HomeMy WebLinkAboutPersonnel Policies Manual rev. 2023
Personnel Policies Manual
November 8, 2011
(Approved by Resolution 11-030)
Revised July 18, 2016
(Approved by Resolution 16-032)
Revised November 6, 2017
(Approved by Resolution 17-051)
Revised December 2, 2019
(Approved by Resolution 19-091)
Revised January 18, 2022
(Approved by Ordinance 3284)
Revised November 20, 2023
Table of Contents
SECTION PAGE
CHAPTER 1 PURPOSE AND SCOPE ........................................................................... 1
1.1 INTRODUCTION ....................................................................................... 1
1.2 INTENT OF POLICIES .............................................................................. 1
1.3 SCOPE OF POLICIES ............................................................................... 1
1.4 CHANGING THE POLICIES ...................................................................... 2
1.5 DEFINITIONS ............................................................................................ 2
CHAPTER 2 GENERAL POLICIES, PRACTICES AND EMPLOYEE CONDUCT ......... 6
2.1 GENERAL CODE OF CONDUCT ............................................................. 6
2.2 EQUAL EMPLOYMENT OPPORTUNITY .................................................. 7
2.3 DISABILITY DISCRIMINATION PROHIBITED .......................................... 7
2.4 LIFE THREATENING/COMMUNICABLE DISEASES ................................ 7
2.5 ANTI-HARASSMENT ................................................................................. 8
2.6 SEXUAL HARASSMENT PROHIBITED .................................................... 9
2.7 DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE ............ 10
2.71 ANTI-RETALIATION ................................................................................ 12
2.8 EMPLOYEE PERSONNEL RECORDS ................................................... 13
2.9 EMPLOYMENT REFERENCES AND VERIFICATION OF EMPLOYMENT14
2.10 EMPLOYEE APPEARANCE AND BEHAVIOR ........................................ 14
2.11 EMPLOYEE ISSUES ............................................................................... 15
2.12 EMPLOYEE SAFETY, RECOGNITION AND WELLNESS PROGRAMS 15
2.13 BREASTFEEDING POLICY .................................................................... 16
CHAPTER 3 RECRUITMENT, APPLICATIONS, AND SELECTION ........................... 17
3.1 RECRUITMENT ....................................................................................... 17
3.2 NEW HIRE SELECTION .......................................................................... 18
3.3 TEMPORARY EMPLOYEES ................................................................... 21
3.4 TRIAL PERIOD ........................................................................................ 22
3.5 GENERAL PROVISIONS FOR APPOINTMENT ..................................... 23
3.6 EMPLOYMENT OF RELATIVES (NEPOTISM) ....................................... 23
3.7 PROMOTIONS ........................................................................................ 24
CHAPTER 4 HOURS AND ATTENDANCE ................................................................. 25
4.1 WORK DAYS AND WORK WEEK ........................................................... 25
4.2 HOURS OF WORK AND OVERTIME ...................................................... 25
4.3 COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES ................ 28
4.4 ALTERNATIVE REGULAR SCHEDULE .................................................. 28
4.5 ATTENDANCE ........................................................................................ 29
4.6 EMERGENCY CONDITIONS .................................................................. 30
4.7 BREAKS AND MEAL PERIODS .............................................................. 31
4.8 CALL BACK ............................................................................................. 31
4.9 PAYROLL RECORDS ............................................................................. 32
CHAPTER 5 COMPENSATION ................................................................................... 33
5.1 PURPOSE ............................................................................................... 33
5.2 COMPENSATION PHILOSOPHY ........................................................... 33
5.3 COMPENSATION GOALS ...................................................................... 33
5.4 MARKET DEFINITION ............................................................................. 34
5.5 MARKET COMPETITIVENESS ............................................................... 34
5.6 SALARY CLASSIFICATION AND GRADES ............................................ 34
5.7 JOB DESCRIPTIONS AND RECLASSIFICATION .................................. 35
5.8 PAY RATES ............................................................................................. 35
5.9 MARKET ANALYSIS; EMPLOYEE BENEFITS AND RECOGNITION
COMMITTEE ........................................................................................... 37
5.10 PAYDAYS ................................................................................................ 38
5.11 DEDUCTIONS ......................................................................................... 38
5.12 REPORTING COMPENSATION ISSUES ............................................... 39
5.13 TRAVEL EXPENSE REIMBURSEMENT ................................................. 39
5.14 COMPENSATION FOR TRAVEL TIME ................................................... 42
5.15 COMPENSATION UPON TERMINATION ............................................... 43
CHAPTER 6 PERFORMANCE ASSESSMENTS AND TRAINING .............................. 44
6.1 PERFORMANCE ASSESSMENTS ......................................................... 44
6.2 TRAINING ................................................................................................ 45
6.3 TUITION REIMBURSEMENT .................................................................. 45
6.4 EMPLOYEE TRAINING AND TUITION OBLIGATIONS .......................... 46
CHAPTER 7 BENEFITS ............................................................................................... 47
7.1 RETIREMENT BENEFITS ....................................................................... 47
7.2 DISABILITY BENEFITS AND WORKERS COMPENSATION ................. 47
7.3 RETURN TO WORK – LIMITED DUTY ASSIGNMENTS ........................ 49
7.4 INSURANCE BENEFITS ......................................................................... 51
7.5 CONTINUATION OF INSURANCE COVERAGE .................................... 51
7.6 UNEMPLOYMENT COMPENSATION ..................................................... 52
7.7 EMPLOYEE ASSISTANCE PROGRAM .................................................. 52
CHAPTER 8 LEAVES .................................................................................................. 54
8.1 VACATION LEAVE .................................................................................. 54
8.2 SICK LEAVE ............................................................................................ 55
8.3 BEREAVEMENT LEAVE ......................................................................... 58
8.4 LEAVE OF ABSENCE WITHOUT PAY ................................................... 58
8.5 JURY AND WITNESS DUTY LEAVE ...................................................... 60
8.6 ADMINISTRATIVE LEAVE ...................................................................... 60
8.7 MILITARY LEAVE .................................................................................... 61
8.8 FAMILY LEAVE (FEDERAL) ................................................................... 63
8.81 WASHINGTON STATE PAID FAMILY AND MEDICAL LEAVE .............. 67
8.9 DOMESTIC VIOLENCE LEAVE .............................................................. 69
8.10 SHARED LEAVE PROGRAM – SUSPENDED effective 1-1-20 .............. 70
8.11 HOLIDAYS ............................................................................................... 72
8.12 RELIGIOUS HOLIDAYS .......................................................................... 74
8.13 PROFESSIONAL LEAVE ........................................................................ 75
CHAPTER 9 EMPLOYEE RESPONSIBILITIES ........................................................... 76
9.1 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST ................ 76
9.2 ANTI-DISRUPTION POLICY ................................................................... 76
9.3 POLITICAL ACTIVITIES .......................................................................... 77
9.4 NO SMOKING POLICY ........................................................................... 78
9.5 NO USE OF OTHER TOBACCO OR TOBACCO-LIKE PRODUCTS ...... 78
9.6 CITY PROPERTY/ PERSONAL POSSESSIONS / PRIVACY LIMITATIONS79
9.7 ELECTRONIC MEDIA POLICY ............................................................... 80
9.8 SOCIAL MEDIA POLICY. ........................................................................ 86
9.9 USE OF PERSONAL COMPUTER OR COMMUNICATION DEVICES
FOR CITY BUSINESS: ............................................................................ 86
9.10 AUTOMOBILE USAGE ........................................................................... 87
9.11 DRIVER'S LICENSE REQUIREMENTS .................................................. 89
9.12 ACCIDENT PREVENTION AND SAFETY ............................................... 89
9.13 SAFE WORKPLACE................................................................................ 91
9.14 FIREARMS AND DANGEROUS WEAPONS .......................................... 92
9.15 SUBSTANCE ABUSE .............................................................................. 93
9.16 NOTICES TO EMPLOYEES .................................................................... 97
9.17 CONTACT WITH THE NEWS MEDIA; LOBBYING EFFORTS ............... 97
9.18 SOLICITATIONS ..................................................................................... 98
9.19 LEGAL LIABILITY .................................................................................... 98
9.20 SERVICE OF PROCESS ......................................................................... 98
CHAPTER 10 DISCIPLINE AND TERMINATIONS ...................................................... 99
10.1 ACTIONS SUBJECT TO DISCIPLINARY ACTION .................................. 99
10.2 POSSIBLE DISCIPLINARY ACTIONS .................................................. 102
10.3 PRE-DISCIPLINARY HEARING ............................................................ 102
10.4 LAYOFF AND TERMINATION ............................................................... 103
10.5 RESIGNATION ...................................................................................... 104
CHAPTER 11 COMPLAINT PROCEDURES ............................................................. 105
11.1 COMPLAINT PROCEDURES ................................................................ 105
11.2 REPORTING IMPROPER GOVERNMENTAL ACTION ........................ 106
City of Port Townsend Personnel Policies Manual Page 1
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 1
PURPOSE AND SCOPE
1.1 INTRODUCTION
The City of Port Townsend places the highest value on its employees. We wish
to see satisfied workers, with the support necessary to achieve the objectives of
each position. The City believes that clear, consistent personnel policies
contribute to greater job satisfaction. All employees and new hires are required to
be familiar with these policies. If questions arise, please begin with a discussion
with your supervisor or department director. Employees are encouraged to offer
ideas or suggestions for improvement of these policies.
