shall be exhausted before the next is utilized, employees shall be permitted to use leave without pay rather than compensated time off at their request.

(e) In certain extreme emergency situations and at the Superintendent’s sole discretion, employees required to report for work shall be compensated at one and one-half times their regular straight-time rate of pay.

Note: Under actual or potential “emergency” condition, employees are to call (206) 334-8588 as soon as possible on the day(s) in question to determine the operating routine of the District for that day.

(6) On-Call Procedure.

(a) On-Call Schedule.

(i) The Superintendent or Lead Worker shall prepare and post for employees an on-call schedule specifying the date, hours of on-call status and employee name on a quarterly calendar basis. The on-call schedule for subsequent quarters shall be posted not less than one calendar month prior to the effective date of the new schedule.

(ii) Employees may trade assigned on-call shifts with other employees with prior notification to the Superintendent. Such trades shall be for not less than a complete on-call shift.

(iii) In the event of a personal emergency that precludes the on-call employee’s ability to respond, the employee must notify the Superintendent or Lead Worker or another employee immediately to ensure the District’s ability to respond to emergencies.

(iv) Designated on-call employees shall maintain not more than a 45-minute response time while on standby assignment.

(b) On-Call Hours.

(i) Weekdays. On-call duty hours shall be from 4:00 p.m. to 8:00 a.m.

(ii) Weekends. On-call duty hours shall be from 4:00 p.m. on Friday through 8:00 a.m. the following Monday.

(iii) Holidays. On-call duty hours for a holiday observed by the District on a Friday or Monday shall be assigned to the designated weekend on-call employee. Holidays observed on a weekday shall be from 4:00 p.m. on the last regular work day preceding the holiday through 8:00 a.m. of the first regular work day following the holiday. Midweek holidays will be assigned to the employee who is scheduled for the following weekend.

(i) In the event of an abnormal operating condition, the reporting party or the District’s telemetry system will contact the Dispatch Center, who will contact the on-call employee’s pager or home telephone.

(ii) The on-call employee, in case of receiving such report, is to telephone the reporting party and determine the problem.

(iii) The employee shall respond to the emergency and resolve the situation by every reasonable and safe means available.

(iv) If necessary, the on-call employee shall then call the Superintendent or the Lead Worker to determine if they are aware of the situation and to request instructions, if required.

(v) In the event the Superintendent or Lead Worker or another employee is not available to respond to assist in an actual or potential emergency situation, the on-call employee shall contact the following individuals/agencies for assistance as follows:

Lake Stevens Police Department

2211 Grade Road

Lake Stevens, WA 98258

Snohomish County Sheriff North Precinct

15100 40th Avenue NE

Marysville, WA 98271-8905

(425) 388-3393

Snohomish County Health Department

3020 Rucker Avenue

Everett, WA 98201

(425) 339-5200

(425) 339-5295 (After Hours)

Snohomish County Prosecutor’s Office

2918 Colby

Everett, WA 98201

(425) 388-6330

Snohomish County Emergency Services

3509 109th Street SW

Everett, WA 98204

(425) 388-5060

Washington State Patrol

General Administration Building

PO Box 42600

Olympia, WA 98504-2600

(360) 753-6540

Washington Attorney General’s Office

Fair Practices Division

2000 Bank of California Center

900 4th Avenue

Seattle, WA

(206) 464-6684

Washington Auditor’s Office

Legislative Building

PO Box 40021

Olympia, WA 98504-0021

(206) 753-5280

Washington Department of Ecology

3190 160th SE

Bellevue, WA 98008-5852

(206) 649-7000

Washington Human Rights Commission

402 Evergreen Plaza Building, FJ-41

711 South Capitol Way

Olympia, WA 98504-2490

(800) 233-3247

Washington Department of Labor and Industries

300 West Harrison, Room 201

Seattle, WA

(206) 281-5400

Washington Department of Natural Resources

PO Box 68

Enumclaw, WA 98022

(206) 825-1631

Puget Sound Water Quality Authority

PO Box 40900

Olympia, WA 98504

(206) 493-9300

Environmental Protection Agency

Criminal Investigations

1200 6th Avenue

Seattle, WA

(206) 553-8306

Equal Employment Opportunity Commission

2815 2nd Avenue, Suite 500

Seattle, WA 98178

(206) 553-0968

Federal Emergency Management Agency

130 228th Street SW

Bothell, WA

(206) 487-4600

U.S. Department of Labor

Occupational Safety and Health

1111 3rd Avenue, Suite 715

Seattle, WA 98101-3212

(206) 553-5930

National Transportation Safety Board

19518 Pacific Highway South

Seattle, WA

(206) 764-3782

U.S. Department of Transportation

Office of Inspector General

915 2nd Avenue

Seattle, WA 98178

(206) 553-5720

(d) On-Call Compensation.

(i) Weekdays. In the event an on-call employee is required to respond and report to an emergency situation, the employee shall be compensated a minimum of two hours at one and one-half the employee’s straight-time rate of pay or for the actual duration of the emergency, whichever is greater. Such time shall be calculated on a portal-to-portal basis (i.e., from home to emergency scene to home).

(ii) Weekends and Holidays.

(A) Employees scheduled for on-call duty on weekends and/or holidays shall be compensated a minimum of two and one-half hours at one and one-half times the employee’s straight-time rate of pay for each full day served on standby status. Employees shall report to the Superintendent to accomplish the recording of sewer system flaws each day.

(B) In the event of an emergency response on a weekend or holiday, the employee shall be compensated a minimum of two hours at one and one-half the employee’s straight rate of pay (portal to portal) in addition to the compensation specified in subsection (3)(c)(i) of this section. On certain holidays, double time is received. These holidays are New Year’s Day, July 4th, Thanksgiving and Christmas Day.

(iii) In lieu of overtime pay, an employee may request compensatory time for on-call hours, as described in this section.

(7) Administration. The Superintendent shall be responsible for the administration of the hours of work and overtime/compensating time and call-back policy and procedure. [Amended during 2014 recodification; Res. 563 § 1 (Exh. A § 1-3), 1993.]

3.10.040 Employment of relatives.

(1) Policy Statement. It is the policy of the District as a political subdivision of the State of Washington to define the circumstances under which a “relative” of an employee, a member of the Board of Commissioners, or the Superintendent may not be employed by the District due to conditions of “business necessity.”

(2) Definitions and Conditions.

(a) A “relative” is defined as a spouse, parent, child, brother, sister, guardian, or any person residing with or legally dependent upon an employee, Board of Commissioners member or the Superintendent.

(b) “Business necessity” is defined in accordance with WAC 162-16-150, as those circumstances where the District’s actions are based upon a compelling and essential need to avoid business-related conflicts of interest, or to avoid the reality or appearance of improper influence or favor.

(3) Administrative Provisions.

(a) Relatives as defined in subsection (2)(a) of this section may not be employed under the following situations of business necessity:

(i) Where one relative would have the authority to supervise, direct or make effective recommendations pertaining to salary level, promotion, transfer, discipline and related employment conditions of the other.

(ii) Where one relative would be responsible for auditing the work of the other.

(iii) Where other circumstances would place the relatives in a situation of actual or reasonably foreseeable conflict between the interests of the District and their own.

(b) Where situations of “business necessity” require the exclusion of relatives, such as the marriage of two employees, effort shall be made to resolve the situation by transfer of either employee. In the event a transfer cannot be arranged, one of the relatives shall terminate employment within 90 calendar days with the decision as to which relative shall terminate being made by the individuals involved following consultation with the Superintendent.

(4) Administration. The Superintendent shall be responsible for the administration of the employment of relatives policy and procedure. [Res. 563 § 1 (Exh. A § 1-4), 1993.]

3.10.050 Employee classification and salary plan.

(1) Policy Statement. It is the policy of the District to maintain an employee classification and salary plan designed to pay salaries that are equitable internally; that is, salaries which are in a proper relationship of worth to all other jobs within the District. It is also the policy of the District to pay salaries which compare favorably with other similar employers and the local area for comparable jobs within budget limitations and with full consideration for the public it serves.

The necessity of changing an employee’s assigned job classification, modifying the content of a job description, updating salary ranges or other elements of the plan will arise due to the assumption of new District services, the expansion or contraction of existing services and changes in the salary levels for comparable positions in other similar employers and the local area.

The application of the plan will be reviewed continually to verify the adequacy of job descriptions, the proper allocation of the jobs to the appropriate salary ranges, and to assure that employees are properly classified and compensated.

The Board of Commissioners shall review the total plan, including the salary structures during the fourth quarter of each calendar year. Consideration shall be given to:

(a) Adjusting the salary structures; and

(b) Granting employees a general salary increase effective the following January 1st based on external market conditions and the District budget.

(2) Definitions and Coverage.

(a) The following words, phrases and terms appearing in the plan have the meanings indicated below:

(i) “Exempt” means executive, administrative and professional position classifications excluded from the provisions of the Federal Fair Labor Standards Act (FLSA), as amended, and the Washington State Wage Act (WSWA), Chapter 49.46 RCW.

(ii) “Nonexempt” means position classifications covered by the provisions of the FLSA and WSWA.

(iii) “Job description” means written statements representing the level of skill and degree of responsibility inherent in the particular job.

(iv) “Salary structure” means a logical and integrated system of salary ranges.

