Chapter 2.34
PERSONNEL
Sections:
2.34.030 Collective bargaining.
2.34.055 Management and mayoral support positions.
2.34.060 Human resources director – Appointment – Duties.
2.34.070 Recruitment and hiring.
2.34.085 Health insurance benefits.
2.34.120 Personnel appeals board.
2.34.130 Employment discrimination.
2.34.150 Resignation, layoff and reinstatement.
2.34.010 Short title.
This chapter shall be known as the “personnel ordinance.” (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.020 Purpose.
This chapter is enacted to establish city personnel policies and to delegate the administration of those policies to the mayor and his/her designee. No provision of this chapter shall be deemed to limit the power of the city council to amend, modify or repeal this chapter. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.025 Civil service.
The city council has determined not to create a city civil service system for all city employees. Pursuant to state law, the city has established a civil service commission for police and fire department employees (Chapter 2.32 OHMC). Where the rules or requirements of civil service for city police and civil service for city firefighters provided under state law or a collective bargaining agreement between the city and any police or fire bargaining unit address a matter also addressed by the personnel code or the personnel rules adopted pursuant to this chapter, the provisions of state law and/or the collective bargaining agreement in effect at the relevant time period shall apply.
(1) All full-time, paid employees of the police department, other than the chief and positions designated by the civil service commission pursuant to RCW 41.12.050, are covered by Civil Service for City Police (Chapter 41.12 RCW).
(2) All full-time, paid employees of the city fire department, other than the chief of such department, are covered by Civil Service for City Firefighters (Chapter 41.08 RCW) as provided by state law. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.030 Collective bargaining.
(1) It is the policy of the city of Oak Harbor to honor the collective bargaining obligations imposed upon the city under state law.
(2) The human resources director and the mayor’s designee shall represent the city in collective bargaining agreements and shall consult with the city council on bargaining strategy at appropriate stages in the collective bargaining process.
(3) Where a subject also covered by these rules is the subject of a collective bargaining agreement in effect at the relevant time period, then the terms of the collective bargaining agreement shall prevail as to the applicable represented employees. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.040 Definitions.
The following terms and phrases shall have the meanings ascribed to them herein:
(1) “Administrator” means the human resources director;
(2) “Covered employee” means an employee appointed to a position to which the rules of this chapter pertaining to disciplinary action and appeals apply. Such provisions of this chapter do not apply to the following positions:
(a) Members of the city council;
(b) The mayor;
(c) Employees holding management positions set out in OHMC 2.34.055;
(d) Members of appointive city boards, city commissions and city committees;
(e) Persons engaged under contract to provide any service to the city for a limited purpose or on a temporary or part-time basis;
(f) Volunteers;
(g) Persons hired from time to time to perform casual work including, but not limited to, those employed to perform seasonal work or to meet the immediate requirements of an emergency condition;
(h) Employees represented by a union or guild pursuant to certification of a bargaining unit by the Public Employment Relations Commission; and
(i) Employees subject to the city’s civil service commission for police and fire department employees;
(3) “Department head” means a person working for the city who has been designated by the mayor to be the head of a department;
(4) “Disciplinary action” means an action imposing discipline on a covered employee, which shall include, but not be limited to, written reprimands, suspensions, demotions and disciplinary discharges/terminations from employment. Verbal warnings, counseling, written statements of performance expectations, including related notes, and performance appraisals shall not be considered disciplinary actions, and are not subject to the grievance process. Layoffs, resignations and reinstatements are also not considered discipline;
(5) “Disciplinary appeal” means an appeal by a covered employee to the personnel appeals board after the employee has exhausted the grievance process;
(6) “Employee policy manual” means all of those policies, guidelines and procedures adopted by the mayor pursuant to OHMC 2.34.050;
(7) “Full-time” means a regular employee working in a regularly budgeted position allocated at least 32 hours per week;
(8) “Grievance” means a complaint by a covered employee regarding disciplinary action taken against that employee or the application of any of the provisions of this chapter to that employee;
(9) “Hourly” means any employee who is paid on an hourly basis;
(10) “Part-time” means an employee working in a regularly budgeted position allocated work hours of less than 32 hours per week and whose hours may be regular or irregular;
(11) “Probationary employee” means an employee who has not yet successfully completed his or her probationary period set pursuant to OHMC 2.34.140;
(12) “Regular employee” means an employee who has successfully completed his or her probationary period and is retained in a fully budgeted position in the biennial budget;
(13) “Temporary employee” means a person employed to meet a temporary or seasonal need of the city. An employee may not remain in this category more than 12 months without the written approval of the mayor. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.050 Administration.