These personnel policies serve as a general guide to the City of Port Townsend's
current employment practices and procedures. As such, we hope they will help
employees better understand how the City operates and what is expected of an
employee, and what the employee can expect in return. These policies also
describe the compensation, benefits and other support provided by the City.
1.2 INTENT OF POLICIES
These policies are not intended to be a contract, expressed or implied, or
any type of promise or guarantee of specific treatment upon which an
employee may rely, or a guarantee of employment for any specific duration.
Although the City desires long-term employment relationships, it is recognized
this may not always occur and either the employer or employee may decide to
terminate employment. Unless specific rights are granted in employment
contracts, civil service rules or elsewhere, all employees of the City are
considered at-will employees and may be terminated from City employment
at any time, with or without cause and with or without notice. No supervisor,
department director or representative of the City, other than the City Manager,
has authority to enter into any agreement with an employee for employment for
any specified period or duration, or to make any written or verbal commitments to
the contrary. Any agreements for employment for any specified period or
duration must be in writing signed by the City Manager. It is the City’s intent
these policies be interpreted as providing a reasonable approach to specific
problems and situations; they should be considered as a total set of working
procedures rather than interpreting each section, subsection, sentence or phrase
separately and out of context.
1.3 SCOPE OF POLICIES
These personnel policies apply to all City of Port Townsend employees. In
cases where these policies conflict with any Civil Service rules and regulations,
provisions of a collective bargaining agreement, City ordinance or state or federal
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
law, the terms of that law, rule or agreement prevail. In all other cases, these
policies apply. In the event of the amendment of any ordinance, rule, or law
incorporated in this document or upon which these provisions rely, these
personnel policies shall be deemed amended in conformance with those
changes.
1.4 CHANGING THE POLICIES
As the need arises, the City Council may modify and supplement these policies
and, through the budget process, may enact changes to compensation or benefit
levels. As the need arises, the City Manager may modify and supplement these
policies except for policies relating to compensation and benefits, which may only
be modified by the City Council. The City Manager may also deviate from these
policies in particular situations, especially in an emergency, to achieve the
primary mission of serving the City's residents. Employees may request specific
changes to these policies by submitting suggestions to their department director
or the City Manager.
1.5 DEFINITIONS
Appointing Authority: The person empowered with authority to appoint and/or
remove employees from City positions, or persons delegated by such appointing
authority to perform duties which legally may be delegated. The City of Port
Townsend appointing authority is the City Manager.
At-will Employee: Unless specific rights are granted to an employee in a
collective bargaining agreement, civil service rules, or written employment
agreement, an employee of the City may be terminated at any time, with or
without cause and with or without notice.
City: The City of Port Townsend.
City Business: Includes work or job duties arising out of a work assignment or
work duties for the City.
City Facility: Any building that is owned or leased by the City and parking lots
associated with a building that is owned or leased by the City. Except as
otherwise provided herein, the term does not include City parks, parking lots not
associated with a building that is owned or leased by the City, sidewalks, or
streets.
Class/Classification: Systematic arrangement of job titles into categories
according to positions sharing similar job functions and/or responsibilities.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
COBRA Rights: Federal law which permits employees who are terminating from
City employment to continue eligible group medical coverage at their personal
expense for a specified period of time determined by federal law.
Confidential Employee: A non-FLSA exempt employee exempted from the
bargaining unit because of confidential duties.
Days: References to “days” in these policies shall mean calendar days unless
otherwise stated.
Department Director or Department Head: An employee responsible for
directing one or more City departments or divisions.
Emergency: A circumstance that, if not immediately addressed, may cause
injury or damage to persons or property.
Employee Assistance Program: A program designed to assist City employees
and their family members to solve problems through professional counseling.
Exempt Employee: An employee who does not receive overtime pay for all
hours worked in excess of 40 hours per week as provided in the Fair Labor
Standards Act (FLSA) because the employee works in a bona fide executive,
administrative, professional or other exempt capacity covered by the FLSA and
Washington Minimum Wage Act.
General Notification: Notification on employee bulletin boards or through an
employee newsletter, email or similar form of notification.
Good Driving Record: No more than one moving violation within the preceding
three years; no reckless driving or driving while intoxicated violations within the
preceding five years. No more than one motor vehicle accident within the
preceding three (3) years for which the applicant received a traffic or criminal
citation and was convicted, forfeited bail, or pleaded guilty.
Harassment: Harassment is defined as verbal or physical conduct that
demeans or shows hostility or aversion toward other employees or members of
the public. Harassment includes harassment based upon a legally protected
status, for example, sex, color, age, disability, etc. (see Section 2.5), but is not
limited to harassment based upon a legally protected status (see, for example,
Section 10.1(21).
Human Resources: Human Resources as used in this Manual means a member
of the Human Resources division, including the Human Resources Manager and
any other staff assigned to the department.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Immediate Family: Includes the following: spouse; registered domestic partner;
parent; child; stepchild; brother or sister; mother or father-in-law; son or
daughter-in-law; grandparent; grandchild; step-parents, or any relative who lives
in the employee's home. An individual is considered a relative whether related
by blood, marriage or adoption.
Non-exempt Employee: An employee who receives overtime pay for hours
worked beyond 40 hours in a standard work week in accordance with the Fair
Labor Standards Act (FLSA) and Washington Minimum Wage Act. The amount
of overtime pay is one and one-half times the regular rate of pay for actual hours
worked, unless provided otherwise in a bargaining agreement.
Non-public Area of a City Facility: An area which has been declared by the
City Manager or department director in charge of the facility as not being open on
a regular basis to members of the public.
Non-represented Employee: An at-will employee who is not a member of a
bargaining unit and is not represented by a bargaining agent in matters of wages,
benefits, and working conditions.
Other Part-time Employee: Other part-time employee includes seasonal, on-
call, and other part-time non-benefited employees (regularly averages less than
20 work hours per week).
Pro-rata Basis: The ratio between the number of hours in an employee’s normal
work schedule and forty (40) hours per week, as it applies to leaves and benefits.
Registered Domestic Partner: Two adults who meet the requirements for a
valid state registered domestic partnership as established by RCW 26.60.030
and who have been issued a certificate of state registered domestic partnership
by the secretary of state’s office.
Regular Employee: Regular Employee means a Regular Full-Time Employee or
a Regular Part-Time Employee.
Regular Full-Time Employee: An employee hired in a budgeted, authorized
position, which has successfully completed a trial period as defined in these
policies and who regularly works a minimum of forty (40) hours a week on a
regular year-round schedule.
Regular Part-Time Employee: An employee hired in a budgeted, authorized
position, who has successfully completed a trial period as defined in these
policies and who regularly works less than forty (40), but at least twenty (20)
hours a week on a regular year-round schedule, unless provided otherwise in a
bargaining agreement.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Represented Employee: An employee who is a member of a bargaining unit
and represented by a bargaining agent in matters of wages, benefits, and
working conditions.
Temporary Employee: An employee hired to work a fixed or flexible schedule
of hours for a specified period of time, or an employee who is hired on an
intermittent, seasonal or as-needed basis, as provided in Section 3.3.
Trial Employee: An employee who has not yet completed a trial period in a
regular position and who has not been granted regular employment status.
Unless otherwise specified, when regular employees are referred to in these
policies, the reference includes trial employees.
Weapon: Any object, instrument or incendiary device which is (1) designed in
such a manner to inflict harm or injury to another person, or (2) used in a manner
threatening harm or injury to another person. This shall include, but not be
limited to: firearms, knives (not including pocket knives with blades less than 3
inches in length), chako sticks and blackjacks. See Section 9.13 for further
definitions.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 2
GENERAL POLICIES, PRACTICES AND EMPLOYEE
CONDUCT
2.1 GENERAL CODE OF CONDUCT
All City employees are expected to represent the City of Port Townsend to the
public in a professional manner which is courteous, efficient and helpful.
Employees must maintain a clean and neat appearance appropriate to their work
assignment, as determined by the position and department director or City
Manager.
Since the proper working relationship between employees and the City of Port
Townsend depends on each employee's on-going job performance, professional
conduct and behavior, the City has established certain minimum standards of
personal conduct. Among the City's expectations are: tact, courtesy and respect
towards the public and fellow employees; adherence to City policies, procedures,
safety rules and safe work practices; compliance with directions from
supervisors; preserving and protecting the City's equipment, grounds, facilities
and resources; and providing orderly and cost efficient services to its residents.
The City of Port Townsend is a small workforce and, to function efficiently,
employees may be asked to perform duties outside regular assignments. This
arrangement is necessary in many small cities. To make the most efficient use of
personnel, the City also reserves the right to change work conditions and duties
originally assigned. If these changes in arrangements become necessary, the
City expects employee cooperation.