(v) “Salary range” means the evaluated minimum and maximum range of salary established for each position based on a relationship of worth to other positions.

(vi) “Proficiency level” means mathematical subdivisions of levels of each salary range.

(b) Coverage under this plan includes all position classifications established by the District.

(3) Starting Salary. New employees will normally be hired at the minimum of the range for the job or Proficiency Level A. However, with the prior approval of the Superintendent, a new employee may be hired at a salary level above the range minimum or Proficiency Level A but not to exceed Proficiency Level C when experience, training or proven capability warrant, or when employment market conditions require a higher starting salary.

Note: In the event that a starting salary above the range minimum is being considered, a comparison of the proposed salary with the salary(ies) of the present job incumbent(s) must be accomplished prior to any offer of employment to ensure that undue salary compression or salary inversion(s) will not occur.

(4) Proficiency Level Salary Increases.

(a) Progression beyond Proficiency Level A will normally occur according to the following schedule, with the actual increase effective the first of the month coincident with or next following the employee’s date of present classification:


Proficiency Level	Time Increment
B	12 months
C	12 months
D	12 months
E	12 months
F	12 months
G	12 months
H	12 months

Progression to Proficiency Levels G and H shall occur only when the individual has demonstrated a sustained high level of overall work performance as determined by the Superintendent.

In the event a salary increase to Proficiency Levels G and H is not granted, the employee shall receive a salary review at six-month intervals following the date of such action.

(b) In the event that an employee is on “Need for Performance Improvement – Performance Warning Notice” status the date he or she is scheduled to receive a proficiency level salary increase or a salary review as provided by subsection (4)(a) of this section, such salary increase or salary review shall not be implemented until the date the employee is removed from such status. No salary increase shall be payable for any period of time an employee is on “Need for Performance Improvement – Performance Warning Notice.”

(c) Upon promotion to a position of higher salary range, the employee’s future proficiency level increase will occur effective the first month coincident with or next following the date of reclassification.

(d) Employees who are currently above the proficiency level they should be, as determined by length of service requirement, are not eligible for a proficiency level increase until the range has moved up to or above the employee’s actual salary.

(e) Special proficiency level salary increases may be recommended by the Superintendent in the event an employee has maintained an exceptionally sustained high level of overall job performance that should be formally acknowledged with the employee. Such requests require prior approval of the Superintendent.

(5) Certifications.

(a) Employees receiving certificates appropriate to the services of the District shall receive $50.00 per month for each certificate level obtained.

(b) The amount(s) paid for certification are separate from an employee’s base salary and no percentage increases are applied to these amounts.

(6) Employee Reclassifications.

(a) It is the Superintendent’s responsibility to assure that each of his or her employees is properly classified and receiving the proper salary. When an employee is reassigned to and working a majority of the time in a higher, lower, or otherwise different classification than that in which presently classified, an appropriate reclassification action will be initiated by the Superintendent.

(b) Upon promotion to a position of higher salary range, the employee shall receive an increase in salary which is at least one increment higher than currently paid, but not less than the minimum of the new salary range.

Note: The Superintendent must assure the employee will receive a salary which is greater than that which could be received through an imminent performance increase within the position held before promotion. Otherwise, an inequity could easily occur when a promotion is only to the next higher salary range.

(7) Temporary Reassignment – Position of Higher Classification.

(a) It may be necessary to temporarily reassign an employee to a position of higher classification due to the temporary absence of another employee.

(b) In the event an employee is temporarily reassigned to and will actually be performing the total responsibilities of a position of higher classification, the employee shall be paid the first proficiency level of the salary range for the position which represents a salary increase for the employee for the duration of the temporary assignment.

(8) Job Description Changes.

(a) When the duties and responsibilities of any position change significantly, the position description will be revised accordingly and the position reevaluated into the appropriate salary range – up or down.

(b) It is the responsibility of the Superintendent to initiate the appropriate action and to assure that a revised description is prepared and submitted for review and approval by the Board of Commissioners.

(9) Review of Position Classifications. The Superintendent is responsible for reviewing requested reevaluations of existing positions or the establishment of new positions. This responsibility includes evaluating the particular position duties, ranking the position against the established benchmark positions, and assignment of the position to a salary range in the appropriate salary structure. The employees affected will then be appropriately reclassified and adjusted in salary, if applicable.

Note: Benchmark jobs will be reevaluated only after a thorough study and evaluation, and when appropriate survey data indicate that a change is necessary. A review of benchmark jobs against survey data will be accomplished on a periodic basis, normally annually.

(10)(a) General salary adjustments may be granted to employees in the form of a general salary increase effective January 1st of each year.

(b) In addition to any annual salary adjustments described in subsection (10)(a) of this section, an independent outside consultant shall be retained to conduct a salary range analysis in the second half of the third year after the last previous analysis, with the results to be adopted at the start of the fourth year, subject to the District’s ability to fund any such recommended adjustments.

(11) One-time, discretionary fourth quarter salary adjustments may be approved by the Board of Commissioners based on recommendation of the District Manager and/or the Deputy Managers of Administration and Operations. Recommendation of such an adjustment will be based on employees’ satisfactory performance of their job duties as described in their job description. Such adjustments are not guaranteed in advance, and no employee will perform their assigned job with the assumption the fourth quarter pay adjustment is automatically given in return. Any such fourth quarter pay adjustment shall be authorized by vote of approval by the Commissioners in the tenth month of the year, and shall be included as an expense item of the District. Adjustments, if any, will be distributed to the employees in the November payroll.

Employees who terminate their employment with the District prior to the adjustment are not eligible for the pay adjustment. All employees will be in good standing and currently employed with the District in order to qualify for a fourth quarter salary adjustment.

(12) Administrative Provisions. The administration of this plan is the responsibility of the Superintendent as established and authorized by the Board of Commissioners and shall be administered in accordance with the spirit and intent of the employee classification and salary plan. [Res. 841 §§ 1, 2, 2010; Res. 625 § 2, 1997; Res. 591 §§ 1 – 3, 1994; Res. 563 § 1 (Exh. A § 2-1), 1993.]

3.10.060 Employee performance appraisal program.

(1) Policy Statement. The ability of the District to provide quality services to its citizens on a continuous basis is directly related to the effectiveness and continued development of its employees. It is the policy of the District to provide a program to formally appraise the performance of employees at least annually in writing and in accordance with defined, job-related criteria. The program provides for the Superintendent to discuss the evaluation with employees to point out areas in which they excel, areas in which improvement is desired, and ways in which they can increase their value to the District and further their careers.

(2) Initial Performance Appraisal – New Employees.

(a) The work performance of a new regular employee shall be evaluated initially by the Superintendent during the fifth month of continuous employment (prior to the completion of the six-month evaluation period).

(b) The initial performance appraisal is designed for the Superintendent to:

(i) Introduce the new employee to the performance appraisal program;

(ii) Provide an initial evaluation of the employee’s progress and overall work performance since date of hire.

(3) Performance Appraisal – Regular Employees. The work performance of a regular employee shall be appraised by the Superintendent annually during the employee’s anniversary month of continuous employment.

(4) Performance Appraisal Form. The “performance appraisal” form provides defined performance factors to ensure that each employee is evaluated in accordance with the same criteria and to ensure continuity for subsequent performance appraisals. Each factor is subdivided to designated degrees or levels of performance. These levels are defined as follows:

(a) Exceptional. The employee’s performance with respect to a factor is extraordinary, approaching the best possible for the job.

(b) Above Standards. The employee’s performance with respect to a factor is beyond the standards for satisfactory performance for the job.

(c) Satisfactory. The employee’s performance with respect to a factor meets the full job requirements as the job is defined at the time of rating. A “satisfactory” rating means good performance.

(d) Below Standards. The employee’s performance with respect to a factor is below the standards for the job and must improve to be normal.

(e) Marginal. The employee’s performance with respect to a factor is deficient enough to justify release from the present job unless immediate improvement is made.

(5) Procedure for Preparing a Performance Appraisal Form.

(a) Preparation by the Superintendent Prior to Completing the Review Form.

(i) Think of the employee’s job in terms of the duties and requirements of that position;

(ii) Think of the employee’s actual job performance in relation to the requirements of the position.

(b) Completing the Review Form.

(i) Check the degree of performance in each factor which most closely fits your evaluation;

(ii) Write your statements under each factor to amplify your evaluation. Convey your comments in a meaningful, direct and personalized manner;

(iii) The summary section should be used to:

(A) Indicate a summary of the employee’s overall job performance;

(B) Denote the factors which are most important to the job concerned;

(D) Outline specific ways the employee may improve job performance;

(E) List a brief description of the major activities performed during the review period.

(6) Employee/Superintendent Conference.

(a) A private conference is to be held between the employee and Superintendent following completion. The entire performance appraisal program is only as effective as the employee/Superintendent conference.

(b) The objective of increasing an employee’s performance and effectiveness is dependent upon a properly conducted performance appraisal conference. It is to be accomplished in a sincere and frank manner to ensure the employee knows what is expected, what the Superintendent’s standards are for the position, and what the employee’s performance has been in relation to those standards.

(c) Employees are to acknowledge that the performance appraisal has been discussed with them by signing the form in the space provided.

(d) The employee may prepare and attach optional comments pertaining to the performance appraisal if desired.

(e) The completed performance appraisal will be filed in the employee’s personnel file.

(f) Employees may receive a copy of their performance appraisal form if they so desire.

