Chapter 2.30
PERSONNEL POLICIES
Sections:
2.30.040 Disciplinary actions.
2.30.060 Classification and wage.
2.30.010 General provisions.
A. Purpose. The objective of the personnel ordinance is to facilitate efficient service to the public and provide a personnel management system within the city government which deals with all employees of various departments in an equitable and uniform manner.
B. Affirmative Action Policy. It is the policy of the city of Sultan to promote and assure equal opportunity based on ability and fitness to all persons regardless of race, religion, color, national origin, sex, handicap, age, marital status or political affiliation.
C. Exclusion. This shall not apply to the following personnel: mayor, members of the council, members of commission or boards, reserve police officers, contract personnel, the city attorney and the city administrator.
D. Scope. In cases where this chapter conflicts with collective bargaining contracts and agreements duly agreed upon, the provisions of the contract or regulations shall govern.
E. Conflicts. Nothing in this chapter shall be construed to conflict with, or invalidate state or federal law relating to the subject matter in this chapter. (Ord. 730-99; Ord. 629, 1995; Ord. 514 § 4, 1988; Ord. 448, 1983)
2.30.020 Definitions.
The following words and phrases, when used in this chapter, shall have the following meanings:
A. “City” means the city of Sultan.
B. “Doctor’s certificate” means a form provided by and signed by the doctor stating that an injured or ill employee is now able to return to work.
C. “Employee” means a person occupying a position and being paid a salary or wage by the city.
D. “Immediate family” means spouse and children of the employee, step-children, parents, step-parents, brother, sister, mother or father-in-law, grandmother and grandfather.
E. “Holiday” means the days designated as holidays with pay by the city.
F. “Just cause” means cause supported by evidence.
G. “L.E.O.F.F.” means Law Enforcement Officers and Firefighters Retirement System.
H. “Permanent full-time employee” means any employee appointed to a permanent position for an indefinite period of time, whose normal work week consists of at least 40 hours, and who has successfully completed the probationary period.
I. “Permanent part-time employee” means any employee appointed to a permanent part-time position for an indefinite period of time, whose normal work week consists of more than 20 hours but less than 40 hours and who has successfully completed the probationary period.
J. “Probationary employee” means any employee hired for a position who has not competed the probationary period.
K. “Temporary employee” means an employee hired for a specific purpose or project or for a specific or definite period of time who is compensated with an hourly wage. (Ord. 730-99; Ord. 629, 1995; Ord. 514 § 5, 1988; Ord. 472, 1985; Ord. 448, 1983)
2.30.030 Personnel action.
A. Nepotism Policy. Favoritism in any personnel action (i.e., recruitment or promotion) shall not be shown to relatives of past or present employees. However, a department may hire, transfer, demote, or promote family members if said action is in the best interest of the city.
B. Recruitment. Available positions shall be publicized within the city offices, in the official newspaper, and in accordance with the union contracts and with all prevailing affirmative action guidelines regarding recruitment. Public notice of a position opening shall contain title, wage, job description, minimum qualifications, and the closing date for applications.
C. Probation. New employees shall hold probationary status for a period of 12 months from the date of hire. Probationary employees have no vested status and may be disciplined or terminated under the provisions of SMC 2.30.040 without further recourse.
D. Promotion. Vacancies shall be filled, insofar as is consistent with the best interests of the city, from qualified employees holding permanent positions within the city. Employees who are promoted shall be subject to a probationary period of six months. An employee who fails the probationary period may transfer back to the position held prior to the promotion provided the position is vacant.
E. Transfer. Upon recommendation of the department head or to meet the needs of the city, a transfer may be made. No person may be transferred to a position for which they do not possess the minimum qualifications. A probationary period shall not be used to circumvent regulations regarding promotions, demotions or terminations.