As to any issue of employee discipline, the City retains complete discretion as to
when a situation calls for discipline or correction and what form and level of
discipline are appropriate. City management believes in appropriate discipline in
appropriate circumstances. Normally, if the problems are performance related,
corrective action may call for "coaching" or counseling initially, with discipline to
follow if the performance deficiencies are not corrected. If problems arise from
misconduct or an intentional disregard for directives or these policies, such
conduct may warrant more serious discipline (such as written reprimands,
disciplinary probations, suspension, demotion or termination). Performance
problems may also warrant more serious discipline, if the City determines the
situation has not improved or worsens. However, management will review each
situation independently and make a decision on what it deems to be appropriate
discipline, up to and including termination for the first offense. A decision to use
progressive-type discipline in a given case is an attempt to improve the
performance or behavior, but does not change the “at will” nature of the
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
employment relationship. For represented employees, the City will adhere to
procedures set forth in the applicable labor agreement.
Some examples of conduct which may lead to discipline, up to and including
termination include: insubordination; unauthorized release of City, customer or
co-worker information; swearing or verbal abuse; falsification of any work,
personnel, or other City records; unauthorized taking or removal of City funds or
property; use of City vehicles/equipment or property for non-business purposes;
dishonesty; lying; discrimination against or harassment of co-workers or others;
possession, consumption, or being under the influence of alcohol or a controlled
substance at work or on City property; bringing a weapon to the workplace;
assaulting, fighting or threatening to fight with another employee; misconduct of
any kind; poor performance; excessive absenteeism or tardiness or failure to
report in when absent or tardy; failure to comply with safety or security rules and
procedures; and violation of City policy.
These examples are not all-inclusive; other negative behavior may also be
grounds for discipline or termination. See Chapter 10 for further examples of
negative behavior.
2.2 EQUAL EMPLOYMENT OPPORTUNITY
The City of Port Townsend encourages and expects its work force to reflect the
diversity of its residents. The City of Port Townsend is an equal employment
opportunity employer. The City employs, retains, promotes, disciplines and
otherwise treats all employees and job applicants strictly on the basis of job-
related qualifications and competence. These policies and all employment
practices shall be applied without regard to any individual's sex, race, color,
creed, religion, national origin, sexual orientation (including gender identity),
pregnancy, age, marital status, military status, disability, genetic information, or
any other characteristic protected by law.
2.3 DISABILITY DISCRIMINATION PROHIBITED
The City of Port Townsend will not discriminate against qualified applicants or
employees with a sensory, physical or mental disability. Applicants and
employees with a disability must be able to perform the essential functions of the
job with reasonable accommodation. Employees whose disabilities require
workplace accommodation are asked to seek the assistance of the City in order
to initiate a mutual discussion of the employee’s and City’s needs.
2.4 LIFE THREATENING/COMMUNICABLE DISEASES
Employees with life threatening illnesses or communicable diseases are treated
the same as all other employees. They are permitted to continue working as long
as they are able to maintain an acceptable level of performance and medical
evidence shows they are not a threat to themselves or their co-workers. The City
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
will work to preserve the safety of all of its employees and reserves the right, to
the extent allowed by law, to reassign employees or take other job actions,
including termination, when a substantial and unusual safety risk to fellow City
employees or the public may exist.
2.5 ANTI-HARASSMENT
It is the City of Port Townsend's policy to foster and maintain a work environment
free from discrimination, harassment and intimidation. Toward this end, the City
will not tolerate harassment of any kind by an employee toward any co-worker or
member of the public. Employees are expected to show respect for each other
and the public at all times, despite individual differences.
Harassment is defined as verbal or physical conduct that demeans or shows
hostility or aversion toward other employees or members of the public.
Harassment consists of unwelcome conduct, whether verbal, physical, or visual.
This Section specifically prohibits harassment that is based upon a legally
protected status. Separately, other policies prohibit harassment (and coercion,
rudeness and the like) even if not based on upon a legally protected status. See,
for example, Section 10.1 (21), which prohibits harassment, intimidation,
coercion, lack of courtesy.
Harassment based upon a person’s protected status includes harassment based
on sex, sexual orientation, gender identity, color, race, ancestry, religion, national
origin, age, disability, marital status, veteran status, citizenship status, genetic
information or other protected group status. The City will not tolerate harassing
conduct that affects tangible job benefits, that interferes unreasonably with an
individual’s work performance, or that creates an intimidating, hostile, or
offensive working environment.
Any harassment of a fellow employee or member of the public will be cause for
disciplinary action, up to and including termination of employment.
Examples of Harassment. Each individual must exercise his or her own good
judgment to avoid engaging in conduct that may be perceived by others as
harassment. Forms of unlawful harassment include, but are not limited to:
• Verbal: repeated sexual innuendoes, racial or sexual epithets,
derogatory slurs, off-color jokes, propositions, threats or suggestive
or insulting sounds;
• Visual/Non-verbal: derogatory posters, cartoons, drawings or
emails; suggestive objects or pictures; graphic commentaries;
leering; or obscene gestures;
• Physical: unwanted physical contact including touching,
interference with an individual’s normal work movement or assault;
and
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
• Other: making or threatening reprisals as a result of a negative
response to harassment.
(See Discrimination/Harassment Complaint Procedure, Policy 2.7, for guidance
on what to do if you or a co-worker experience or witness potential harassment.)
2.6 SEXUAL HARASSMENT PROHIBITED
Sexual harassment is a form of discrimination, is illegal and violates federal and
state law and the City’s policies. Sexual harassment is also inappropriate and
offensive and will not be tolerated by the City of Port Townsend. The City
considers sexual harassment a serious offense, and an employee who harasses
another employees or members of the public will be disciplined as in any other
case of serious employee misconduct.
Sexual harassment is generally defined as:
Unwelcome sexual advances, requests for sexual favors, and other physical,
verbal, or visual conduct based on sex constitute sexual harassment when (1)
submission to the conduct is an explicit or implicit term or condition of
employment, (2) submission to or rejection of the conduct is used as the basis for
an employment decision, or (3) the conduct has the purpose or effect of
unreasonably interfering with an individual’s work performance or creating an
intimidating, hostile, or offensive working environment.
Sexual harassment does not refer to casual conversation or compliments of a
socially acceptable nature. It refers to behavior that is not welcome and which is
personally offensive, interfering with the effectiveness or creating discomfort on
the job.
Written examples of sexual harassment include suggestive or obscene letters,
emails, notes and invitations. Verbal examples include derogatory comments,
slurs, unwanted sexual comments, suggestions, jokes or pressure for sexual
favors. Physical examples include assault, pats or squeezes, repeated brushing
against someone’s body, touching, impeding or blocking movements. Visual
examples include leering, sexually-oriented gestures, or display of sexually
suggestive or derogatory objects, pictures, cartoons, or posters. Other examples
include the threat or insinuation that lack of sexual favors will result in reprisal,
such as: withholding support for job appointment, promotion or transfer; rejection
on trial period; punitive actions; change of assignments; or a poor performance
report.
For example, unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct constitute sexual harassment when:
• It is part of a manager's or supervisor's decision to hire or fire;
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
• It is used to make other employment decisions like pay, promotion
or job assignments, or discipline; or
• It creates an intimidating, hostile or offensive work environment.
It is the policy of the City of Port Townsend to prevent and/or eliminate sexual
harassment in the workplace, as well as to alleviate any effects sexual
harassment may have on the working conditions, or work environment, of an
employee. In response to reports of sexual harassment, the City will seek to
protect all parties involved from retaliation, false accusations, or future
harassment and, where appropriate, will take prompt and adequate remedial
measures.
Employees engaging in harassment are subject to discipline, up to and including
termination. (See following Discrimination/Harassment Complaint Procedure, for
guidance on what to do if you or a co-worker experience sexual harassment.)
2.7 DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE
Each employee is responsible for creating an atmosphere free of discrimination
and harassment in any form. Each employee is responsible for respecting the
rights of co-workers and others, including the residents we serve. If you believe
you have been subject to discrimination or harassment, or if you become aware
of such conduct being directed at someone else, you should promptly report it.
The City encourages employees to use this harassment reporting policy without
worrying about whether the conduct involved would be considered harassment in
a legal sense. If you think it might be harassment, report it. This applies to
harassment or discrimination caused by anyone with whom an employee comes
into contact as part of an employee’s job, including co-workers, contractors,
vendors, suppliers, members of the public, or any other third party.
The procedure an employee is to follow: The following procedure outlines the
steps an employee should follow if the employee believes he/she is experiencing
harassment or discrimination in the workplace, or is aware of someone else who
may be experiencing harassment or discrimination in the workplace:
1) If comfortable doing so, identify the offensive behavior to the
harasser and request that it stop. If such informal direct
communication is impractical or the offensive behavior does not
immediately cease:
2) Report the incident(s) to the immediate non-involved supervisor
within the department, the department director, Human Resources
Manager, Finance & Administrative Services Director, City
Attorney, or the City Manager.