(7) Special Performance Reviews.

(a) With prior approval of the Superintendent, special performance reviews may be initiated by a superintendent between normally scheduled performance reviews in the event an employee has maintained an exceptionally high level of overall job performance that should be formally acknowledged with the employee.

(b) It is most desirable that any special performance reviews occur approximately midway between the employee’s annual performance reviews.

(8) Inadequate Job Performance – Corrective Action Plan.

(a) In the event that any element of an employee’s job performance becomes below standard or marginal, the Superintendent shall initiate and implement a corrective action plan (CAP).

(b) Any CAP shall be formulated at the discretion of the Superintendent based on conditions unique to the instant situation. Generally, the following steps will be followed by the Superintendent:

(i) Define the situation in writing in order to clarify the specific problem (i.e., unacceptable attitude, suspected substance abuse, inadequate attendance, etc.), including dates of occurrence;

(ii) Prepare a written action plan that facilitates:

(A) Confronting the employee with the problem,

(B) Asking the employee his or her perspectives of the situation; and

(iii) Arrive at a CAP with the employee that specifies what the employee must accomplish and when, in order to meet the required job performance standard.

(iv) For example, an unacceptable attitude problem can sometimes be traced to issues of child care or major illness in the individual’s family. Both examples may take a few days or a week to be brought under control. The above examples are not all-inclusive, for each situation must be handled on a case-by-case basis, requiring a separate and distinct CAP.

(c) In the event the implementation of a CAP does not correct the instant situation, or in the event of a very serious offense, the Superintendent may proceed under LSSDC 3.10.090, Rules, practices and progressive corrective action, to achieve resolution or, at the Superintendent’s discretion, the employment relationship may be terminated.

(9) Administration. The Superintendent shall be responsible for the administration of the employee performance appraisal program. [Res. 563 § 1 (Exh. A § 2-2), 1993.]

3.10.070 Employee fair treatment.

(1) Policy Statement. The District recognizes that at one time or another employees may become concerned about their work situation. Most often these situations are short-lived and quickly resolved, but a situation may arise when a minor difficulty swells into a major problem, particularly when the situation is not brought out in the open and discussed in a frank, open and timely manner.

It is the policy of the District to (a) encourage maximum communication between employees and the Superintendent to ensure prompt and fair resolution of any question which may arise, (b) provide for a review of the question as appropriate by the Superintendent, and (c) provide assurance to employees that they are free to express themselves in a businesslike manner and without prejudice.

(2) Fair Treatment Procedure. The following procedure is available to employees at any time:

(a) Phase 1. Employees are to see the Superintendent. The Superintendent is responsible for assuring the employee receives fair treatment. The question should be discussed honestly and sincerely, and every effort should be made by both the employee and the Superintendent to give the question proper consideration leading to a satisfactory solution. In most cases, the question will be resolved at this phase.

(b) Phase 2. Should Phase 1 be impractical or the results do not resolve the question to the employee’s satisfaction, with prior notification to the Superintendent, the employee may take up the problem with the Board of Commissioners.

The question should be carried through either Phase 1 or Phase 2 normally in one week. If that is not practical, the Superintendent will make every reasonable effort to resolve the question as soon as possible, and the employee informed as to how it has or will be handled.

The objective of the fair treatment procedure is to maintain mutual understanding, respect and cooperation, so that employees may work to the best of their ability.

(3) Administration. The Superintendent shall be responsible for the administration of the employee fair treatment policy and procedure. [Res. 563 § 1 (Exh. A § 2-3), 1993.]

3.10.080 Whistleblower protection.

(1) Policy Statement. In accordance with RCW Title 44, it is the policy of the Lake Stevens Sewer District that employers should be encouraged to disclose, to the extent not expressly prohibited by law, improper action of District officials and employees. It is further the policy of the Lake Stevens Sewer District that no employee will be retaliated against for providing such information in good faith and in accordance with the provisions of the RCW.

Note: Employees who are considering disclosing information under the provisions of RCW Title 44 are advised to obtain and study a copy of the chapter.

(2) Definitions.

(a) “Improper governmental action” means any action by a District official or employee:

(i) That is undertaken in the performance of the official’s or employee’s duties, whether or not the action is within the scope of the employee’s employment; and

(ii) That is 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.

(iii) “Improper governmental action” does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining action that may be taken under Chapter 41.08, 41.12, 41.14, 41.56, 41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.

(b) “Retaliation” means any adverse change in a local government employee’s employment status, or the term and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal, or any other disciplinary action.

(3) Procedure.

(a) Except in the case of an emergency as defined in subsection (2)(c) of this section, before an employee provides information of an improper governmental action, as defined in subsection (2)(a) of this section, to a person or entity who is not an official of the District or a person listed in subsection (3)(d) of this section, the employee shall submit a written report to the Superintendent and/or the Board of Commissioners.

The report shall contain the following detailed information regarding the allegation of an improper governmental action:

(i) Nature of the improper action.

(ii) Names of officials/employees committing the improper actions.

(iii) Specific dates and times of the improper action.

(b) The identity of any employee who submits such a report shall be kept confidential to the extent possible under law, unless the employee waives such confidentiality in writing.

(c) Upon receipt of a report of improper governmental action, the Superintendent and/or the Commissioner or designee shall conduct an investigation into the matter and report back in writing to the employee within a reasonable period of time.

(d) After following the procedure in subsection (3)(a) of this section, or in the case of an emergency, the employee, under the RCW, has the right to report the alleged improper governmental action to any of the following:

Snohomish County

Snohomish County Health District

Environment, Environmental Health, Illegal Dumping

Snohomish County Courthouse

Everett, WA 98201

206/339-5250

Snohomish County Prosecuting Attorney

Snohomish County Courthouse

Everett, WA 98201

206/339-3333

Puget Sound Air Pollution Control

1-800-552-3565

State of Washington

Attorney General’s Office

Fair Practices Division

2000 Bank of California Center

900 Fourth Avenue

Seattle, WA

206/464-6684

State Auditor’s Office

Legislative Building

PO Box 40021

Olympia, WA 98504-0021

206/753-5280

State Department of Ecology

3190 160th SE

Bellevue, WA 98008-5852

206/649-7000

Human Rights Commission

402 Evergreen Plaza Building, FJ-41

711 South Capitol Way

Olympia, WA 98504-2490

State Department of Health

Health Consumer Assistance

PO Box 4789

Olympia, WA 98504-2490

1-800-525-0127

Department of Labor and Industries

300 West Harrison, Room 201

Seattle, WA

206/281-5400

State Liquor Control Board

Enforcement Office

2101 Sixth Avenue

Seattle, WA

206/464-6094

Department of Natural Resources

PO Box 68

Enumclaw, WA 98022

206/825-1631

Puget Sound Water Quality Authority

PO Box 40900

Olympia, WA 98054

206/493-9300

Department of Social and Health Services

Special Investigation Office

5200 Southcenter Blvd., Suite 23

Tukwila, WA

206/764-4048

Fraud Complaints: 206/562-6025

United States

Department of Agriculture

Office of Inspector General

915 Second Avenue

Seattle, WA

Supervisor Auditor

206/553-8290

Supervisor Special Agent Investigation

206/553-8286

Alcohol, Tobacco and Firearms

Criminal Enforcement

915 Second Avenue

Seattle, WA

206/553-4485

U.S. Attorney

800 Fifth Avenue

Seattle, WA

206/553-7970

Department of Commerce

Office of Inspector General

Office of Audits

915 Second Avenue

Seattle, WA

206/553-0801

Governments Account Office

Fraud Hot Line: 1-800-424-5454

Consumer Product Safety Commission

Hot Line

1-800-638-2772

U.S. Customs Service

Office of Enforcement

909 First Avenue

Seattle, WA

206/553-7531

U.S. Department of Education

Office of Inspector General

915 Second Avenue

Seattle, WA

Audits: 206/553-0657

Investigations: 206/553-1482

Environmental Protection Agency

Criminal Investigations

1200 Sixth Avenue

Seattle, WA

206/553-8306

Equal Employment Opportunity Commission

2815 Second Avenue, Suite 500

Seattle, WA

206/553-0968

Federal Emergency Management Agency

130 228th Street SW

Bothell, WA

206/487-4600

Federal Trade Commission

915 Second Avenue

Seattle, WA

206/553-4656

General Services Administration

915 Second Avenue

Seattle, WA

Audits: 206/931-7650

Law Enforcement: 206/553-0290

Investigations: 206/931-7654

Department of Health and Human Services

Food and Drug Administration

22201 23rd Drive SE

Bothell, WA

Trade Complaints: 206/483-4949

Office of Regional Secretary

General Counsel’s Office, Inspector General

Audits: 206/553-0452

Investigations: 206/553-1482

Department of Housing and Urban Development

Office of Counsel

1321 Second Avenue

Seattle, WA

Office of Inspector General

Audits: 206/553-0270

Investigations: 206/553-0270

Interstate Commerce Commission

915 Second Avenue, Room 1894

Seattle, WA 98174

206/553-5421

Department of Interior

U.S. Fish and Wildlife Services

Division of Law Enforcement

121 107th NE

Bellevue, WA

206/553-5543

Department of Justice

Drug Enforcement Administration

220 West Mercer, Suite 300

Seattle, WA

206/553-5443

Department of Labor

Occupational Safety and Health (OSHA)

1111 Third Avenue, Suite 715

Seattle, WA 98101-3212

206/553-5490

Office of Inspector General

Audits

1111 Third Avenue, Suite 780

Seattle, WA 98101-3212

206/553-4880

Investigations

1111 Third Avenue, Suite 780

Seattle, WA 98101-3212

Office of Women’s Bureau

1111 Third Avenue, Suite 780

Seattle, WA 98101-3212

Mine Safety and Health Administration

117 107th NE

Bellevue, WA

206/553-7037

Nuclear Regulatory Commission

510-975-0200

National Transportation Safety Board

19518 Pacific Highway South

Seattle, WA

206/764-3782

Securities and Exchange Commission

915 Second Avenue

Seattle, WA 98174

206/553-7990

Department of Transportation

Office of Inspector General

915 Second Avenue

Seattle, WA 98174

206/553-5720

Department of Treasury

Bureau of Alcohol, Tobacco and Firearms

Law Enforcement Division

915 Second Avenue

Seattle, WA 98174

Department of Veterans Affairs

Office of Inspector General

915 Second Avenue

Seattle, WA 98174

Fraud/Waste/Abuse Hot Line

1-800-488-8244

(e) In accordance with RCW Title 44, an employee who fails to make a good faith effort to follow the provisions of this section shall not receive the protections of this chapter.