F. Demotions. No employee shall be demoted to a position for which they does not possess minimum qualifications. Any employee may be demoted:
1. When their standard of performance falls below an acceptable level;
2. When the employee becomes physically or mentally incapable of performing the duties of their position;
3. For disciplinary purposes;
4. In lieu of layoff;
5. At the employee’s request; or
6. When an employee fails to obtain required certifications within the specified time period.
G. Suspension. An employee may be suspended without pay by the mayor as specified in SMC 2.30.040. Authority to suspend may be delegated to the department head as specified in SMC 2.30.040(C). An employee must be provided with written notice, within a reasonable period of time, as to the reasons for and the duration of the suspension. If an investigation proves that the decision for suspension was made in error or misunderstanding, the employee may be reinstated and shall be reimbursed for wage loss due to suspension.
H. Resignation. An employee shall give at least two weeks’ written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the department head. Termination and vacation benefit pay shall be forfeited if written notice is not given or waived.
I. Retirement Systems. Except for members of the L.E.O.F.F. retirement system, all permanent full-time and qualified part-time employees must belong to the Public Employees Retirement System (PERS). Police officers’ membership shall be as specified by the L.E.O.F.F. system.
J. Exit Interview. An exit interview shall be conducted by the mayor with all employees resigning from city employment. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)
2.30.040 Disciplinary actions.
A. Authority of the Mayor. Nothing in this section shall be construed in any way as limiting the authority of the mayor under RCW 35.27.070 to appoint and remove employees of the city, except members of the city council and its advisory boards, commissions and those employees covered by civil service commission. Whenever a disciplinary action or termination becomes necessary, the mayor has the power to discipline or terminate, and will do so for just cause.
B. Just Cause. Continued employment with the city shall be contingent upon availability of funds, fitness of the employee to perform the duties required of the position, and upon satisfactory performance of these duties. Employees of the city may be subject to disciplinary action or termination for the following reasons:
1. Misrepresentation or withholding of pertinent facts in securing employment;
2. Unauthorized use or possession of the city facilities or property; unauthorized use of position for personal gain or advantage; accepting unlawful gratuities or bribes; lying;
3. Violation of the city’s telephone use policy;
4. Failure to report an occurrence causing damage to the city, citizen or public property; failure to properly secure the city’s facilities or property;
5. Loitering after completion of your scheduled workday which results in the disruption of the city’s business or the work effort of other employees;
6. Unauthorized operation or use of machines, tools or equipment to which the employee has not been specifically assigned or trained to use;
7. Habitual lateness for work; absence without proper notification to immediate supervisor; excessive absenteeism, or insufficient reasons for absenteeism; loitering, goofing off, or failing to assist others in work situations;
8. Making malicious, false or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of the city or an employee, on or off premises;
9. Disorderly conduct, including fighting on the premises; rudeness, discrimination, intimidation, coercion, use of obscene language, gesture or lack of courtesy to the public or fellow employees; immoral conduct while on duty;
10. Intentional falsification of records/ paperwork required in the transaction of city business;
11. Inability, inefficiency, negligence, or insubordination, including refusal or failure to perform assigned work;
12. Failure to observe safety practices, rules, regulations and instructions; negligence that results in injury to others;
13. Failure to promptly report to your immediate supervisor an on-the-job injury or accident involving an employee, equipment, property or other persons;
14. Dishonesty or theft, including deliberate destruction, damage, or removal of the city’s or other’s property from the premises or any job site.
15. Incompetence, inefficiency, inattention to or dereliction of duty;
16. Mental or physical unfitness to perform the duties of the position held by the employee even considering reasonable accommodation as required by ADA;
17. Conviction of a felony or a misdemeanor which could adversely impact the employee’s ability to effectively and efficiently perform the duties of their position;
18. Refusal to take a breath or blood test when required in accordance with the drug and alcohol testing policy;
19. Any violation of the provisions of the city’s personnel policies.
C. Disciplinary Procedures. There are four general methods of discipline that may be applied to employees who have violated the rules, policies, standards or principles established for the purpose of maintaining order and integrity.
