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HomeMy WebLinkAbout23-010 Adopting a Telecommuting Policy for City StaffResolution 23-010 RESOLUTION NO. 23-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING A TELECOMMUTING POLICY FOR CITY STAFF WHEREAS, many Port Townsend staff members successfully worked from home during the Covid-19 pandemic; and WHEREAS, telecommuting is becoming the standard for office workers; and WHEREAS, allowing City staff to telecommute benefits the City, City staff, and the environment by reducing stress, reducing commuting trips, and increasing productivity; and WHEREAS, telecommuting is also a recruiting and retention tool; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend as follows: Section 1, The City Council adopts the City of Port Townsend Telecommuting Policy in substantially the same format as in the attached Exhibit "A." This policy supersedes the "Telecommuting" paragraph in subsection 4.2 of the City's Personnel Policy Manual. Section 2, The City Manager is authorized to take administrative actions consistent with this Resolution. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 17th day of January 2023. M � David J Fabe r Mayor Attest: Approved as to form: .. ► .. ........... ....... Al ssa L odz igff l lccli C:c no d City Clerk City Attorney TELECOMMUTING POLICY OBJECTIVE The City of Port Townsend considers remote work and flexible or alternate work schedules to be a viable work option when both the employee and the job are suited for such an arrangement. Remote work and flexible/alternate work schedules may be appropriate and approved for some employees orjob situations, but not for others. When appropriately applied, telecommuting may allow a more effective use of workspace, improve productivity for certain jobs/employees and aid in reducing stress on employees in a variety of ways, including a reduction in commuting trips to and from work. This policy does not replace nor supersede employee rights in ADA or FMLA related circumstances or other federal and state laws. This policy is in addition to any telework arrangements as part of the City's response to a proclamation of emergency or disaster due to a pandemic. At the City's Request or Direction: the City may request or direct an employee to telecommute for reasons including, but not limited to, emergency conditions and workspace constraints. When possible, the City will seek for the telecommuting arrangement to be by mutual agreement. In this case, no special action is required by the employee. Remote work and flexible/alternate work schedules are not a City-wide benefit, and in no way change the terms and conditions of employment with the City of Port Townsend. ELIGIBILITY Telecommuting can be informal, such as working from home for a short-term project or on the road during business travel, or a formal, set schedule of working away from the office as described below. Either an employee or a supervisor can suggest telecommuting as a possible work arrangement. Before entering into any telecommuting agreement, the employee and manager, with the assistance of the human resource department, will evaluate the suitability of such an arrangement, reviewing the following areas: • Job responsibilities. The employee and manager will discuss the job responsibilities and determine if the job is appropriate for a telecommuting arrangement. • Equipment needs, workspace design considerations and scheduling issues. The employee and manager will review the physical workspace needs and the appropriate location for the telework. To be eligible, an employee must: • Have job duties that are not required to be performed at City's facilities. • Not been subject to a Performance Improvement Plan, employment investigation that resulted in disciplinary action, or any other disciplinary action involving a written reprimand or greater, either currently or in the previous 9 -month period prior to the telecommuting request. Any telecommuting arrangement made will be on a trial basis for the first three months and may be discontinued at will and at any time at the request of either the telecommuter or the City. Every effort will be made to provide 15 days' notice of such change to accommodate commuting and other issues that may arise from the termination of a telecommuting arrangement. There may be instances, however, when no notice is possible. PROCESS Any employee requesting to work remotely on an ongoing basis will need to complete a telecommuting Request Form. It is strongly suggested that the employee confer with their supervisor before proceeding with a telecommuting request, so the appropriate criteria may be established and provided as part of the formal request. The requesting employee's supervisor will aim to respond to the employee's request to telecommute withing five (5) working days of the request by either advancing the request to the next level or discussing with the employee the reasons why the request is not approved. If the employee and manager agree, and the human resource department concurs, a draft telecommuting agreement will be prepared and signed by all parties, and a three-month trial period will commence. If an employee has previously demonstrated their ability to effectively work from home, the three-month probation period can and should be waived productively and effectively. When telecommuting is requested by the employee, the City will consider the request utilizing the following criteria and factors: • The needs of the position, department, and the City; • The employee's past and present levels of performance, including dependability, self -initiative, self-sufficiency and the ability to work unsupervised; • Whether the employee's department will be adequately staffed to meet minimum customer service demands; • Whether the employee can participate (even through remote means) in necessary meetings and communications, including email, during regular City hours; • Whether the performance of the employee's duties is dependent upon the location of their workplace. The City Manager or designee reserves and retains the discretion to waive or modify eligibility criteria and factors depending on individual circumstances. EXPECTATIONS The telecommuting work schedule will be determined between the employee and supervisor. In general, the regular schedule will include a minimum of two_days per week working at the City onsite work location. Requirements for in-person attendance and/or events, or any emergent business needs can override telecommuting schedules at the supervisor's direction. In addition, telecommuters are expected to: • Give extra attention to reasonable accessibility. Regular check -ins could be determined in coordination with supervisor. • Provide satisfactory and timely work products. • Accurately report time. • Maintain a safe and comfortable telecommute workspace, including provision of reliable network access. • Take breaks and meal periods as authorized. An appropriate level of communication between the telecommuter and supervisor will be agreed to as part of the discussion process and might be more formal during the trial period. After conclusion of the trial period, the manager and telecommuter will communicate at a level consistent with employees working at the office or in a manner and frequency that is appropriate for the job and the individuals involved. EQUIPMENT The City will not be responsible for costs associated with the setup of a remote office, such as remodeling, furniture, lighting, repairs, or modifications. Employees are to use City -issued devices for remote work, in the event of equipment failure or service interruption, the employees must notify the employer immediately to discuss alternate assignments or other options. On a case-by-case basis, the City will determine, with information supplied by the employee and the supervisor, the appropriate equipment needs (including hardware, software, modems, phone and data lines and other office equipment) for each telecommuting arrangement. Equipment supplied by the City will be maintained by the City. The City accepts no responsibility for damage or repairs to employee - owned equipment. Equipment supplied by the City is to be used for business purposes only. Upon termination of employment, all City property will be returned to the City, unless other arrangements have been made. The City will supply the employee with appropriate office supplies (pens, paper, etc.) as deemed necessary. SECURITY Remote work employees are expected to ensure the protection of property and records consistent with the City's expectations of information security for employees working at the office. Such safeguards include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment. Employees must immediately notify their Supervisor if they suspect a breach in physical or informational security. SAFETY Employees are expected to maintain their remote workspace in a safe manner, free from safety hazards. Telecommuters injured during the course and scope of performing their official duties during the agreed-upon work hours are covered under the state's workers' compensation laws. Telecommuters are required to notify their supervisor immediately and complete the necessary forms if injured while telecommuting. The employee is liable for any injuries sustained by visitors to their home worksite. TIME WORKED Telecommuting employees who are not exempt from the overtime requirements of the Fair Labor Standards Act will be required to accurately record all hours worked. Hours worked more than those scheduled per day and per workweek require the advance approval of the telecommuter's supervisor. Failure to comply with this requirement may result in the immediate termination of the telecommuting agreement. AD HOC TELECOMMUTING Temporary telecommuting arrangements may be approved for circumstances such as inclement weather, special projects or business travel. These arrangements are approved on an as -needed basis only, with no expectation of ongoing continuance. Other informal, short-term arrangements may be made for employees on family or medical leave to the extent practical for the employee and the City and with the consent of the employee's health care provider, if appropriate. All informal telecommuting arrangements are made on a case-by-case basis, focusing first on the business needs of the City.