(4) No Retaliation.

(a) The Lake Stevens Sewer District shall not take retaliation, as defined in subsection (2)(b) of this section, against any employee who provides information in good faith in accordance with RCW Title 44 that an improper government action occurred.

(b) In order to seek relief for retaliation under RCW Title 44, an employee shall provide a written notice of the charge of retaliatory action to the Board of Commissioners that:

(i) Specifies the alleged retaliatory action; and

(ii) Specifies the relief requested.

The charge shall be delivered to the Board of Commissioners no later than 30 days after the occurrence of the alleged retaliatory action. The Board of Commissioners has 30 days to respond to the charge of retaliatory action and request for relief.

Upon receipt of the response of the Commissioners or after the last day upon which the Board of Commissioners could respond, the District employee may request a hearing to establish that a retaliatory action occurred and to obtain appropriate relief as defined in this section. The request for a hearing shall be delivered to the Board of Commissioners within 15 days of delivery of the response from the Board of Commissioners, or within 15 days of the last day on which the Board of Commissioners could respond.

Within five working days of receipt of the request for hearing, the Board of Commissioners shall apply to the State Office of Administrative Hearings:

Office of Administrative Hearings

PO Box 42488, 4224 Sixth S.E.

Rowe Six, Building 1

Lacey, WA 98504-2488

(206) 459-6353

Except as otherwise provided in this section, the proceedings shall comply with RCW 34.05.410 through 34.05.598.

The employee, as the initiative party, must prove his or her claim by a preponderance of the evidence. The administrative hearing shall issue a final decision consisting of findings of fact, conclusions of law, and judgment no later than 45 days after the date the request for hearing was delivered to the Lake Stevens Sewer District. The administrative law judge may grant specific extensions of time beyond this period of time for rendering a decision at the request of either party upon showing of good cause, or upon his or her own motion.

(5) Administration. The Superintendent shall be responsible for the administration of the whistleblower protection policy and procedure. [Res. 563 § 1 (Exh. A § 2-4), 1993.]

3.10.090 Rules, practices and progressive corrective action.

(1) Policy Statement. The continued improvement and timely delivery of District services is dependent upon employees working effectively together. It is the policy of the District that certain rules governing conduct be defined and that any corrective action taken is fair and consistent to ensure the proper rights of all employees are recognized and protected.

(2) Rules Defined. Violation of or failure to abide by the following rules of “applied common sense” shall be cause for corrective action, up to and including termination of employment depending on the severity of the infraction. This is not an exhaustive list.

(a) Failure to carry out work-related instructions given by the Superintendent.

(b) Insubordination.

(d) Willful violation of District policies, regulations and rules specified in this policy or otherwise specified officially.

(e) Falsification of District records and reports, including but not limited to time records, District documents and employment application.

(f) Malicious or careless acts which result in personal injury, property damage or expenses. Any failure to observe safety rules and regulations.

(g) Disorderly physical conduct or verbally threatening, harassing, insulting or abusing other employees or a member of supervision.

(h) Introduction, being under the influence of, use and possession of alcoholic beverages or controlled substances on District property. This includes hallucinatory drugs or other drugs when not prescribed by a medical doctor. Personal prescription medications are allowable to the extent that work performance is not adversely affected.

(i) Unauthorized use, possession, removal, neglect or willful damage to any District property, equipment, records, materials or supplies.

(j) Smoking in nonsmoking areas.

(k) Distribution of unauthorized literature or solicitation by employees on District premises during working time.

(l) Excessive absenteeism or tardiness, continuing after counseling/warning, including abuse of sick leave. Includes failure to report to work without notice or if the reason for absence is considered invalid.

(m) Failure to report to work for three consecutive workdays without prior notification to the District in the absence of a bona fide reason will be considered job abandonment.

(n) Improper handling of cash or other financial transactions.

(o) Sleeping on the job.

(p) Failure to report immediately to the Superintendent or designee any accident or injury which occurs on the job.

(3) Progressive Corrective Action. It is the intent of the Lake Stevens Sewer District that employees know “where they stand” at all times in regard to their performance and conduct as evaluated by the Superintendent. In the event that an employee’s performance or conduct is not up to the high standards required by the District, the following procedure of progressive corrective action, applied in a manner consistent with the nature and severity of the problem, may be effected to achieve correction and avoid recurrence. This procedure is an alternative to termination, either of which may be invoked at the Superintendent’s discretion.

(a) Verbal Notification. Employees normally will be notified verbally at least once by the Superintendent of a less serious offense or unacceptable trend in performance or conduct. A memorandum covering the conversation will be prepared by the Superintendent for inclusion in the employee’s personnel file.

(b) Need for Performance Improvement. Should an employee’s inadequate performance or conduct not improve following verbal notification, or in the event of a serious offense, a formal written warning notice will be prepared and issued to the employee by the Superintendent.

(i) The original copy of the Need for Performance Improvement – Warning Notice form will be issued to the employee and a copy placed in the employee’s personnel file.

(ii) A Need for Performance Improvement – Warning Notice follow-up report will be prepared and issued by the Superintendent, as appropriate.

(iii) In the event the employee’s performance or conduct has been maintained at an acceptable level for up to one year following the date the Need for Performance Improvement – Warning Notice was issued, the form, including the follow-up report, will be removed from the employee’s personnel file.

(c) Suspension. An employee may be suspended without pay for a period normally not to exceed five work shifts when the Superintendent:

(i) Determines the situation or violation poses an imminent danger to persons or property or disruption to District operations;

(ii) Believes that effecting a suspension will resolve the situation short of termination; or

(iii) When it becomes advisable to remove the employee from the work environment until the situation can be investigated and a decision reached regarding an appropriate course of action.

(d) Termination. Should the employee fail to respond to verbal and written notifications of inadequate performance or conduct, or in the event of an extremely serious offense, the employee, following a procedural review by the Superintendent, may be terminated.

(4) Administration. The Superintendent shall be responsible for the administration of the rules, practices and progressive corrective action policy and procedure. [Res. 563 § 1 (Exh. A § 2-5), 1993.]

3.10.100 Personnel records – Requests for information.

(1) Policy Statement. It is the policy of the District to maintain confidential personnel records which show personal history, previous experience, and a complete history of employment with the District. These records are maintained by the Accounting Specialist.

It is further the policy of the District not to release this information to outside sources without the written authorization of the employee involved unless required by court action or other legal reasons.

(2) Procedure.

(a) Requests for employee information whether for credit purposes, reference checks, or any other reasons are to be referred to the Superintendent or designee.

(b) The District will not release or verify any information unless the employee authorizes the release in writing. This includes telephone requests.

(c) Employees who are asked by co-workers to serve as personal references may do so, provided they do not use District stationery for this purpose.

(3) Access to Personnel Files.

(a) Access to an employee personnel file will be limited to those with a legitimate business reason:

(i) Accounting Specialist (Payroll) or designee.

(ii) The Superintendent.

(b) Employees may review the contents of their own personnel file in the presence of the Superintendent or designee by making an appointment during normal business hours. Employees may make copies of the information.

(c) Employees shall be notified of the inclusion or removal of any information in their individual personnel file. Employees may submit written comments regarding changes in the content of their individual personnel file.

(4) Location of Personnel Files. The maintenance, security and accuracy of personnel files shall be the responsibility of the Superintendent.

(5) Purpose. The purpose of this policy is to protect the privacy of employees and to assure the confidentiality of personnel records.

(6) Administration. The Accounting Specialist (Payroll) shall be responsible for the administration of the personnel records and requests for information policy and procedure under the direction of the Superintendent. [Res. 563 § 1 (Exh. A § 2-6), 1993.]

3.10.110 Distributions, solicitations and selling.

(1) Policy Statement. The District recognizes that many worthwhile, charitable causes, fund raising events, and various enterprises of a commercial or political nature exist in the community. However, participation by the District in such activities may seriously detract from the effectiveness of normal operations, constitute a hardship on employees, and lead to ill feelings on the part of citizens. Specifically, our policy is as follows:

(a) Employees of the District. Employees may not solicit for any purpose other than District-related business during working time. Working time includes both the soliciting and solicited employees’ working time. Reasonable forms of solicitation between employees will be permitted during nonworking time such as before or after work, or during authorized meal or break periods. Employees may not distribute literature for any purposes other than District-related business during working time or at any time in work areas.