1. Level 1 – Oral Warnings. Oral warnings shall be used for minor offenses which occur occasionally. The supervisor may call the employee aside to privately discuss the offense and warn the employee not to repeat the behavior. The employee should be informed that an oral warning is being administered and that they are being given an opportunity to correct the condition. If the condition is not corrected, the employee will be subject to more severe disciplinary measures. The supervisor will document the warning and keep it in the employee’s personnel file for six months.
2. Level 2 – Written Reprimand or Warning. Written reprimands are used initially for more serious problems or offenses, or for repeated incidents where an oral warning has failed to correct unacceptable behavior. The supervisor will discuss the warning notice with the employee to be certain that the employee understands the reasons for the disciplinary action. The employee will receive a signed letter from their supervisor listing the violations or failures of the employee and the corrective action to be taken to avoid further discipline. Copies of the written reprimand will be placed in the employee’s personnel file. If the letter specifies that the letter may be removed if there are no further occurrences, the employee may request the removal of the written reprimand at the end of the time frame specified.
3. Level 3 – Disciplinary Suspension. An employee will be suspended without pay when the offense is of a serious enough nature (usually sufficient for discharge) or for continuing violations after the employee has received a written warning and has not made an adequate effort to improve performance, but when circumstances related to an employee’s overall performance do not warrant immediate discharge.
Suspension is generally the most severe form of discipline given by a supervisor short of termination. It should be applied only after thorough evaluation by the department head or mayor.
The supervisor shall state in writing the facts leading to the reason for the disciplinary suspension and the duration and terms of the suspension. The employee shall receive a copy of the written documentation of the disciplinary action and the supervisor shall make sure that the employee is fully aware of the reasons for the action. A copy of the written notice of suspension shall be placed in the employee’s personnel file.
Investigatory suspensions with or without pay may be used in cases where it is necessary to investigate a situation to determine what further disciplinary action may be warranted. This suspension allows the supervisor to determine an appropriate course of action when the situation is serious enough for the employee to be removed from the work environment.
If after investigation it is determined that the employee was not guilty of any violation, he/she shall be returned to work and paid for any lost time. If the employee is found in violation, the appropriate disciplinary action will take effect on the date that the investigatory suspension began if such suspension was without pay.
4. Level 4 – Discharge. Discharge is the most severe discipline and should be reserved for the most serious offenses or for repeated offenses of a less serious nature. Discharge must be approved by the mayor.
These disciplinary measures are not exclusive. Other or additional discipline may be administered with the consent of the department head according to the nature and circumstances of the offense and the needs of the department. Any disciplinary action of a regular employee taken by a supervisor may be appealed by the employee using the grievance procedures contained in either the union contract, personnel ordinance, civil service, or this policy. An employee must choose which process and such election shall be considered a waiver of any right to pursue under grievance procedures. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)
2.30.050 Grievance procedure.
A. Definition. A “grievance” means a claim or dispute by an employee with respect to the interpretation, meaning, or application of the provisions of this chapter or any action which he or she feels may affect his/her employment adversely.
B. Purpose. An employee may resort to grievance procedures for any decision or action by the employer which he or she feels may affect his or her employment adversely. Employees that have more than one source of dispute resolution must determine the proper grievance process they should use. Under no circumstances shall an employee be permitted to utilize more than one process.