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Where possible, this should include the specific allegation, date of
the occurrence, the individuals involved, and the names of any
witnesses. A non-involved supervisor is defined as the first
supervisor in an employee’s department who is not the object of the
complaint and is not otherwise involved in the harassing behavior.
In the event that there is no non-involved supervisor, and the
behavior involves the department director or Human Resources
Manager, the employee should report the incident to the City
Attorney or City Manager.
No employee will be retaliated against by the City for good faith voicing of
concerns or cooperating in an investigation under this policy. For more
information on anti-retaliation see Section 2.71. Any employee involved in
reporting a concern, or who participates in an investigation, may request that his
or her identity be kept confidential. City officials and those involved in the
investigation will honor this request to the extent possible under law, business
necessity, and the needs of the investigation. Confidentiality, however, cannot be
guaranteed.
The procedure a supervisor or department director is to follow: Supervisors
who are aware of situations involving discrimination or harassment must respond
to such situations regardless of whether or not a complaint is received.
Supervisors who receive complaints or become aware of such incidents must:
1) Promptly notify the appropriate department director and the Human
Resources Manager of the allegations, including all information
known to or received by the supervisor
2) Work with his or her supervisor, the Human Resources Manager
and the City Manager to take prompt action to insure the behavior
is not repeated;
Supervisors shall be required to take the above steps and may be disciplined if
they do not.
Department directors who are aware of situations involving discrimination or
harassment must respond to such situations regardless of whether or not a
complaint is received. Department directors who receive complaints or become
aware of such incidents must promptly notify the City Manager:
The investigation process: Employees are prohibited from interfering in any
investigation or retaliating against anyone who in good faith has filed a complaint
or participated in an investigation of such a complaint.
Under some circumstances, the City Manager will direct an investigation into the
concerns, which may include an outside investigator appointed by the City
City of Port Townsend Personnel Policies Manual Page 12
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Manager. The City will begin an investigation within a reasonable period of time
after the report of alleged harassment is received.
The results of each investigation shall be written and a finding made regardless
of whether or not there is reasonable cause for disciplinary action. Employees
found to have violated this policy and engaged in prohibited harassment will be
subject to discipline up to and including termination. Nothing shall limit the
authority of the City to modify policies or practices to correct any appearance of
harassment without finding cause for disciplinary action or taking any disciplinary
action.
Employees participating in an investigation shall refrain from discussing the
investigation process, interviews or issues under investigation to prevent harmful
gossip and to prevent the possibility of tainting the investigation.
It is also the right of all employees to seek redress from the Washington State
Human Rights Commission, the Equal Employment Opportunity Commission, or
through the courts. However, employees are encouraged to exhaust the
administrative remedies outlined by this policy before outside agencies are
consulted.
Responsibility for Implementation: The City Administration shall be
responsible for disseminating information on this Policy against harassment, for
developing training programs and guidelines for preventing sexual or other forms
of harassment, and for investigating and resolving allegations of harassment.
All officers, supervisors, and managers are assigned responsibility for
implementing this policy, ensuring compliance with and knowledge of its terms,
and for taking immediate and appropriate corrective action if they witness
inappropriate behavior or receive a complaint. Supervisors must open and
maintain channels of communication to permit employees to raise concerns of
sexual or other workplace harassment without fear of retaliation, stop any
observed harassment, and treat harassment matters with sensitivity,
confidentiality, and objectivity. A supervisor’s failure to carry out these
responsibilities may result in disciplinary action up to and including termination.
2.71 ANTI-RETALIATION
No employee will suffer retaliation for reporting a good faith concern. It is a
serious violation of our policy for any employee to take any retaliatory action
against any person who reports a violation of policy or who participates in an
investigation. All employees are required to comply with this no-retaliation policy
at all times.
City of Port Townsend Personnel Policies Manual Page 13
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Employees are encouraged to take all action necessary to correct a workplace
problem or harassment, so problems can be identified and corrected. They
should not refrain from taking these steps due to a fear of retaliation. If retaliation
occurs, promptly report such conduct in the same manner as outlined in Section
2.7. Upon receiving a complaint of harassment or discrimination, the City will
promptly investigate the concerns and take all appropriate steps to correct a
problem of harassment, discrimination or retaliation in the workplace and will
assist the employee affected if further problems arise. Thus, employees are
encouraged to utilize the procedures in Section 2.7 to resolve concerns about
workplace discrimination before they allow such conduct to interfere with their
performance or such conduct affects their satisfaction with the workplace.
2.8 EMPLOYEE PERSONNEL RECORDS
A personnel file is kept for each employee in a locked file cabinet in the Human
Resources division at City Hall under the supervision of the Human Resources
Manager. An employee's personnel file contains work related information
including: the employee's name; title and/or position held; job description;
department to which the employee is assigned; salary; changes in employment
status; all training received; performance evaluations; personnel actions affecting
the employee, including discipline; accommodation and other pertinent
information. Medical information about employees is contained in a separate
confidential file. Employees are required to keep personnel information up to
date by notifying Human Resources of changes in address or telephone number,
as well as changes in marital status or dependents if relevant to insurance plans.
Employees have the right to review their own personnel files. An employee may
request, through the Human Resources Manager, removal from his/her
personnel file of information the employee believes to be irrelevant or erroneous.
If the Human Resources Manager denies an employee's request to remove
information, the employee may file a written rebuttal statement to be placed in
his/her file. A former employee shall retain this right of rebuttal for two years
after the last day of City employment.
Personnel files are kept confidential to the extent permitted by law (e.g. Chapter
42.56 RCW and RCW 42.56.230). An employee’s position title, job location,
compensation, and dates of employment are public information. Except as
required by law or business necessity, access will be limited to the employee,
employee's immediate supervisor/department director, Human Resources,
Finance & Administrative Services Manager, City Attorney, City Manager, and
City Manager’s designee. If an employee engages in misconduct, such
information may become available to the public under current interpretations of
the public disclosure laws.
City of Port Townsend Personnel Policies Manual Page 14
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
2.9 EMPLOYMENT REFERENCES AND VERIFICATION OF EMPLOYMENT
References: Only the City Manager or department directors will provide
employment references on current or former City employees. Other employees
shall refer requests for references to the appropriate department director or
Human Resources. References will be factual in nature and job related. All
written references need to be filed with Human Resources.
The City has immunity under RCW 4.24.730 for certain disclosures of employee
information to a prospective employer. The City Clerk will endeavor to retain a
written record of the identity of the person or entity to which information is
disclosed under RCW 4.24.730 for a minimum of two years from the date of
disclosure, and the employee or former employee shall have the right to inspect
any such written record upon request; any such written record shall become part
of the employee’s personnel file.
Verification of Employment: The Payroll/Benefits Administrator may respond
to requests from persons or entities seeking confirmation/verification of
employment (including compensation, dates of employment, and position title.)
2.10 EMPLOYEE APPEARANCE AND BEHAVIOR
Members of the public judge a community not only by service, but also by the
appearance of its personnel, equipment and facilities. Good public relations
cannot be guaranteed by merely doing a good job; the public must be convinced
the service is good through appearance, behavior and personal demeanor.
While on the job, the personal appearance of all employees, especially those
who come into contact with the public, is important and should conform to
professional community standards. Dress should be appropriate to the
division/area in which an employee works. This may include required uniforms or
safety attire. All employees should, to the extent reasonable for their job duties,
be neat and clean in dress and personal appearance, and convey a professional
appearance while engaged in City business. The City Manager or department
directors may establish reasonable standards of appearance and clothing which
are appropriate for the job assignment. These standards may be verbal or in
writing. Any accommodations must comply with safety requirements and overall
professional appearance standards.
Those employees provided uniforms by the City of Port Townsend must maintain
the uniform in good condition and wear the uniforms. The appearance of
uniformed personnel is one of particular importance, since the public is more apt
to recognize these employees as City personnel. Uniforms should be clean,
pressed and mended properly. The appearance of the uniform depends on the
way it is worn, as well as its condition.
City of Port Townsend Personnel Policies Manual Page 15
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
The behavior and appearance of all personnel is an important factor in the
formulation of public opinion. Individuals coming into government offices should
perceive a positive work environment with inclusive cooperative attitudes. All City
employees are expected to represent the City of Port Townsend in a professional
manner which is courteous, efficient and helpful. Employees are also expected to
use appropriate language for a professional workplace. Profanity and other
potentially offensive behavior are prohibited.
2.11 EMPLOYEE ISSUES
Employees are encouraged to make recommendations or suggestions for the
improvement of City services and internal operations. Represented and non-
represented employees may raise questions that affect salary and benefits and
working conditions.
Employees should address such questions to their immediate supervisor and, if a
satisfactory response is not received, may ask for a meeting with the appropriate
department director to discuss the issue. In the event the issue is not resolved at
the department level, non-represented staff may bring the issue to the Human
Resources Manager. If the issue remains unresolved it may be brought to the
City Manager for his/her review and decision, which shall be final. Represented
staff may bring the issue to their shop steward or union representative. If the
issue remains unresolved, it will be determined in accordance with the collective
bargaining agreement.