(b) Outsiders. Individuals not employed by the District may not at any time solicit, petition or distribute literature in the nonpublic working areas of District offices or other buildings, except for bona fide District purposes and with the prior written authorization of the Superintendent.

(2) Administration. The Superintendent shall be responsible for the administration of the distributions, solicitations and selling policy and procedure. [Res. 563 § 1 (Exh. A § 2-7), 1993.]

3.10.120 Layoff and recall.

(1) Policy Statement. It is the policy of the District to address the possibility that a reduction in the level of staffing may at some time be necessary. The Superintendent will be responsible for determining the staff size and skills inventory necessary to meet the new operating level of the District.

(2) Procedure.

(a) The first response to a need for a reduction in staffing levels shall be to allow naturally occurring vacancies (through retirement, resignations, etc.) to go unfilled whenever possible.

(b) The second response will be to terminate probationary employees with less than six months’ service. These employees will have no recall rights.

In the event, however, that regular employees must be laid off, the following will apply:

(c) Employees who hold positions which are being eliminated will be placed on layoff status and will be put on a recall list. Layoff status will last for a period of 12 months, during which time employees will retain length of continuous service credit and accrued sick leave. Employees on the recall list will be considered for vacancies based on length of continuous service, skills, work history and ability. During the time in which an employee is on layoff status and on the recall list, it will be his or her duty to keep the District informed of changes in address and phone number.

(d) In some cases, positions may be retained but be significantly modified. For example, responsibilities may be redefined, work hours may be changed, and the position classification may be changed. Employees in these modified positions may choose to remain in them if they have the necessary skills, qualifications, work experience and abilities required by the employer. Employees may decline modified positions and will be placed on the recall list. Employees who decline a position because they are employed elsewhere or are no longer interested in employment with the District will be removed from the recall list.

(e) In some cases it may be necessary to reduce the general staff levels in functional areas of the District. However, it may not be possible to determine specific positions to be eliminated. In these cases reductions will be made according to length of continuous service, skills, qualifications, ability and willingness to work in a significantly modified position.

(f) In the event that it becomes necessary to initiate this policy, every effort will be made to give employees as much advance notice as possible. Regular employees who are to be laid off will be given four weeks’ notice or four weeks’ pay in lieu of notice. Probationary employees shall be given one week’s notice or one week’s pay in lieu of notice of termination of employment.

(g) Regular employees who feel they have been treated unfairly as a result of this policy may utilize the fair treatment policy.

(3) Purpose. The purpose of this section is to provide for an orderly course of action, to minimize interference to District operations, and to reduce hardship to employees.

(4) Administration. The Superintendent shall be responsible for the administration of the layoff and recall policy and procedure. [Res. 563 § 1 (Exh. A § 2-8), 1993.]

3.10.130 Holidays.

(1) Policy Statement. It is the policy of the District to observe 13 designated holidays each calendar year.

(2) Observed Holidays. The following holidays shall be observed by the District:


Holiday	Day Observed
New Year’s Day	January 1st
Martin Luther King Day	Third Monday of January
Presidents’ Day	Third Monday of February
Memorial Day	Last Monday of May
Independence Day	July 4th
Labor Day	First Monday of September
Veterans Day	November 11th
Thanksgiving Day	Fourth Thursday of November
The Day after Thanksgiving Day	Fourth Friday of November
Christmas Eve	December 24th
Christmas Day	December 25th
Birthday
One Floating Holiday	Employee’s choice with approval of Superintendent (subject to policy provisions below)

(3) Eligibility for Holidays and Holiday Pay.

(a) Regular full-time employees and regularly scheduled part-time employees (prorated) shall be eligible for paid holidays in accordance with the provisions of this section.

(b) If a holiday is observed on an unscheduled day of work, the employee may observe that holiday on another day within the pay period next following the date that holiday is observed.

(c) New employees shall qualify for paid holidays observed (excluding the personal holiday – see subsection (3)(d) of this section) following date of hire.

(d) New employees shall be eligible to observe the floating holiday based on four completed months of continuous employment.

(e) Employees shall receive regular pay equivalent to their regularly scheduled hours for the holiday not worked. Part-time employees shall receive regular pay equivalent to their prorated hours worked.

(f) Employees required to work a holiday because of business necessity shall be paid holiday pay in addition to their regular straight-time or overtime rate of pay, as applicable.

(4) Holiday Scheduling.

(a) In the event a holiday falls on Saturday, employees normally will observe the preceding Friday as the holiday.

(b) In the event a holiday falls on Sunday, employees normally will observe the following Monday as the holiday.

(5) Religious Holidays. The District will not discriminate on the basis of an employee’s religious beliefs. When a workplace accommodation for religious purposes is sought, the employee shall inform the Superintendent. The District will use its best efforts to accommodate the employee’s religious belief; provided, that no undue hardship is created for the District or its employees and the accommodation does not affect safety and health.

Employees, with prior approval of the Superintendent, may observe religious holidays as:

(a) An approved absence without pay, or

(b) As time charged to vacation accrued for use during the current “year”, or

(6) Holidays and Vacations. Holidays observed during an employee’s vacation period shall not be considered as vacation time. The employee shall be eligible for an additional day(s) of vacation time.

(7) Administrative Provisions.

(a) Holiday hours will be counted toward eligibility for sick leave and vacation benefits.

(b) Employees on leave of absence status are not eligible for holiday pay or compensatory time off for holidays observed during the leave of absence period.

(d) An employee on paid sick leave will receive holiday pay only during the first 30 calendar days of sick leave.

(e) Holiday hours must be used as a unit, in the same number of hours in which they were issued. Holiday hours may not be split or used one hour at a time. This applies to the floating holiday as well as regularly observed holidays.

(f) The Superintendent shall be responsible for the administration of the holidays policy and procedure. [Res. 563 § 1 (Exh. A § 3-1), 1993.]

3.10.140 Vacations.

(1) Policy Statement. It is the policy of the District to provide eligible employees annual vacation time with pay to afford the opportunity for rest and recreation.

(2) Definitions and Eligibility. Coverage under this policy includes all full-time and regularly scheduled part-time (prorated) employees.

(3) Eligibility and Accrual Schedule.

(a) Eligible employees shall accrue vacation benefits on the basis of completed calendar years of employment.

(b) New full-time employees shall accrue vacation benefits from date of employment for use following completion of six calendar months of continuous employment. Part-time employees are eligible to use vacation time after 12 months of continuous employment.

(c) In the event of a permanent change in the employee’s regular weekly work schedule, the employee’s accrual of vacation benefits shall be adjusted accordingly.

(d) A temporary change in the employee’s regular weekly work schedule shall not affect the accrual of vacation benefits, unless the change lasts longer than 30 calendar days.

(e) For purposes of this vacation policy, the employee’s regular weekly work schedule includes regular hours worked, paid holidays, vacations, sick leave or bereavement leave, and excludes overtime hours and leave of absence periods.

(f) A scheduled working day for vacation purposes is defined as the average number of hours worked per day during a regular workweek up to a maximum of eight hours.

(g) Vacation Accrual Schedule.

Full-Time Employees
Years of Continuous Employment	Yearly Accrual
1 – 4	10 days
5 – 9	15 days
10 – 14	18 days
15 – 19	21 days
20+	25 days

(4) Vacation Scheduling.

(a) Employees may select their own vacation time with the approval of the Superintendent. Scheduling conflicts will be resolved using the following criteria: timeliness of request; length of continuous employment; reasonable rotation of “popular” vacation times.

(b) The minimum vacation time that can be taken is one-half a regular work shift.

(5) Accumulation of Vacation Time.

(a) The intent of the vacation policy is that employees take the vacation time for which they are eligible each year. Employees may, with prior written authorization of the Superintendent, arrange for accumulation of vacation time.

(b) Employees may accumulate up to 240 hours annual vacation time.

(6) Termination/Retirement. An eligible employee with at least six months’ continuous employment will be paid the accrued but unused vacation time through date of termination.

(7) Administrative Provisions.

(a) Accrued vacation time is payable at the employee’s regular rate of pay at the time the vacation is taken.

(b) Employees on leave of absence are not eligible to accrue vacation benefits.

(c) The Superintendent shall be responsible for the administration of the vacation policy and procedure. [Res. 563 § 1 (Exh. A § 3-2), 1993.]

3.10.150 Sick leave.

(1) Policy Statement. It is the policy of the District to provide eligible employees a measure of financial protection by allowing time off with pay when a personal illness, accident or disability, or that of a member of the immediate family, requires absence of the employee. A paid sick leave benefit based on the individual employee’s regular weekly work schedule shall be the method to ensure that the intent of the policy is equitably accomplished.

(2) Definition and Coverage.

(a) Coverage under this policy includes all full-time and regularly scheduled part-time (prorated) employees.

(b) Sick leave is defined as a specified period of time that an employee is absent from work due to a personal illness, accident or disability, or that of a member of the employee’s immediate family, for which the employee receives regular salary.