C. Procedure. The following grievance procedures apply unless other procedures are provided for by state law, as in the case of the uniformed employees, union contract, or any other which offers a grievance procedure are used:
1. If an employee feels he or she has a justified complaint or problem, he or she must discuss this problem with his or her supervisor;
2. If the problem is not resolved through discussions with the supervisor, a grievance must be filed in writing by the employee to the employer within 10 working days of the occurrence of the incident producing the dispute or grievance;
3. If, within five working days after receiving the written response from the supervisor, the employee believes that his or her problem has not been resolved to his or her satisfaction, the employee and the immediate supervisor shall submit to the mayor written reports outlining the complaint and the circumstances surrounding it. The mayor shall reply in writing to the parties regarding the complaint within five working days;
4. If the employee feels that his or her complaint is not fairly resolved by the mayor, he or she may submit an appeal within five working days;
5. The mayor may request that the personnel committee immediately investigate the employee’s complaint and attempt to resolve the dispute within a reasonable time period not to exceed 15 days or the mayor may request arbitration by an outside third party;
6. Any party aggrieved by the final decision may file a petition for review in an appropriate court of law. Such petitions shall be filed within 15 days of date of receipt of the final decision;
7. No punitive action shall be carried out against any employee for utilizing the grievance procedures contained herein. (Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)
2.30.060 Classification and wage.
A. Creation and Maintenance of Classifications. Position classifications shall be prepared and maintained in such a way that the classifications and wage range reflect the current duties and responsibilities of all positions within the city.
B. Reclassification of Positions. Significant changes in the duties and responsibilities of any position with the city shall result in an evaluation of the position and possible reclassification based on such changes.
C. Salary/Wage Range. Preparation of the current range shall be based upon the classification resulting from the evaluation of duties and responsibilities. Any change in salary/wage range must be made on the same basis.
D. Overtime. Hourly employees’ overtime shall be compensated at the rate of one and one-half times the employee’s regular straight time hourly rate of pay. Except in an emergency, all overtime shall be authorized by the employee’s supervisor in advance. Overtime hours shall be based on hours worked. (Ord. 1360-21 § 1; Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)
2.30.070 Hours of work.
A. General Personnel. The normal work week shall consist of five consecutive days and shall average 40 hours per week.
B. Police Personnel. Shift work will be assigned and varied to meet the needs of the city.
C. Breaks. Employees are entitled to one 15-minute break in the morning and afternoon. Breaks for office employees should be taken in designated areas and field employees should take their breaks on or near the job site. Authorized breaks must be arranged so as not to interfere with city business. Business shall not be interrupted simply because it is break time. Misuse of break privileges shall be subject to disciplinary action.
D. Meal Periods. Employees other than police officers shall receive a meal period which shall be on the employee’s own time and which shall commence no less than three nor more than five hours from the beginning of the work shift. The meal period for such employees shall not be more than 60 minutes. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)
2.30.080 Vacation.
A. Eligibility. All permanent employees whose normal workweek totals 20 or more hours are eligible to accrue vacation benefits. New employees will accrue vacation benefits from their respective employment dates. New employees shall not be eligible to use the accrued vacation until completion of six months of continual service with the city.
B. Accrual Basis. Vacation accrual shall be computed for paid straight time hours only. The schedule set out in Table I shall apply. Employees who work less than eight hours per day shall accrue vacation on a pro rata basis. Employees are expected to make a valid effort to use the full amount of their annual vacation accrual during each service year.
C. General Requirements. An employee may accrue a maximum of two years worth of vacation leave based on the employee’s current accrual rate. In the event an employee reaches the maximum vacation accrual, the employer shall notify the employee of such. Except in an emergency situation, employees shall request vacation time, in writing, at least two weeks in advance. Vacation time must be approved, in writing, by the employee’s department head. In the case of department heads, the vacation time must be approved, in writing, by the mayor.
D. Repealed by Ord. 1122-11.
E. Termination of Employment. Termination of employment with the city shall have the following effect regarding accrued but unused vacation balance held by any employee at the date of termination:
1. An employee with less than six months current employment with the city shall forfeit all vacation accrued at date of termination and shall not be paid by the city for such accrual.
2. As an exception to subsection of (E)(1) of this section, an employee with less than six months employment with the city who is terminated because of lack of work shall be entitled to reinstate any previously accrued vacation balance if he/she is rehired at a future date. Such employee, for purposes of determining length of employment under subsection B of this section, shall receive full credit for prior service.