2.12 EMPLOYEE SAFETY, RECOGNITION AND WELLNESS PROGRAMS
The City Manager is authorized to administer the following programs and to
establish other employee programs. The City Manager may curtail or terminate
these programs at his/her discretion.
A. Safety Recognition Programs: The Safety Committee is authorized to develop
and establish Safety Award Programs with incentive awards, subject to the
approval of the City Manager. Award recipients shall be designated by the
department directors and the City Manager. The goal of each safety program will
be to reduce workplace injuries, time loss and to improve work practices.
B. Employee Recognition Program: The City may award an employee or group of
employees for performance above and beyond the normal expectations of the
City or the employee’s peers. The following recognition programs have been
established to recognize employee service.
1) Employee of the Quarter
2) Years of service
City of Port Townsend Personnel Policies Manual Page 16
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
C. Award recipients for safety and performance programs may (as determined
by the City Manager) receive awards not to exceed one hundred ($100.00) in
value.
D. Wellness Program: The Wellness Program is established in recognition that:
1) Healthy productive employees are critical to the provisions of high
quality and efficient local government services.
2) The health and well being of employees has a direct effect on the
cost of government services.
3) Active workplace health promotion programs and activities can
result in better morale, reduced absenteeism, enhanced
productivity and performance, and can be a prudent strategy to
control healthcare expenditure.
A voluntary employee Wellness Committee assists with the planning, oversight,
management, promotion and execution of the program activities. Any
participation in the programs and activities of the Wellness Program is on a
voluntary basis.
The Committee is authorized to develop and establish Wellness Award Programs
with incentive awards within the budget, subject to the approval of the City
Manager.
E. Recognizing Employee Retirement
The City values the contributions, knowledge and experience of long-term
employees. In appreciation of the dedicated performance of employees with 10
or more years of service, reasonable cost of food items such as cake and
beverages for employee retirement parties are allowable expenses, not to
exceed $100.00, provided that such expenses have been allocated in the
appropriate budget. Requests exceeding $100.00 require pre-approval of the
City Manager.
2.13 BREASTFEEDING POLICY
For one year after the birth of a child, employees who are nursing are entitled to
breaks of reasonable duration each time the employee has a need to express
milk. If the employee expresses milk during a standard 15-minute rest break she
will be paid for the time. If the employee is taking an additional break for the
purpose of expressing milk, the time will be unpaid. The City will provide a
location, free from intrusion from co-workers or members of the public, which
may be used for this purpose. Employees will not be retaliated against for
exercising their rights under this policy.
City of Port Townsend Personnel Policies Manual Page 17
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 3
RECRUITMENT, APPLICATIONS, AND SELECTION
3.1 RECRUITMENT
Recruiting practices are conducted solely on the basis of ability, merit,
qualifications and competence, without regard to any individual’s sex, race, color,
religion, national origin, sexual orientation, pregnancy, age, marital status,
military status, disability or any other characteristic protected by law. Public
announcement of vacant positions shall be distributed in a manner which will
attract a sufficient number of qualified persons. The vacancy shall be posted at
designated public places for a minimum of five (5) calendar days prior to the
closing date for filing applications, unless an emergency has been declared by
the City Manager.
Each applicant shall complete and sign an application form prior to being
considered for any position. Resumes may supplement, but not replace, the City
of Port Townsend official application. Applications will be accepted only for open
positions and will be considered only for that position. Applications received
which are not in response to an open position will not be retained on file.
Applications must be received by Human Resources or City Administration
consistent with the published solicitation. A closing date may be extended by
Human Resources. Applications, whether accepted or rejected, will not be
returned. Applications will be maintained in City archives consistent with the
adopted records retention schedule.
The City Manager may at their discretion provide hire-on bonuses and/or
employee-referral bonuses for represented and non-represented positions.
An applicant who changes his/her address or phone number is responsible for
notifying Human Resources of the change. At the discretion of Human
Resources, applications received that are not clear or complete may not be
considered further.
Applicants for municipal employment may be required to provide documentary
evidence of the qualifications listed on their application.
Disciplinary action for fraud: Any applicant who has made a false or
misleading statement or has practiced any deception, willful omission, fraud or
misconduct in connection with his/her application will be eliminated from
consideration for employment at the City. Any employee who is discovered to
have made a false or misleading statement or has practiced any deception, willful
omission, fraud or misconduct in connection with his/her application is subject to
disciplinary action, up to and including termination.
City of Port Townsend Personnel Policies Manual Page 18
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Expenses incident to recruitment and hiring: The City Manager has authority
to authorize the expenditure of City funds to cover all or a portion of the actual
expenses incident to employee recruitment, including, but not limited to, actual
moving expenses for newly hired employees. The employee may be required to
execute an agreement obligating the employee to reimburse all or a portion of
the moving expenses paid by the City if the employee fails to remain in the
service of the City for a specified period of time.
3.2 NEW HIRE SELECTION
When a position becomes vacant, and prior to any posting or advertisement of
the vacancy, the department director shall review the position, its job description
and the need for such a position. The position will be posted and/or advertised
only upon approval of the department director.
Human Resources may establish competitive examination and/or selection
procedures for filling existing and anticipated vacant positions. The City may
contract with any agency or individual to prepare and/or administer examinations.
Selection procedures for regular positions may be open and/or promotional, as
may be determined by the City Manager, depending upon which approach will
best serve the interests of the City with regard to a particular vacancy.
Positions may not be posted when a new position or opening results from a
reorganization, or when an existing employee is already satisfactorily performing
the majority of the job functions. Positions are not required to be posted if the
position was previously posted within the last 6 months. The position may be re-
opened to allow hiring managers to use the existing applicant pool from the
previous recruitment. In this case, employment applications older than 90 days
will need to be resubmitted for consideration; applications less than 90 days old
will require a certification of any changes.
If an open process is utilized, the selection process shall be competitive and
related to the abilities and qualifications required of the position. The City may
also conduct background procedures, to the extent allowed by law. Examples of
such procedures include but are not limited to: requiring applicants/employees to
show proof they are authorized to work in the United States, and requiring
applicants/employees who have unsupervised access to children or vulnerable
adults to complete a criminal history disclosure statement.
Background Checks: Human Resources may arrange for or conduct a
background investigation including contact of references, prior and present
employers, and a review of the applicant’s listed education and work history.
Criminal Background Checks: Offers of employment generally are contingent
upon the results of a criminal background check. Criminal background checks
City of Port Townsend Personnel Policies Manual Page 19
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
will be conducted after an employment offer is made and will include review of
criminal convictions and probation. The City Manager may at their discretion
waive the criminal background check for a temporary/project employee. Criminal
background checks will only be conducted on current employees who are
promoted into management positions. A criminal history will not automatically
disqualify an applicant from consideration. The city will conduct an individualized
assessment and consider the following factors:
1.) The nature and gravity of the crime;
2.) The time that has passed since the offense, conduct and/or completion of
the sentence;
3.) The nature of the job held or sought; and
4.) Whether hiring the applicant would pose an unreasonable risk to the City,
its employees, residents and vendors.
Motor vehicle records may be considered when driving is an essential
requirement of the position.
Employees working in sensitive or high security jobs must meet any applicable
special security clearance requirement specified for those jobs (for example,
police employees). These requirements may include more extensive background
checks, fingerprinting, bonding, or other special security measures. Failure or
inability to meet or comply with any special security requirements is grounds for
termination of employment or rejection of an applicant.
In instances where negative or incomplete information is obtained, the
appropriate management staff and Human Resources staff will assess the
potential risks and liabilities related to the job’s requirements and determine
whether the individual should be hired. If a decision to not hire or promote a
candidate is made based on the results of a criminal background check, Human
Resources will comply with any additional Fair Credit Report Act (FCRA)
requirements.
Background check information will be maintained in a separate file from the
employee’s personnel file.
Medical Exams: As a condition of employment, after a conditional offer of
employment has been made and prior to commencement of employment,
successful applicants may be required to undergo a medical examination to
determine their physical and/or mental fitness to perform work in the position to
which appointment is to be made. The purpose of the examination is to
determine whether an individual is physically and mentally capable of performing
the job with or without a reasonable accommodation and to ensure his/her
physical and/or mental condition will not endanger the health, safety or well-being
of other employees or the public. The offer of employment may be conditioned on
the results of the examination. Furthermore, an employee, during his/her period
City of Port Townsend Personnel Policies Manual Page 20
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
of employment, including leaves, or a former employee seeking re-employment,
may be required to undergo periodic medical and/or psychological examinations
to determine physical or mental fitness and ability to perform the work of the
position in which he/she is employed or re-employed, with or without a
reasonable accommodation.
Those applicants being considered for positions which require a Commercial
Driver’s License (CDL) must, after a conditional offer of employment is made,
submit to and pass a pre-employment urine drug screen and, upon employment,
participate in the Substance Abuse Testing Program.