(c) The term “immediate family” is normally defined as the spouse, child, parent, brother or sister of the employee; or any person residing with or legally dependent upon the employee. In-laws normally are not considered immediate family. Unusual circumstances shall receive individual consideration.

(d) Sick leave is intended solely as a form of financial protection and is not to be considered as paid time off that is owed to an employee.

(3) Accrual Schedule and Eligibility.

(a) Eligible employees shall accrue sick leave benefits at the rate of 12 workdays per year of continuous employment for use following one month’s continuous employment.

(b) Employees may accrue an unlimited amount of sick leave.

(c) A temporary change in the employee’s regular weekly work schedule shall not affect the employee’s accumulation of sick leave benefits, unless the change lasts longer than 30 days.

(d) For purposes of this policy, the employee’s regularly weekly work schedule includes regular hours worked, holidays, vacations, sick leave or bereavement leave and excludes leave of absence periods.

(4) Reporting and Use of Accrued Sick Leave.

(a) It is the responsibility of employees to notify the Superintendent in the event of any absence immediately following the start of each workday. Failure to notify may result in loss of sick pay for the day. Employees may be required to present a physician’s statement at the discretion of the Superintendent.

(b) Accrued paid sick leave benefits shall be granted when an employee is required to be absent from work under the following conditions:

(i) Injury or illness of the employee, provided the injury or illness is not compensated by State industrial insurance (i.e., nonduplication of benefits).

(ii) Disability of the employee due to pregnancy, childbirth and associated periods of recovery.

(iii) Medical, dental or optical care of the employee or immediate family member.

(iv) Injury or illness of a dependent child or anyone legally dependent on the employee requiring the employee’s presence in accordance with local, State, and/or Federal regulations.

(v) Any approved medically necessary treatment program.

(c) In the event that an employee is absent for a condition listed in subsection (4)(b) of this section in excess of accrued sick leave, the following shall apply:

(i) Earned but unused compensatory time; followed by

(ii) Earned but unused vacation time; followed by

(iii) Leave of absence without pay, which may result in a review of the employee’s attendance record.

(d) In the event that an employee incurs a personal illness, injury, accident or disability, or that of a member of the immediate family, while the employee is on scheduled vacation leave, the employee may cease utilizing vacation leave and convert to the use of accrued sick leave. Such conversion from vacation to sick leave shall normally require a physician’s certification.

(5) Termination/Retirement. Accrued sick leave is not payable upon termination or retirement.

(6) Administrative Provisions.

(a) The District may require a physician’s statement or otherwise verify that the employee or the employee’s dependent was ill.

(b) An illness-related absence of three consecutive workdays or more may require verification by the employee’s personal physician that the employee is physically capable of resuming the regular duties of the job classification.

(c) Sick leave is computed up to the nearest one-half hour and payable for the approved period of absence up to the regularly scheduled hours of work for the day(s) absent.

(d) In the event of an accident that qualifies for payment under District-paid State workers’ compensation industrial insurance, accrued sick leave may be used to pay the difference between the workers’ compensation payment and the employee’s regular salary until accrued sick leave has been exhausted or the employee returns to work, whichever occurs first.

(e) Employees on leave of absence are not eligible to accrue sick leave benefits.

(f) The Superintendent shall be responsible for the administration of the sick leave policy and procedure. [Res. 563 § 1 (Exh. A § 3-3), 1993.]

3.10.160 Bereavement leave.

(1) Policy Statement. It is the policy of the District to afford regular full-time and regularly scheduled part-time employees time off with pay in the event of a death in the employee’s immediate family.

(2) Definition and Coverage.

(a) The employee’s immediate family is defined as the employee’s spouse, child, parent, brother, sister, guardian or grandparent, or any person residing with or legally dependent upon the employee. Unusual circumstances shall receive individual consideration.

(b) In the event of a death in an eligible employee’s immediate family, the employee shall be eligible for up to three days’ bereavement leave with pay.

(3) Administrative Provisions.

(a) Employees on bereavement leave shall continue to accrue sick leave and vacation benefits.

(b) Bereavement leave is not cumulative nor payable upon termination of employment.

(c) Employees must notify the Superintendent as soon as possible on the first day of absence and at that time specify the length of leave necessary.

(d) The period of bereavement leave may be extended by the use of accrued vacation time, or if warranted, sick leave.

(e) The Superintendent shall be responsible for the administration of the bereavement leave policy and procedure. [Res. 563 § 1 (Exh. A § 3-4), 1993.]

3.10.170 Leaves of absence.

(1) Policy Statement. The purpose of this policy is to define the types of leaves of absence which may be granted to employees, and the circumstances under which a leave of absence may be granted.

(2) Definition and Coverage.

(a) A leave of absence is an approved absence from work for which no compensation is provided by the District.

(b) A leave of absence normally will not exceed three months.

(i) A planned or unplanned temporary disability suffered by the employee or immediate family member as defined in LSSDC 3.10.150, Sick leave,

(ii) Parental leave in accordance with local, State, and Federal regulations,

(iii) Military service,

(iv) Jury duty, or

(v) For valid personal reasons.

(d) Coverage under this section includes all exempt and nonexempt regular full-time and regularly scheduled part-time employees.

(3) Continuous Service. An employee on leave of absence status shall continue to accrue continuous service but does not accrue actual credits for purposes of vacation, holidays, sick leave and related benefit programs. For purposes of salary increases, the situation will be evaluated based on the length of time of the leave of absence.

(4) Leave of Absence – Temporary Medical Conditions.

(a) It may be necessary for an employee to be absent from work due to a planned or unplanned disability including surgery, childbirth, illness or accident and associated periods of recovery.

(b) Accrued sick leave must be used prior to a request for a leave of absence due to a temporary disability.

(c) Should a disability extend beyond accrued sick leave, or in the absence of sick leave, employees must notify the Superintendent to request leave of absence to be eligible to return to work at the end of the actual period of temporary disability.

(d) A request for leave of absence due to an illness or accident must be accompanied by a statement from the employee’s physician indicating the nature of the disability and the anticipated date the employee will be able to return to work.

(e) An employee may continue to work up to the date of departure providing the employee’s physician concurs in the employee’s ability to work and the requirements of the job are satisfied. Continued concurrence of the employee’s physician may be requested at regular intervals based on the nature of the disability and the requirements of the employee’s job.

(f) The District may require an employee to submit a physician’s statement(s) at any time during the leave of absence period.

(5) Family Leave. Family leave will be granted in accordance with applicable Federal, State or local requirements.

(6) Military Leave of Absence.

(a) Employees entering active military service will be granted a leave of absence for the required period of service.

(b) Employees will be granted a leave of absence for reserve duty for the required period of service.

(c) Reinstatement of the employee shall be in accordance with the Universal Military Training and Service Act, as amended.

(7) Personal Leaves of Absence.

(a) A personal leave of absence may be granted in conjunction with an employee’s vacation period where valid reasons exist and with the approval of the Superintendent.

(b) Consideration of the employee’s request for a personal leave of absence shall include the reason(s) for requesting the leave, the length of time desired, the work load involved and the need for a replacement employee.

(d) Accrued vacation time must be used in conjunction with an approved personal leave of absence.

(e) A personal leave of absence is not to be used for the following:

(i) As a substitute for resignation.

(ii) To enable an employee to perform comparable work elsewhere.

(f) Before leaving for any approved leave, employees should consult with the Accounting Specialist to assure the continuation of their group insurance programs.

(8) Jury Duty.

(a) Employees who are called to serve on a jury in any established court will be released from work to do so.

(b) During the period of such absence, regular employees will receive their regular wages, minus the amount received as jury duty or witness fees excluding mileage or other expenses paid by the court.

(c) Employees who are released from jury duty on any particular day are expected to notify the Superintendent and report to work if requested to do so.

(9) Return from Leave of Absence.

(a) It is the responsibility of employees to notify the Superintendent of their intention to return to work a minimum of two weeks prior to the end of an approved leave or, in the absence of extenuating circumstances, the employee shall be considered to have voluntarily resigned employment with the District.

(b) With proper notification to the Superintendent and with the concurrence of the employee’s physician, effort will be made to return the employee to the same job or another position for which the employee is qualified by reason of skill, training, education, experience and length of employment. However, this is not to be interpreted as a guarantee of a job being available at the end of an approved leave of absence.

(c) Employees who have been on leave of absence due to a temporary disability, as defined in subsection (4) of this section, will be returned to the position which they occupied prior to the leave, or in cases of business necessity, to a similar position with a comparable rate of pay.

(d) The District will make every effort to return an employee who has been on personal leave, as defined in subsection (7) of this section, to the same position which they occupied prior to the leave, or to another position for which the employee is qualified by reason of skill, training, education, experience and length of employment. However, this is not to be interpreted as a guarantee of a job being available at the end of an approved leave of absence for personal reasons.

(10) Administrative Provisions.

(a) Employees who wish to apply for leaves of absence may obtain further information from the Accounting Specialist.

(b) The Superintendent shall be responsible for the administration of the leaves of absence policy and procedure. [Res. 563 § 1 (Exh. A § 3-5), 1993.]

3.10.180 Shared leave.

(1) Policy Statement. It is the policy of the District to permit District employees, at no additional cost to the District, to aid a co-worker who is suffering from an extraordinary or severe illness, injury, impairment or physical or mental condition, or that of a family member, which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment. Consideration shall be made on a case-by-case basis as the need arises.