The mayor shall have general authority to oversee administration of the personnel matters of the city. The city council recognizes that the management of the city and the administration of personnel are administrative matters and not legislative functions. For that reason, and also because there are complex and constantly changing state and federal regulations affecting city employees, it would be unwise, inefficient and impractical to attempt to incorporate all details of personnel policies in an ordinance, resolution or motion of the city council. Thus, the city council expressly authorizes and directs the mayor to adopt such additional or clarifying personnel policies by administrative actions. Such policies shall be in accordance with this chapter and shall be for the purpose of carrying out the goals and policies of this chapter. Such personnel policies shall not create rights in employment, but instead shall implement the personnel policies provided for in this chapter and other applicable ordinances. The mayor may incorporate personnel policies into a handbook or other informational document for employee use.
(1) Nothing in any handbook, manual or other informational document shall, nor shall any oral promises, assurances or other statements by city employees, officers or agents, be binding upon the city in personnel matters.
(2) The city reserves the right to modify personnel policies at any time and the same shall not be construed as guaranteeing or promising contract or property rights in employment with the city. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.055 Management and mayoral support positions.
(1) Employees hired to fill the following appointive offices shall be subject to the direction and supervision of the mayor, and are not covered by the grievance, disciplinary action and appeals provisions of this chapter. Persons employed in these appointive positions shall be “at will” employees of the city and may be terminated from the city’s employment at the mayor’s discretion.
(a) City administrator;
(b) Finance director;
(c) City attorney;
(d) Chief of police;
(e) Fire chief;
(f) Development services director;
(g) Public works director;
(h) Parks and recreation director;
(i) Executive assistant to the mayor.
(2) Employees holding the above-listed positions shall be offered employment contracts which shall govern the terms and conditions of their employment, including the terms of service, compensation and any severance pay allowance. The mayor is authorized to enter into employment contracts with employees holding the above-described appointive offices; provided, however, that before any such contract or specific contract terms are offered, the content of the same shall first be approved by the city council.
(3) All other positions are “for cause” (as defined in the Oak Harbor Municipal Code) to focus greater attention on monitoring employee work activity results, the evaluation of employee performance to determine the level of achievement goals, and using performance information to make decisions, allocate resources and communicate whether or not objectives are met. (Ord. 1957 § 2, 2022; Ord. 1811 § 1, 2017; Ord. 1678 § 1, 2013; Ord. 1654 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.060 Human resources director – Appointment – Duties.
(1) The “director” or the “human resources director” as those terms are used in this chapter shall mean the human resources director, who, under the direction of the city administrator, shall administer the provisions of this chapter and any personnel rules and regulations adopted pursuant to delegation under this chapter.
(2) The director shall advise and consult with city department heads and supervisors on all disciplinary, benefit, compensation, workplace and labor matters. Department heads and supervisors shall provide the human resources director with a copy of all such actions taken concerning individual employees and bargaining units.
(3) The director shall be the custodian of all official employee records on behalf of the city, including medical records, and shall maintain confidentiality of those records to meet the requirements of state and federal law. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.070 Recruitment and hiring.
(1) It is the policy of the city of Oak Harbor that employees shall be selected on the basis of merit and fitness to perform the duties of the position for which the employee is hired. The city is an equal opportunity employer and shall not discriminate against any employee or applicant for employment on any grounds prohibited by state or federal law including race, creed, color, national origin, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability; as provided by state or federal law.
(2) The mayor and/or mayor’s designee and human resources director are directed to develop hiring and recruitment procedures and practices to implement this policy. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.080 Compensation.
(1) It is the policy of the city of Oak Harbor to pay adequate levels of compensation to city employees. Providing adequate compensation to city employees promotes productivity, reduces turnover, and improves the city’s ability to attract and retain qualified personnel to carry out the functions of city government. Compensation levels should reflect the market for such personnel in the region.
(2) The human resources director is directed to develop a wage and salary schedule for all regular positions within city government. The human resources director shall prepare a current wage and salary schedule for presentation to the city council for consideration and adoption at the time of the adoption of the biennial budget. The wage and salary schedule, together with the current description of all regular positions within city employment to be known as “the classification plan,” shall be adopted as part of the biennial salary ordinance.
(3) Where wages and salaries are established through collective bargaining agreements, compensation for employee-members of each collective bargaining unit shall be reflected in the wage and salary schedule in conformity with the applicable collective bargaining agreements. This chapter shall not impair any obligations of the city under present or future collective bargaining agreements.
(4) At the time of adoption of the wage and salary schedule, the city council shall decide whether to set a cost of living adjustment (COLA) for regular employees not subject to collective bargaining agreement. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.085 Health insurance benefits.