A candidate may be disqualified from consideration if he/she
1) Is found to lack the requirements/qualifications established for the
position;
2) Is physically or mentally unable to perform the essential duties of
the position, as determined by a competent medical authority (and
the individual's condition cannot reasonably be accommodated in
the workplace);
3) Refuses to submit to a medical examination or complete medical
history forms;
4) The medical exam reveals current abuse of alcohol and/or illegal
use of controlled substances;
5) Has made a false or misleading statement on the application;
6) Has used or attempted to use political pressure or bribery to secure
advantage in the selection process;
7) Has failed to submit the application correctly or within the
prescribed time limit;
8) Has directly or indirectly obtained information regarding the testing
materials;
9) Has taken part in the compilation and administration of the
selection process for which he/she is an applicant; or
10) Is related to an employee working in the same division as the one
in which the opening occurs and the provisions of this manual
would act as a bar to such employment. This is a non-exclusive list
of reasons a candidate may be disqualified.
City of Port Townsend Personnel Policies Manual Page 21
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
3.3 TEMPORARY EMPLOYEES
Department directors may use temporary employees in place of regular
employees on vacation or other leave, to meet peak workload needs or
temporarily fill a vacancy due to a leave of absence or until a regular employee is
hired. In an emergency, temporary employees may be hired without competitive
recruitment or examination, although all hiring processes must comply with
applicable state and federal laws and bargaining agreements if applicable.
Temporary employees include, without limitation:
1) Grant-funded projects: These employees will be involved in projects
or activities that are funded by special grants for a specific time or
activity. These grants are not those that are regularly available to,
nor is their receipt predictable, by the City.
2) Miscellaneous or special projects: Other significant and substantial
bodies of work may be appropriate for temporary employees.
These bodies of work should be either non-routine projects for the
department or related to the initiation or cessation of a City function,
project, or department.
3) Seasonal positions: Temporary seasonal employees doing
bargaining unit work but not included in the bargaining unit. These
employees shall not be required to join the union and may work for
the City between the dates of April 1 and October 15 and may
exceed eighty (80) hours per month.
4) Temporary placement in regular positions: Employees who fill
regular positions due to a regular employee's temporary absence
such as extended leave or during the recruitment and selection
process for a regular position.
5) Internships/Job Training Programs: Employees hired to work in a
position for the purpose of gaining practical experience related to
his/her course of study in an undergraduate or graduate school
program, or other type of formal job training program.
Temporary employees are employed on an at will basis and can be terminated at
any time with or without cause. They are not entitled to any of the procedural
protections contained in the Personnel Policies Manual. Temporary employees
are paid on an hourly basis and are eligible to receive worker's compensation,
unemployment, and social security benefits; they are not eligible to receive most
City benefits (such as vacation, health insurance, holidays). Temporary
employees pay contributions to the Social Security system, as does the City on
their behalf.
City of Port Townsend Personnel Policies Manual Page 22
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Supervisors shall receive direction on the allowable number of hours for
temporary employees in each category prior to the start of their employment.
Hours of work must be monitored by the department director.
Human Resources staff is available to provide assistance in determining PERS
eligibility.
It is the intent of the City that temporary employees will be employed to adjust to
changing department needs, for time-limited projects, or to provide assistance
and/or services which are supplemental to regular City positions. When there
are temporary employees doing work similar to work done by regular employees
in a division or department, the supervisor is expected to annually evaluate
regular staffing levels and to make appropriate recommendations to limit the use
of temporary employees in the future.
Selection of former temporary employees within two years: In the interest of
efficient and economical operation of the City’s various departments, department
directors may address short-term personnel needs through the standard hiring
process for temporary employees. Due to the recruitment and training costs
associated with temporary employees, opportunities for rehire may be pursued
when an applicant is willing to return to employment within two years of his/her
date of first hire as a temporary employee, so long as this applicant has
performed effectively during periods of previous employment. This policy is
intended to allow departments to draw on developed expertise and eliminate
costs associated with a new employee selection process. This policy does not
preclude the activation of a standard selection process in the event that either no
former employees are available, or the skills and abilities of returning employees
do not meet the needs of the affected department.
Rehiring Plan 2 or Plan 3 Retirees: Human Resources staff are available to
provide assistance on rehire issues of retirees.
3.4 TRIAL PERIOD
Upon hire or appointment, non-represented employees enter a 6-month trial
period that is considered an integral part of the selection and evaluation process.
Trial periods for represented employees and/or civil service employees are
covered under applicable bargaining agreements and/or civil service rules. The
trial period is designed to give the employee time to learn the job and the
supervisor time to evaluate whether the match between the employee and the
job is appropriate.
While the normal trial period is six months from the employee's date of hire,
rehire or promotion, the City Manager may authorize a department director to
extend the trial period for up to an additional 6-months. If extended, “trial period”
means the initial six month trial period and any extension. An extension may be
City of Port Townsend Personnel Policies Manual Page 23
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
granted due to circumstances such as an extended illness or a continued need to
evaluate an employee's performance. During the trial period, the employee is not
entitled to any of the procedural protections set forth in this manual, and the
appointing authority may at their discretion terminate or demote the employee
without cause, or restore him/her to his/her former position, if available.
All employees who are promoted, transferred, or demoted from their current
position, or demoted for cause shall serve a new trial period. Regular employees
who have been laid off and recalled into the same position in the same
department are not required to serve a new trial period. Once the trial period is
successfully completed, the employee may be certified to regular employment
status. Satisfactory completion of the trial period does not create an employment
contract or in any way guarantee continued employment with the City, and unless
specific rights are granted in employment contracts, civil service rules or
elsewhere, the employee is considered an at-will employee and may be
terminated from City employment at any time, with or without cause and with or
without notice.
Use of Sick Leave/Vacation during Trial Period: Newly hired employees
serving a trial period may use accrued sick and vacation leave from the
beginning of employment.
3.5 GENERAL PROVISIONS FOR APPOINTMENT
The City Manager is the official authorized to appoint all City employees.
Vacancies may be filled by re-employment, trial appointment, original
appointment, promotion, demotion, transfer, recall or reinstatement. Insofar as
practical, each vacancy should be anticipated sufficiently in advance of the need,
to provide the involved department and Human Resources with ample time to
complete the selection process. The appointing authority shall appoint only from
among those persons who are confirmed by Human Resources as being eligible
for the particular classification or position.
3.6 EMPLOYMENT OF RELATIVES (NEPOTISM)
Business necessity requires the establishment of policies regarding the
employment of immediate family and members of the same household in order to
avoid conflicts of interest or the perception of favoritism and to assure and
maintain accountability.
The Immediate Family (as defined in Section 1.5 of these policies) or any
member of the same household of current City employees will not be employed
by the City under any of the following circumstances:
1) When one of the parties would have authority or practical power to
supervise, appoint, remove, influence salary or compensation
decisions or discipline the other;
City of Port Townsend Personnel Policies Manual Page 24
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
2) When one party would handle confidential material that creates
improper or inappropriate access to that material by the other;
3) When one party would be responsible for auditing the work of the
other; or
4) When other circumstances exist that might lead to potential conflict
among the parties or conflict between the interest of one or both
parties and the best interests of the City.
Change in Circumstances: If two employees marry, begin sharing living
quarters with one another, or become related by marriage or adoption and, if in
the City's judgment, the potential problems noted above exist or reasonably could
exist, only one of the employees will be permitted to remain employed by the
City, unless appropriate action can be taken to reduce or eliminate the potential
conflict, as determined by the City Manager. The decision as to which employee
will remain with the City must be made by the two employees within thirty (30)
calendar days of the date they marry, become related, or begin sharing living
quarters with each other. If no decision is made during this time, the City
reserves the right to terminate either employee. Employees affected by this
Policy shall promptly report the change of circumstances to the department
director and/or City Manager.
3.7 PROMOTIONS
The City encourages promotion from within the organization whenever possible.
The City Manager shall determine whether the promotional process for a position
will be competitive or appointive. The City reserves the right to seek qualified
applicants outside of the organization at its discretion.
Before advertising a position to the general public, the City Manager may choose
to circulate a promotional opportunity within the City. Promotional opportunities
may be posted on the City bulletin board, website and/or emailed to City
employees.
New Trial Period: After promotion to a new position, a new trial period of six (6)
months must be completed, unless waived or reduced by the City Manager. The
City Manager may authorize a department director to extend a trial period for up
to an additional six months. In the event the employee does not successfully
complete the trial period due to unsatisfactory performance, the employee may
be transferred back to the previous position held by the employee, if vacant, or to
another position fitting the employee’s skills and qualifications, within the limits of
vacant authorized positions and subject to the discretion of the City Manager.
City of Port Townsend Personnel Policies Manual Page 25
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 4
HOURS AND ATTENDANCE
4.1 WORK DAYS AND WORK WEEK
The standard work days for most employees are Monday through Friday, 8 a.m.
to 5 p.m., with a one-hour unpaid lunch period. For most City employees, the
designated work week is forty (40) hours within a seven (7) day work period, from
midnight Sunday to 11:59 p.m. the following Sunday. Some departments or
positions may use a different designated workweek if specified in a union
contract or as otherwise determined by the City. Employees should check with
their supervisor or Human Resources if they have questions about their
designated workweek. Due to the nature of the City's operations, alternative work
schedules and longer hours may be required by the City in some instances.