(2) Eligibility.

(a) Shared leave may be requested by an employee needing shared leave or by any individual aware of an employee’s need for shared leave if:

(i) The employee suffers, or has an immediate family member suffering, from an illness, injury, impairment or physical or mental condition which is likely to cause the employee to take leave without pay or to terminate his/her employment with the District.

(ii) The employee has depleted or will deplete his/her total accrued vacation, sick leave, compensatory time, holiday time and/or paid leave.

(iii) Prior to the use of shared leave, the employee has abided by the District’s sick leave policy.

(iv) The employee, if appropriate, has diligently pursued and is found to be ineligible for State industrial insurance benefits.

(b) The term “immediate family” is defined as the employee’s spouse, child, parent, brother or sister of the employee; or any person residing with or legally dependent upon the employee.

(3) Procedure.

(a) The Superintendent and the employee will work together to determine the amount of shared leave necessary. The employee will provide appropriate medical justification and documentation which supports the necessity for the leave of absence and the duration of the absence. A total of six months (131 working days) may be received by an employee throughout the employee’s employment.

(b) The Superintendent will approve the transfer of a specified amount of accrued vacation leave to shared leave. To be eligible to donate vacation leave, an employee must have a total of more than 80 hours of vacation leave and have taken at least 80 hours of vacation leave within the calendar year or have a total of accrued and used vacation leave greater than 80 hours for the calendar year. Transfer will be in increments of one hour of leave. All donations of leave are voluntary.

(c) Leave may be transferred from employee(s) in one department to an employee of the same department, or to an employee of another department.

(d) While an employee is on shared leave, he/she will continue to be classified as a District employee and shall receive salary and benefits as he/she would otherwise receive if using vacation leave. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave.

(e) Vacation leave shall be transferred on a day-for-day basis. The value of the leave shall be determined at the current hourly wage of the transferor and the leave available to the receiving employee shall be calculated at the receiving employee’s wage.

(4) Administrative Provisions.

(a) The Accounting Specialist is responsible for computing the values of donated leave and shared leave, as well as for adjusting the accrued leave balances to show the transferred leave. Records of all leave time transferred will be maintained in the event any unused time is returned at a later date. The value of any leave transferred which remains unused will be returned at its original value to the employee or employees who donated the leave.

(b) The Accounting Specialist will monitor the program and maintain all shared leave records to ensure impartial treatment of all District employees. Inappropriate use to the provisions of this policy may result in the cancellation of the donated leave or use of shared leave.

(c) In no event will any unused shared leave be paid to the donee employee in the event of leaving the District’s employ.

(d) The Lake Stevens Sewer District is initiating this policy as a pilot program and may, in its sole discretion, cancel the program at any time.

(e) Employees wishing to donate accrued vacation leave to another employee should obtain a vacation donation form from the Accounting Specialist.

(f) Administration of this section is the responsibility of the Superintendent through delegation to the Accounting Specialist. [Amended during 2014 recodification; Res. 563 § 1 (Exh. A § 3-6), 1993.]

3.10.190 Continuing education reimbursement.

(1) Policy Statement. It is the policy of the District to encourage employees to improve their knowledge and skill as District employees so that the District and its citizens will benefit from such increased knowledge and skills. Therefore, within budgetary limitations and with prior approval, the District will reimburse all or a portion of the education expense incurred by employees in improving their knowledge and skills in areas that benefit the District.

(2) Definitions.

(a) “Courses,” as defined by this section, refers to classes, workshops, seminars and/or other educational sources, including general education curriculum in an educational institution.

(b) “Expenses” as defined by this section means tuition, laboratory fees and materials if the latter can be used in a job-related way.

(3) Eligibility. All regular full-time employees who have completed their probationary period are eligible to apply for continuing education reimbursement.

(4) Administrative Provisions.

(a) The Superintendent is responsible for the administration of this policy.

(b) Courses will be attended on employees’ own time, unless attendance is specifically approved, required or directed by the Superintendent.

(c) Each request for reimbursement will be considered on its own merits, taking into account budget limitations, the need of the District for the subject matter included in the course, and the availability of such course within the schedule limitations of the employee.

(d) Employees will have an opportunity to increase their skills and the District and its citizens can benefit from the increased skills of many of the District employees rather than a few. The District will also take into account the department in which the employee works so that such skills can be increased throughout the District and not concentrated in only a few departments.

(e) Requests shall be submitted to the Superintendent on the form entitled Continuing Education Request, normally two weeks in advance of the commencement of the educational program. These forms are available in the office of the District. The request will be reviewed for approval by the Superintendent.

(f) Proof of satisfactory completion of any approved course must be submitted in order to receive tuition reimbursement. As appropriate, a “C” grade or better must be received by the student.

(g) The employee may be asked to submit a brief written report regarding the subject matter of the course, or to give an oral presentation to other District employees.

(h) Documentation of successful attendance and completion of courses will be placed in the employee’s personnel file. [Res. 563 § 1 (Exh. A § 3-7), 1993.]

3.10.200 Safety, health and accident prevention.

(1) Policy Statement. It is the policy of the District to provide a safe and healthful working place for all employees. In compliance with the Washington Industrial Safety and Health Act of 1973 and Chapter 296-24 WAC, every work area in each department and remote work site will be maintained in such a way as to be free from accident and health hazards. Each employee must be alert to any condition which poses a potential threat to a safe and healthful working environment, and must take appropriate action to eliminate these conditions where they exist.

(2) Responsibilities.

(a) Management.

(i) Maintain a safe and healthful working environment.

(ii) Conduct an ongoing accident prevention program.

(iii) Provide safety-related training.

(iv) Investigate, record and report work-related injuries and illnesses.

(v) Develop proper attitudes toward safety and health in themselves and in those they supervise.

(vi) Ensure that all work processes and procedures are performed with the utmost regard for safety and health.

(vii) Ensure that all employees are oriented and properly trained in the safe performance of their job.

(viii) Report work-related injury and illness.

(ix) Communicate and comply with District safety regulations and legal requirements.

(b) Employees.

(i) Study and observe all safe practices governing their work.

(ii) Report immediately to the Superintendent all hazards and dangerous work conditions.

(iii) Wear appropriate clothing (and protective equipment where required).

(iv) Make a prompt report to the Superintendent of each work-related injury or illness, regardless of degree of severity.

(3) Safety and Health Program.

(a) Safety Committee. The Safety Committee is comprised of two management-selected and two employee-elected employees. Meetings are held on a regular basis to discuss safety and health and to recommend changes for improvement in the District’s safety program. Minutes are recorded by the Secretary and maintained in the office of the District.

(b) First Aid Kit. Each department, vehicle and remote work site is required to have a first aid kit(s) reasonably accessible. The size of the kit is determined by the number of employees at the work location. The first aid kit must be inspected weekly by the Superintendent or designee. Each kit shall contain phone numbers of available emergency aid.

(c) Emergency Medical Assistance. All work sites will have available an employee who holds a valid (two-year) first aid certificate. This requirement is waived if emergency medical aid is available to the work site within a five-minute response time and the calling number is posted on every telephone at the work location.

(d) Bulletin Board. Work location bulletin boards, readily visible to all employees, will contain the District safety policy, WISHA poster (L1416-81), industrial insurance poster, and other safety and health posters and educational materials that may be distributed periodically.

(4) Accident Prevention Program.

(a) Goals.

(i) To provide a safe and healthful workplace.

(ii) To maintain a workplace free from accident and health hazards.

(iii) To achieve zero work-related accidents, injuries or illnesses.

(b) Orientation of Employees.

(i) A safety brochure will be given to every new employee on the first day of employment. The booklet includes the District safety policies, standards, practices and regulations. It also contains how and when to report injuries or accidents and unsafe conditions or practices.

(ii) Employees will be informed of the location of first aid kits, emergency telephone numbers, fire extinguishers and emergency exits.

(iii) Employees will receive on-the-job instruction for lifting, power equipment handling, utility systems operation and the use of fire extinguishers.

(iv) Periodic communication or training will be provided to create awareness of good safety practices and accident prevention.

(c) Defensive Driving. Instruction will be provided to employees within three months of assuming a job classification requiring driving, and refresher training will be required every fourth year. Tuition will be paid by District. Tuition reimbursement is available for all employees who regularly drive District vehicles.

(d) Workplace Inspections. Written inspections will be conducted on a periodic basis and will include the following:

(i) Bulletin board postings.

(ii) Safety brochure supply.

(iii) First aid kits marked and properly stocked.

(iv) Emergency numbers posted.

(v) Emergency exit signs visible and working.

(vi) Fire extinguishers available and serviced.

(vii) Identification of potential hazards or unsafe conditions.

(viii) Other.

(e) Accident Investigations.

(i) Non-Vehicle Accidents. Each accident must be investigated immediately by the Superintendent. A written report will be prepared for the Safety Committee with copies to the Superintendent. The report will include the findings, the corrective action taken and other related information or recommendations, as appropriate.

(ii) Accident Involving Vehicles (District and/or Non-District Vehicles). Accidents involving vehicles shall be investigated by the appropriate law enforcement agency. The results of such investigation shall be communicated in writing to the superintendent(s) involved.

(f) Safety Committee (WAC 296-24-045). A committee has been established as described in subsection (3)(a) of this section. Elections take place in December, and the membership is one year running from January 1st through December 31st. The committee’s authority is for review and recommendation, and the activities are limited to the following:

(i) A review of the safety and health inspection reports to assist in correction of identified unsafe conditions or practices.