(1) It is the policy of the city of Oak Harbor to provide health insurance benefits to its employees at a level which is comparable to benefits provided by other local municipal governmental entities in the state of Washington. Health insurance benefits for city employees promote the health and well-being of city employees, reduce the use of sick leave, and promote employee retention.
(2) The level of benefits offered to city employees shall be established by the city council through the biennial salary ordinance. Part-time employees working less than 20 hours per week shall not be entitled to health care benefits unless otherwise provided in an employment contract. The human resources director shall prepare the benefit plan for city council approval.
(3) Because an active wellness program has been shown to reduce employee use of sick leave, improve productivity and reduce the need for health care services, the city council authorizes the participation of the city of Oak Harbor in the wellness program offered by the city’s health care administrator. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.090 Hours of work.
(1) For purposes of the Fair Labor Standards Act and the Washington Minimum Wage Act, the city of Oak Harbor declares the work period to be 40 hours, Monday through Sunday, for all regular employees, except police and fire department employees. The work period for police and fire employees shall be established in their respective collective bargaining agreements.
(2) The human resources director and the finance director are directed to establish work hour recording and compensation procedures to comply with state and federal law. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.100 Leave.
(1) It is the policy of the city of Oak Harbor to comply with all state and federal leave laws. The human resources director is directed to establish procedures and practices to ensure that the city complies with such laws and can demonstrate compliance.
(2) It is the city’s policy to coordinate leave granted to city employees with leave requirements of state and federal law so that city-granted leave is counted towards fulfillment of any state and federal requirements. The human resources director is directed to establish procedures and practices to coordinate city-granted leave with state and federal requirements; to minimize conflicts; and to maximize credit of city-granted leave towards state and federal requirements.
(3) Full-time city employees not subject to collective bargaining agreement shall earn vacation and sick leave per month of service. The rate of vacation and sick leave to be earned shall be set in the biennial salary ordinance.
(4) Employees are encouraged to use their vacation leave in the year it is earned. The mayor/designee and human resources director shall establish rules for maximum accrual and use of both sick and vacation leave. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.105 Disciplinary action.
(1) It is the policy of the city of Oak Harbor to uphold high standards of customer service and professionalism in the performance of city functions and services. Employees are expected to follow the standards of conduct established for the city, their departments and their positions. The human resources director is directed to establish standards of conduct for city employment and to work with department directors to establish departmental and position-related standards of conduct.
(2) A covered employee is subject to disciplinary action when, in the opinion of the department head, disciplinary action is necessary for the good of the city or when an employee has violated any standards of conduct established by the city or the department director.
(3) The city may impose upon any covered employee any disciplinary action or form of discipline which the department head or, in the case of a management employee, the mayor finds appropriate given conduct of the employee. There shall be no requirement that any specific number or sequence of disciplinary actions be followed. However, the administrator shall establish procedures which provide for progressive discipline of covered employees for minor, correctable offenses. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.110 Grievances.
(1) It is the policy of the city to resolve covered employee grievances promptly. To that end, the human resources director shall promulgate a grievance procedure to serve as a check on initial disciplinary decision-making. This procedure shall be published and made available to all employees. The procedure shall be internal to the city and shall include an internal appeal to the city administrator. Failure to follow the procedures for a grievance, including the time limits set out in it, shall constitute a waiver of the grievance process and a failure to exhaust administrative remedies.
(2) It is the policy of the city to provide a post-deprivation remedy in the event that a covered employee is dissatisfied with the final decision of the city after the grievance process has been exhausted. This remedy shall be an appeal to the personnel appeals board from the final decision of the city.
(3) An employee who wishes to appeal the final decision of the city after exhaustion of the city’s internal grievance process must file a written appeal with the city administrator or designee no later than 15 days from the date of the city’s written final decision. Such written appeal shall contain:
(a) The name and current address of the employee filing the appeal;
(b) A brief description of the action being appealed with a copy of the final decision of the city, the department in which the employee works or worked, the date of the final written decision and the grounds for the appeal;
(c) The remedy sought;
(d) A telephone number at which the employee may be reached during the pendency of the appeal, which number the employee shall keep current throughout the appeal and whose messaging capabilities shall be sufficient for the city to leave any notices in the employee’s absence.
(4) The written appeal shall be signed and dated by the employee. Failure to substantially comply with these requirements shall result in dismissal of the appeal. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.120 Personnel appeals board.
(1) There shall be a personnel appeals board consisting of three members appointed by the mayor and approved by the city council. Members shall serve four-year terms and may be re-appointed by the mayor and approved by the city council for additional term(s). Members of the personnel advisory board at the time of the adoption of the ordinance codified in this section shall continue to serve on the newly created personnel appeals board through the expiration of their terms of office. No officer, official, or employee of the city or any of their immediate family members may serve on the board. “Immediate family member” as used in this section means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. Members of the personnel appeals board shall live or work in the city of Oak Harbor at the time of appointment. Board members shall be appointed on the basis of knowledge of personnel practices and/or labor relations.