A normal working schedule for regular, full-time employees consists of forty (40)
hours each work week. Different work schedules may be established by the City
or by bargaining agreements to meet job assignments and provide necessary
City services (e.g. for uniformed police employees). Each employee's
department director will advise the employee regarding his/her specific working
hours. Part-time and temporary employees will work hours as specified by
respective department directors.
For uniformed fully commissioned police personnel who are members of
Teamsters Local Union No. 589 (or any successor union), designated work
periods are set forth in the collective bargaining agreement.
4.2 HOURS OF WORK AND OVERTIME
Any City employee may be required, as a condition of employment, to work
overtime when necessary as determined by his or her department director. All
overtime must be authorized in advance by the employee's department director.
Working overtime hours without proper authorization may result in employee
discipline, up to and including termination.
Matters involving wages and hours, including but not limited to minimum wage
and overtime compensation, shall conform to applicable requirements of the
federal Fair Labor Standards Act (FLSA) and the Washington Minimum Wage
Act, chapter 49.46 RCW. All City of Port Townsend positions are designated as
either "exempt" or "non-exempt" according to the FLSA and Washington
Minimum Wage Act regulations. Each employee’s status may be obtained from
Human Resources. Positions identified as “exempt” under the FLSA and WMWA
are not entitled to overtime.
City of Port Townsend Personnel Policies Manual Page 26
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Recording time by non-exempt employees: Non-exempt employees must
personally record the number of regular and overtime hours he/she works daily
and submit the timesheet twice a month in accordance with a schedule from the
Payroll Benefits Administrator. This includes recording the time taken off and
each request that time off be charged to the employee’s leave bank (vacation,
sick leave, etc.). Employees are required to report all of their time worked. An
employee’s signature on his/her time sheet, or the submission of hours on an
electronic timesheet, constitutes his/her verification that the time reported as
worked or paid and unpaid leave taken away from work was in accordance with
the policies of the City and all time has been recorded accurately.
Misrepresenting information on a time sheet, working without recording time
worked, and working overtime without prior department director approval are
strictly prohibited and may result in discipline up to and including termination.
Recording time by exempt employees: Department directors may require
exempt employees to separately track their time for purposes other than
compensation. These purposes include, but are not limited to: project
management and tracking, productivity assessments, work load assessments,
and cost allocation among departments, account groups, projects, internal or
external customers or partners.
Because exempt employees are compensated to do a job and are not
compensated based upon specific time worked and because they are expected
to be available for evening meetings and work outside of regular work hours,
including weekends, exempt employees may have more flexibility in their work
schedule. Nevertheless, exempt employees must maintain good work habits, be
accountable and available to their staff and supervisor, show demonstrated
accomplishments, and make themselves regularly available during working hours
to allow City business to be accomplished.
FSLA-exempt employees need not use leave banks, and are not subject to
salary reduction for an occasional partial day off of 4 hours or less. A full day off,
or a partial day off of more than 4 hours requires the use of eligible leave
balances.
An employee (not including department directors) requires supervisory approval
for partial days off of 4 hours or more.
Department directors should set standards and reporting requirements (which
may include reporting of partial days off of less than 4 hours) to ensure proper
management and accomplishment of Department business.
For example, an exempt employee who visits the dentist for an hour and returns
to work need not use leave bank, and need not obtain department head approval
(absent less than 4 hours, but must conform to Department standards and
reporting requirements).
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
An exempt employee who begins work at 8:00 AM and leaves at 11:00 AM to go
to the dentist for an hour and does not return needs to get department head
approval (absent more than 4 hours), and would require use of leave balance for
5 hours (gone more than 4 hours in a regular work day).
If an exempt employee has an absence of more than four (4) hours during a
regularly scheduled work day, all hours during which the employee is absent that
day must be deducted from an applicable leave bank (vacation, sick leave, etc.).
Exempt employees are required to accurately report all time off that should be
charged to the employee’s leave bank (vacation, sick leave, etc.). If an exempt
employee has exhausted his/her leave banks, the employee’s salary will be
reduced for partial day absences of more than 4 hours. An employee’s signature
on his/her time sheet, or the submission of hours on an electronic timesheet,
constitutes his/her verification that the days reported as worked or paid and
unpaid leave taken away from work was in accordance with the policies of the
City and has been recorded accurately. Misrepresentation of time worked or
leave taken on time sheets or other time tracking reports is grounds for discipline
up to and including termination.
Overtime pay and compensatory time off for non-exempt employees: Non-
exempt employees are entitled to additional compensation, either in cash or
compensatory time off as determined by the City, when they work more than the
maximum number of hours during a work period under applicable requirements
of FSLA. For most employees, this is forty hours of work during a work week.
Overtime pay is calculated at one and one-half times the employee's regular rate
of pay for all time worked beyond the 40 hours of work in a workweek or the
applicable overtime threshold. When computing overtime, work performed by
regular employees, who are not subject to collective bargaining unit agreement,
will be compensated at the overtime rate for hours in excess of forty (40) hours
per week. An employee should record his/her time to the nearest quarter hour.
When computing overtime, time paid for but not worked (e.g., holidays, sick leave
and vacation time) is not counted as hours worked and therefore does not count
towards overtime.
Exempt employees: Exempt employees are not covered by the FLSA or
Washington Minimum Wage Act overtime provisions and do not receive either
overtime pay or compensatory time. An exempt employee is paid to perform a
job, which may not necessarily be completed in a normal work week.
Telecommuting: Telecommuting will only be allowed with the approval of the
City Manager on an exceptional case by case basis; for example, to
accommodate an employee who is temporarily unable to come to work but can
perform job duties by telecommunicating without causing an undue burden on
City operations. Approval of telecommuting will also be subject to conditions
which could include no use of personal equipment.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
4.3 COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES
A regular full-time or regular part-time non-exempt employee may request
compensatory time off ("comp time") in lieu of overtime pay. This is approved on
a case-by-case basis by the employee's department director. The City is not
required to grant comp time instead of overtime pay. If the comp time option is
requested and approved, the employee is credited with one and one-half times
the hours worked beyond forty hours in a workweek. All earned and used comp
time must be accounted for on the employee’s time sheet. Maximum accruals of
compensatory time shall be limited to one hundred twenty (120) hours, unless
otherwise provided by a collective bargaining unit agreement. After maximum
accrual, overtime compensation shall be paid.
Employees are encouraged to use comp time accrued within ninety (90) days of
earning it, unless, in the opinion of the department director, City operations would
be unduly disrupted. Comp time should be used for short term absences from
work during times mutually agreed to by the employee and his/her department
director.
Employee comp time balances may be reviewed periodically as part of the City's
financial process. The City retains the right to periodically cash out an
employee’s accrued comp time or any portion thereof.
Employees will be paid for unused compensatory time on the last working day of
the month upon written request received by the Finance Director prior to
September 30 of each year or termination from employment. No conversions are
permitted during the period of October 1 through December 31.
4.4 ALTERNATIVE REGULAR SCHEDULE
Consistent with the operational needs of the City and upon approval of the City
Manager, a department director may authorize alternative work schedules to
allow non-represented employees to work other than the standard work day,
subject to standards and conditions determined by the City Manager. Alternative
work schedules may be considered within an established period of work hours
and may be implemented provided there is no appreciable disruption to
department operations or service to the public during the established hours when
City facilities are open to the public. The City Manager may terminate the
alternative work schedule program by department or on an individual basis at any
time.
Accruing and Using Sick and Vacation Leave and Holiday Pay: Sick and
vacation leave will continue to accrue at the regular rate when an employee is on
an approved alternative work schedule. When an employee takes a full day of
sick or vacation leave, the time charged will be equivalent to the full number of
City of Port Townsend Personnel Policies Manual Page 29
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
hours the employee was scheduled to work. For example, employees working a
four/ten schedule will be charged ten hours for full-day absence. This
compensates for actual time absent for regularly scheduled work hours.
Paid Holiday falling on regularly scheduled work day: When a paid holiday
falls on an employee’s regularly scheduled work day, the employee will be paid
eight (8) hours of holiday pay regardless of the assigned work schedule unless
otherwise provided by a collective bargaining unit agreement.
Paid Holiday falling on regularly scheduled day off: When a paid holiday
falls on an employee’s regularly scheduled day off, the employee will be paid
eight (8) hours of holiday pay regardless of the assigned work schedule unless
otherwise provided by a collective bargaining unit agreement.
Meal Periods and Breaks: Employees on alternative schedules are required to
take an unpaid lunch break of at least 30 minutes per work day. Employees are
entitled to a paid 15 minute break for every four (4) hours of working time; this
break should be taken near the midpoint of each work period. Where the nature
of the work permits intermittent rest periods equivalent to fifteen minutes every
four hours may be taken in lieu of schedule rest periods. Breaks may neither be
accrued nor added to lunch periods or start or end of work days.