(ii) An evaluation of the accident investigations conducted since the last meeting to determine if the cause of the unsafe acts or unsafe condition involved was properly identified and corrected.

(iii) An evaluation of the accident and illness prevention program with a discussion of recommendations for improvement where indicated.

(iv) Other, as assigned by management.

(g) Hazardous Materials Disclosure (i.e., Worker Right to Know).

(i) The Superintendent shall be responsible for obtaining hazardous material data sheets from suppliers and the dissemination of the information to employees working with such materials.

(ii) Hazardous material shall be stored and secured by the Superintendent.

(5) Smoke-Free Workplace.

(a) Purpose. The Lake Stevens Sewer District recognizes that the majority of employees working in District buildings, as well as the citizens who visit our buildings, are nonsmokers. To respect their rights to breathe clean air (e.g., the Washington Clean Indoor Air Act, Chapter 70.160 RCW) the District has established a smoke-free workplace policy.

(b) Policy. All District buildings are hereby declared to be nonsmoking areas. No smoking will be allowed by employees, citizens and/or other visitors. Smoking is allowed in outdoor areas surrounding these buildings, absent any other ordinances, rules and/or regulations prohibiting smoking.

(6) Administration. The Superintendent shall be responsible for the administration of the safety and health/accident prevention policy and procedure through delegation to the District Safety Officer. [Res. 563 § 1 (Exh. A § 4-1), 1993.]

3.10.210 Drug-free workplace.

(1) Policy Statement. In accordance with the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subsection D), the Lake Stevens Sewer District recognizes a responsibility to maintain a drug-free workplace.

It is the policy of the District that no employee during work time shall unlawfully manufacture, distribute, dispense, process, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance, or alcoholic beverage as defined by State and Federal law. Personal prescription medications are allowable to the extent that work performance is not adversely affected.

Each employee shall be required to abide by the terms of this drug-free workplace policy and procedure as a condition of continued employment.

(2) Procedure.

(a) Employees will be notified by written statement that unlawful manufacture, distribution, dispensing, possessing or use of a controlled substance in the workplace is prohibited and that specific sanctions apply for violations.

A copy of the written statement will be provided to all employees. A signed statement will become part of the new employee orientation program.

(b) As part of the new employee orientation program, drug-free awareness information will inform employees about the dangers of drug abuse, the Lake Stevens Sewer District’s drug-free workplace policy, available counseling, and the penalties for drug violation convictions.

(c) Any employee who has been discovered manufacturing, distributing, dispensing, in possession of, or using an illegal drug(s) in the workplace may be suspended or discharged in accordance with the provisions of District policy and State law.

(d) As a condition of employment, each employee shall notify his or her superintendent of his or her conviction under any criminal drug statute for a violation occurring in the workplace. Such notification shall be provided no later than five days after such conviction. “Conviction” is defined as a conviction or guilty plea.

(e) The Lake Stevens Sewer District will notify the fund granting agency of an employee convicted for criminal drug statute violation at the workplace within 10 days of receiving notice from the employee.

(f) The Lake Stevens Sewer District will impose sanctions on employees convicted for drug activity in the workplace within 30 days of receiving notice by taking appropriate personnel action, up to and including termination of employment; or requiring the employee to satisfactorily participate in a drug abuse assistance rehabilitation program at the employee’s expense.

An employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the Superintendent or designee at the employee’s expense. Nothing in this policy shall be construed to guarantee reinstatement of any employee who violates this policy, nor does the Lake Stevens Sewer District incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.

(g) The Lake Stevens Sewer District will make a good faith effort to maintain a drug-free workplace.

(3) Administration. The Superintendent is responsible for the administration of the drug-free workplace policy and procedure. [Res. 563 § 1 (Exh. A § 4-2), 1993.]

3.10.220 Expenses – Travel, meals and lodging.

(1) Policy Statement. It is the policy of the District to reimburse employees for reasonable expenses incurred by employees for business purposes, subject to budgetary limitations and the approval of the Superintendent. Moneys may also be advanced to an employee who is going on travel status for anticipated travel-related expenses. Please see the Superintendent for further information.

(2) Airplane Tickets – Registration Fees. Because of State Auditor’s Office regulations, airplane tickets and registration fees are handled separately from other travel expenses. Please see the Accounting Specialist for information regarding payment of these business-related expenses.

(3) Coverage.

(a) This policy is intended to cover the reasonable actual cost of meals and lodging for employees only. Gratuities and bar tabs are not reimbursable.

(b) Spouses/guests accompanying employees are responsible for their own expenses.

(c) Approval must be obtained in advance for business-related travel. The form “Request for Approval of Travel” is available from the Superintendent. This form contains provisions for travel expense advances.

(d) Requests for reimbursement of expenses are to be submitted on the “request for travel” form on or before the tenth day following the close of the travel period, accompanied by receipts for all expenses incurred. In the event that expenses were greater than the amount advanced, the District will arrange to reimburse the shortfall to the employee. In the event that expenses were less than the amount advanced, a cash or check refund of the unspent portion of the advance must be turned in with the expense report. Any default in accounting for or repaying an advance shall render the full unpaid amount immediately due and payable with interest (at the yearly rate of 10 percent from the date of default until repaid). The District may withhold any and all funds payable to any officer or employee (including wages) to recover a delinquent refund. No advance of any kind may be made to any officer or employee who is delinquent in accounting for or repaying a prior advance. (This information is in Chapter 42.24 RCW.)

(e) Employees who use their own vehicles for travel will be reimbursed at the IRS mileage rate in effect at the time of travel.

(f) Any misuse of this policy is grounds for disciplinary action, up to and including termination.

(4) Administrative Provisions. Administration of this policy is the responsibility of the Superintendent. [Res. 589, 1994; Res. 563 § 1 (Exh. A § 4-3), 1993.]

3.10.230 Emergency worker program.

(1) Policy Statement. From time to time, the District needs to contact employees for emergency situations. It is therefore the desire of the District to allow employees, due to their potential emergency worker status, to utilize the government airtime rate for cellular phones. Such phones are purchased by the employees and may be used for District and personal use.

(2) Procedure.

(a) The personal cellular phone agreement must be executed by the employee and the District.

(b) The employee must purchase their own personal cellular phone and will be allowed to pay the District’s current airtime rates.

(d) A maximum of two cellular telephones will be authorized per employee.

(3) Administrative Provisions. Administration of this section is the responsibility of the Superintendent.

PERSONAL CELLULAR PHONE AGREEMENT

This agreement is entered into between the Lake Stevens Sewer District, hereinafter referred to as the “District”, and __________, hereinafter referred to as “Employee,” on the _____ day of __________, 20__.

WITNESSETH:

WHEREAS, the District desires to provide the tools to help contact the employees when they are needed; and

WHEREAS, many employees have indicated a desire for the District to obtain cellular service; and

WHEREAS, the law and the cellular supplier provides the opportunity to meet the needs expressed by both the District and the employees;

NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, the parties hereto agree as follows:

A. THE EMPLOYEE SHALL:

1. Acknowledge their status as an emergency worker.

2. Agree to assume full responsibility for any and all costs associated with cellular phone service and pay said costs promptly.

3. Pay for any installation charges and any equipment needed, which will remain the property of the employee.

4. A maximum of two (2) cellular phones will be authorized per employee.

5. By signing this agreement, be deemed to have authorized the withholding of funds from the employee paycheck, any amount necessary to pay for charges the District incurs as a result of this contract.

6. Authorize, in the event the relationship between the employee and the District is terminated the District to withhold any and all of the employee’s final reimbursement or paycheck until such a time as the District is notified by the service provider that all charges and obligations for service have been paid in full.

7. Fully indemnify, release and hold harmless the District for any monetary costs or claims of any nature arising out of this cellular telephone program.

B. THE DISTRICT SHALL:

1. Authorize this individual to be on this plan.

2. Authorize billing and be the responsible party of record for cellular telephone service.

C. TERM

The term of Agreement shall begin on __________ 20__ and shall automatically renew annually unless terminated according to the provisions herein.

D. TERMINATION

1. Termination of Convenience. Upon mutual agreement, either party may terminate the Agreement immediately with written notice to the other party. The District may terminate this agreement by notifying the service provider that the employee number is no longer authorized to participate in the program, followed by written notice to the employee.

2. Termination for Cause. If the employee fails to perform in the manner called for in this Agreement, or if the service provider fails to comply with any of the provisions of the Agreement, or if the employee fails to participate actively with the District, or if the employee does not maintain an acceptable performance evaluation, the District may terminate this Agreement. Termination shall be effected by notifying the service provider that the employee’s number is no longer authorized to participate in the program, followed by written notice to the employee.

E. ATTORNEY’S FEES AND COSTS:

If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the District shall be entitled to recover from the employee, in addition to any other relief to which such party may be entitled, reasonable attorney’s fees and other costs incurred in that action or proceeding.

F. JURISDICTION:

1. The Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance.

2. Any action of law suit in equity or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Snohomish County, Washington.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written.


DISTRICT	EMPLOYEE
______________________________	______________________________
______________________________	______________________________

[Res. 602 (Exhs. A, B), 1995; Res. 563 § 1 (Exh. A § 4-4), 1993.]