3. Upon termination of employment, any employee who has completed six or more months current service with the city shall be paid (at their then current rate) the money equivalent of any accrued but unused vacation balance which exists at the date of termination. Any unused vacation at the date of termination shall be paid at their termination rate of pay. A terminating employee’s final day worked shall be the date of their termination.
F. Leave of Absence. The money equivalent of unused vacation shall not be paid to any employee departing on or during a leave of absence, except in the event of an extended military leave of absence.
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Table 1 (Vacation accrual for full-time employees) |
||
|---|---|---|
|
Years of Continuous Service |
Monthly |
Annually |
|
Beginning of 1 |
6.67 hours |
80 hours |
|
Beginning of 2 |
7.00 hours |
84 hours |
|
Beginning of 3 |
7.33 hours |
88 hours |
|
Beginning of 4 |
7.66 hours |
92 hours |
|
Beginning of 5 |
9.33 hours |
112 hours |
|
Beginning of 6 |
9.66 hours |
116 hours |
|
Beginning of 7 |
10.00 hours |
120 hours |
|
Beginning of 8 |
10.33 hours |
124 hours |
|
Beginning of 9 |
10.66 hours |
128 hours |
|
Beginning of 10 |
12.33 hours |
148 hours |
|
Beginning of 15 |
14.00 hours |
168 hours |
|
Beginning of 20 |
15.33 hours |
184 hours |
(Ord. 1133-12 § 1; Ord. 1122-11 § 1; Ord. 776-01; Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)
2.30.090 Sick leave.
A. Accumulation. All permanent employees whose normal work week totals 20 hours or more may be granted sick leave with pay for illness or injury. Sick leave shall be accrued at a rate of eight hours for each calendar month of the employee’s service, but not to exceed a maximum of 960 hours. This section shall not apply to employees hired under LEOFF I.
B. Eligibility. Sick leave shall be available to permanent employees. Sick leave shall be granted for the following reasons:
1. Personal illness or physical incapacity resulting from causes beyond the employee’s control.
2. Serious illness or death in the immediate family. Leave shall not exceed three days; except, in cases where travel distance is excessive, two additional days may be granted by the mayor.
3. Medical or dental appointments.
4. Sick leave may be granted for one day in order to attend the funeral of a family member or for other persons with the approval of the department head.
C. Notification. Any employee on sick leave shall notify their immediate supervisor of the fact. Failure to do so within one hour after commencement of the normal work shift may be cause for denial or paid sick leave for the period of absence.
D. Repealed by Ord. 1122-11.
E. Repealed by Ord. 1122-11.
F. Doctor’s Certificate. After three consecutive days and/or at the discretion of the department head, certification of illness by a doctor may be required for approval of sick leave with pay. Certification establishing the date on which an employee was able to return to work may also be required.
G. Abuse. Abuse of sick leave privileges shall be cause for dismissal. (Ord. 1133-12 § 2; Ord. 1122-11 §§ 2, 3, 4; Ord. 776-01; Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)
2.30.095 Payroll records.*
Official payroll records are kept by the city clerk/treasurer. Each department head shall turn in to the clerk/treasurer on a biweekly basis a signed record of sick leave and/or vacation taken by employees of their respective department. (Ord. 776-01)
*Code reviser’s note: Ordinance No. 776-01 sets out these provisions as Section 2.30.100. The section has been editorially renumbered to prevent duplication of numbering.
2.30.100 Holidays.
A. Holiday Schedule. Employees shall be granted the following holidays with pay:
|
|
Holiday |
Date to be observed: |
|---|---|---|
|
1. |
New Year’s Day |
January 1 |
|
2. |
Martin Luther King Jr. Birthday |
3rd Monday in January |
|
3. |
President’s Day |
3rd Monday in February |
|
4. |
Memorial Day |
Last Monday in May |
|
5. |
Independence Day |
July 4 |
|
6. |
Labor Day |
1st Monday in September |
|
7. |
Veteran’s Day |
November 11 |
|
8. |
Thanksgiving Day |
4th Thursday in November |
|
9. |
Day after Thanksgiving Day |
4th Friday in November |
|
10. |
Day before Christmas |
December 24 |
|
11. |
Christmas Day |
December 25 |
|
12. |
Floating Day |
As approved |
B. Holidays Occurring on Weekends. Any regular holiday which falls on a Saturday shall be observed on the preceding Friday and any regular holiday which falls on a Sunday shall be observed on the following Monday.