(2) The board shall hear disciplinary appeals by covered employees who have exhausted the internal grievance procedure. The board shall have authority to conduct hearings, administer oaths, direct the appearance of witnesses and adopt procedures for that purpose. The board may adopt rules governing procedures for hearing disciplinary grievances. In the absence of conflicting rules adopted by the board, the following provisions of the Administrative Procedures Act shall apply: RCW 34.05.434, 34.05.437, 34.05.440, 34.05.449, 34.05.452, 34.05.455, 34.05.458, 34.05.461, 34.05.467, 34.05.473, and 34.05.476. The proceedings shall be recorded and the decision of the board shall be in writing.
(3) The mayor shall appoint a secretary for the personnel appeals board.
(4) The board shall meet as needed.
(5) The board shall represent the public interest.
(6) The board shall issue a written decision upon every appeal. Appeal from the decision of the board shall be to the Island County superior court and must be brought within 30 days of issuance of the board’s written decision. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.130 Employment discrimination.
(1) The city of Oak Harbor shall not discriminate against any employee on the basis of being a member of any class protected under state or federal law nor shall the city retaliate against any employee for asserting any rights to be protected from discrimination as prohibited by state or federal law. Allegations of sexual or racial harassment are employment discrimination claims. Employee complaints of prohibited employment discrimination shall be subject to an employment discrimination grievance process. The human resources director shall develop and publish the procedures for the employment discrimination grievance process and post those procedures for ready employee access.
(2) Employment discrimination complaints shall be expedited for prompt and fair resolution and shall be confidential to the extent practicable, consistent with public disclosure laws and due process. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.140 Probationary period.
(1) All new employees shall be appointed subject to a probationary period. The length of the probationary period shall be established at the time of appointment but shall be for a period no shorter than six months nor longer than two years; provided, in any case the department head with the approval of the city administrator may extend the trial period for a period not to exceed an additional six months if the department head finds it is necessary to fully evaluate the employee’s suitability for the position. Determination that a new employee has failed to satisfactorily complete the probationary period is in the sole discretion of the appointing authority.
(2) A regular city employee promoted to another regular position shall serve a probationary period as part of a promotion decision, until the probationary period has been satisfactorily completed; the promoted employee shall be subject to return to his/her prior position if, in the sole discretion of the appointing authority, the promoted employee fails to satisfactorily complete his/her probationary period.
(3) The adoption of the ordinance codified in this chapter shall not change the trial status of current trial employees and they each shall remain on trial status without loss of service time accrued toward regular employee status. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.150 Resignation, layoff and reinstatement.
The personnel policies shall provide for layoff and reinstatement of employees conforming to the following:
(1) Resignations. An employee may resign by filing his reasons with the department head. An employee resigning in good standing may be reinstated to any position in the same class or other class for which he was qualified, if there is need for his services, within one year after his date of resignation.
(2) Layoffs may occur as a result of lack of work, lack of funds, material change in duties or organization, the interests of economy or efficiency, or other causes as determined to be for the good of the city service by the mayor.
(3) The order of layoffs among positions within departments shall be first casual workers, then employees serving a trial period, and then all other employees. Exceptions to this sequence may be made to retain persons with qualifications significant to a particular department.
(4) Within each of the three categories identified in subsection (3) of this section, the order in which employees in a department will be laid off shall be determined by the city, in its sole discretion, based on employee job knowledge, skill and other qualifications; attendance, safety, performance and disciplinary records; the existing and anticipated needs of the department; and the good of the city service. When two employees are equally qualified under such factors, the employee with the most time served since the current date of hire shall be retained.
(5) The names of persons laid off shall be maintained on a reinstatement list. Personnel policies and procedures shall provide for reinstating employees from a reinstatement list. An employee’s name may be maintained on the reinstatement list for up to one year following the employee’s layoff.
(6) As an alternative to layoff, the mayor may demote an employee or authorize part-time employment. Layoffs and substitutions, therefore, are not disciplinary matters. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).
2.34.160 Code of ethics.
(1) Highest standards of professionalism and customer service are expected of city of Oak Harbor employees. The human resources director is directed to incorporate a code of ethics in public service in the standards of conduct that reflect these values.
(2) The code of ethics shall describe and prohibit nepotism, conflicts of interest, and official misconduct by city employees. (Ord. 1678 § 1, 2013; Ord. 1627 § 1, 2012).