C. Uniformed Personnel. Full-time police officers may be granted “holiday” vacation hours in lieu of the above holidays. Vacation days shall be approved in the best interests of the city within 12 months of the worked holiday. Such vacation hours shall accrue as the holidays set forth in subsection (A) of this section occur at the rate of eight hours per holiday. In lieu of accruing vacation hours, a police officer has the option to receive eight hours’ holiday pay during the pay period in which the holiday occurs. (Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)
2.30.110 Other leave.
A. Jury Duty. An employee who is required to serve on a jury or is required to appear before a court shall be allowed authorized leave with pay less any amount received for such service. Documentation from the court of payment received shall be required.
B. Leave Without Pay. Upon prior approval by the mayor, leave without pay may be granted for a period not to exceed 15 working days for illness, injury or additional vacation.
C. Leave of Absence. Upon the request by the employee, the mayor may grant a leave of absence without pay for the period of not less than three weeks and not more than 12 months. Approval of such leave shall be in writing and signed by the mayor. No vacation or sick leave benefits or other fringe benefits shall be accrued while an employee is on leave of absence. The employee’s anniversary date will be adjusted by the length of the leave granted. Any employee on approved leave of absence may continue their medical insurance coverage by paying the full cost to the city in advance for each month of the leave of absence.
D. Maternity Leave. Maternity leave shall be granted in accordance with sick leave benefits. If additional time is requested, leave of absence without pay or fringe benefits may be granted as described in SMC 2.30.090(B) and (C).
E. Military Leave. In accordance with RCW 38.40.060, military leave of absence shall be granted for a period not to exceed 15 days during each calendar year. Such leave shall be granted in order that the person may take part in active training duty in such manner and at such time as they may be ordered to active duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges or pay. During the period of military leave, the officer or employee shall receive from the city their normal pay.
F. For non-represented employees, in the event of a death in the employee’s immediate family, the employee shall be granted use of up to three days of leave with pay, which shall not be deducted from the employee’s sick leave, vacation leave or other leave balance. For purposes of this section only, “immediate family” is defined as spouse and children of the employee, step-children, parents, step-parents, brother, sister, mother- and father-in-law, brother- and sister-in-law, daughter- and son-in-law, grandmother, grandfather, grandchildren, aunts, uncles, or any person legally dependent upon the employee. (Ord. 1122-11 § 5; Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)
2.30.120 Management rights.
In matters not covered specifically by language within this chapter, the mayor or the city council shall have the clear right to make decisions in such areas, on a unilateral basis, and such decisions shall not be subject to the grievance procedure. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)
2.30.130 Gifts and favors.
A. It is the policy of the city that no employee may give or accept gifts or favors of value in their business relationships with firms or persons with whom the city does business, except that the following may be accepted, however the practice is discouraged by the city of Sultan:
1. Certain business courtesies, such as payment for a modest lunch or dinner in connection with a business meeting;
2. Advertising novelties of no appreciable value which are widely distributed to others under essentially the same business relationship with the donor.
B. Nothing in this section shall be construed to permit, condone or allow any activity or practice prohibited by Chapters 42.20 or 42.34 RCW relating to conflicts of interest, improper practices and codes of ethics for public officials and employees. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)
2.30.140 Other provisions.
This chapter shall not be construed to deny any eligible employees their benefits under existing union contracts. (Ord. 730-99; Ord. 629, 1995)
2.30.150 Severability.
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. (Ord. 730-99)