4.5 ATTENDANCE
Punctual and consistent on-site attendance is a condition of employment and is
considered an essential function of the job for all City employees. All employees
are expected to report to work as scheduled and perform productive work for the
City during their scheduled work shifts. Each employee is responsible for
maintaining an accurate record of his or her attendance.
Employees unable to work or unable to report for work on time are to notify their
supervisor before the employee is scheduled to start work. Absent extraordinary
circumstances, other employees are not allowed to handle this responsibility for
them and should not be asked to do so. Employees must also notify and obtain
permission from their supervisor for any early departures or absences during the
work day. If an absence continues beyond one day, the employee is responsible
for reporting in each day, unless other arrangements have been approved in
advance by the employee’s immediate supervisor or Human Resources. If the
supervisor is unavailable, the employee may leave a message with the
department director or his/her designated representative, stating the reason for
being late or unable to report for work.
An employee who is absent without authorization or notification on a scheduled
work day is subject to disciplinary action, including possible termination.
City of Port Townsend Personnel Policies Manual Page 30
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Employees may also be disciplined up to and including termination for failing to
report to work without notice or with insufficient notice, for excessive
absenteeism or tardiness, or for other attendance and tardiness problems. An
employee who is absent without notification or authorization for two (2)
consecutive scheduled work days shall be considered as having abandoned his
or her job and will be viewed as voluntarily resigning their employment and will
be terminated. Exigent circumstances (for example incarceration, hospitalization)
will be evaluated on a case-by-case basis.
Other than as required by law, leave without pay is subject to attendance rules
and is not protected leave.
If an employee’s regular attendance is impacted by a medical condition, the
affected employee is expected to notify his or her supervisor or department
director, or contact Human Resources, to discuss reasonable accommodations,
such as a leave or temporary change in work schedule, that may enable the
employee to perform the essential functions of his/her position, including
providing regular attendance. Failure to do so may constitute reasonable
grounds for disciplinary action based on violation of these attendance
requirements. Attendance is considered an essential element of the job.
4.6 EMERGENCY CONDITIONS
Reporting to work: It is the intent of the City that all City offices shall be open
and in operation during established working hours. Because many City services
are of primary importance during emergency or extreme weather conditions,
employees should make a reasonable effort to report to work on a timely basis.
Should conditions exist which would prevent City employees from reporting to
work due to an emergency or extreme weather conditions, it will be the
employee's responsibility to contact his or her department to indicate anticipated
absence from work or late arrival to work.
During times of inclement weather, natural or man-made disaster or other
emergencies, it is essential the City continue to provide vital public services.
Therefore, unless the City notifies employees otherwise, employees are
expected to make every reasonable effort to report to work and/or remain at work
without endangering their personal safety or the safety of others.
Any regular full-time or regular part-time employee unable to report to work as a
result of emergency or extreme weather conditions will be given the option of
using any form of accrued leave (excluding sick leave), or taking time off without
pay for time missed if all other leaves are exhausted. The employee shall
promptly advise his/her supervisor, as in any other case of late arrival or
absence. Unauthorized absences may be subject to discipline. Under
exceptional circumstances, with the approval of the department director and City
City of Port Townsend Personnel Policies Manual Page 31
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Manager, a request to make up the lost time within the same workweek may be
granted.
Workplace Closures: The City may close any, or all, city offices and facilities
and cease operations on any regular work day or portion of a work day, on
account of extreme weather conditions, natural and man-made disasters,
emergencies that threaten employees' welfare or safety, failure or defect in the
supply of power or other utilities, civil disturbance, acts of civil or military
authorities, budgetary shortfall, or for any other reason, whether similar or
dissimilar to the above, or for an Act of God. Any regular full-time or regular part-
time employee who does not work his or her regularly scheduled hours due to
such closure will be given the option of using any form of accrued leave (except
sick leave), or taking time off without pay for time missed.
Employees are subject to call-back during disasters and other emergencies. See
section 4.8 below.
4.7 BREAKS AND MEAL PERIODS
Employees will take one (1) fifteen-minute break, near the midpoint of each work
period, for every four (4) hours worked. Where the nature of the work permits
intermittent rest periods equivalent to fifteen minutes every four hour may be
taken in lieu of scheduled rest periods. All breaks shall be arranged so they do
not interfere with City business or service to the public and must be coordinated
with other employees. Breaks may not be used to justify either a late arrival or
an early departure from work.
Employees who work for more than five (5) consecutive hours are allowed an
unpaid meal period of at least 30 minutes that begins no less than two (2) hours
or more than five (5) hours from the beginning of the shift. Meal periods shall be
scheduled by the employee's supervisor. The scheduling of meal periods may
vary depending on department workload. Meal periods are unpaid and are
usually one hour in length. Employees are generally not permitted to work
through their meal period in order to leave work early but may do so occasionally
to meet operational demands, and when approved by the supervisor. In the rare
instances when an employee works through their meal period, the employee is
paid for the meal period.
4.8 CALL BACK
All employees are subject to call back in emergencies or as needed by the City to
provide necessary services to the public. A refusal to respond to a call back is
grounds for disciplinary action, including possible termination. Employees called
back to duty will be paid their appropriate rate of pay for hours worked, including
overtime if applicable.
City of Port Townsend Personnel Policies Manual Page 32
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
4.9 PAYROLL RECORDS
The official payroll records are kept by the Finance Department. Each employee
shall turn in to his or her supervisor twice a month (in accordance with a process
and schedule from the Payroll Benefits Administrator), a work record, noting
hours worked, leave taken and overtime worked. Exempt employees will report
and submit leave taken during the pay period. An employee’s submission of
his/her work record constitutes his/her verification that the time reported as
worked or paid and unpaid leave taken away from work was in accordance with
the policies of the City and all time has been recorded accurately. All employee
time must be reviewed and approved by the supervisor. The City Manager or
his/her designee shall approve work records for department directors.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 5
COMPENSATION
5.1 PURPOSE
The City is committed to maintaining a compensation program that strives to
ensure fairness, pay equity, and external competitiveness to attract and retain
talented and engaged employees. The purpose of this policy is to provide
guidance regarding City compensation and benefit goals, subject to collective
bargaining agreements and fiscal constraints. All compensation and benefit
decisions will be made without regard to race, gender and/or gender identity,
sexual orientation, age, or any other protected class identified by the federal or
Washington State government.
5.2 COMPENSATION PHILOSOPHY
The City’s compensation program should be designed to attract and retain
dedicated, diverse, hardworking, and talented employees who effectively support
the mission of the City. The total compensation program is made up of both pay
and benefits. Therefore, the City’s compensation philosophy shall be competitive
in the relative market(s), considering all appropriate factors. Those factors
include but are not limited to: compensation provided by comparable cities, pay
equity, internal equity, total cost of compensation provided by comparable cities,
reality of recruiting in certain market conditions, and fiscal resources available to
the City. The guiding principles set forth in this policy are expressed as general
goals, with a full understanding that wages and benefits are mandatory subjects
of bargaining for represented employees. This policy applies to non-represented
City employees. It may also serve as a guideline for the City Manager and City
Council in labor negotiations. Compensation decision-making for non-
represented employees is subject to City Council approval; compensation
adjustments for represented employees are subject to collective bargaining and
ratification by the union(s) and City Council.
5.3 COMPENSATION GOALS
The Compensation Philosophy provides the framework to achieve the following
Compensation Goals:
A. To attract and retain dedicated, diverse, hardworking, and talented
employees who are well-qualified to perform their duties in an ever-
evolving municipal government environment;
B. To pay employees fairly and to strive for both internal and external pay
equity;
C. To be consistent, transparent, and fair when compensating employees;
D. To be externally competitive by providing compensation and benefits
commensurate with the labor
City of Port Townsend Personnel Policies Manual Page 34
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
E. market;
F. To be fiscally responsible;
G. To be legally defensible.
5.4 MARKET DEFINITION
The comparable labor market will be defined as cities in Washington State based
on geographic location, population size, revenue base, and attributes similar to
Port Townsend. When establishing comparable cities, those located in
Jefferson, Clallam, and Kitsap counties or those areas within commuting distance
may be given priority. Other local government agencies and private employers
may be taken into consideration when they are determined to be a relevant factor
in the proximate labor market. The relevant labor market will be defined in a
manner that reflects the primary industries or organizations where labor talent is
found, recruited from, or lost to.
5.5 MARKET COMPETITIVENESS
To maintain pay and benefits that are competitive with the compensation of
employers offering similar employment and competing in the same labor market,
the City sets compensation in relation to the comparable labor market. However,
the City recognizes that there are situations where exceptions and flexibility may
be necessary, including, but not limited to:
• Recruiting the desired type of talent in certain jobs is a sustained problem
and results in
• negative impacts on the City and the public;
• Retention problems including succession and turnover;
• City priorities;
• Internal anomalies in alignment, disparities, or inconsistencies;
• Significant changes in the economy or marketplace;
• Limitations on available financial resources.
5.6 SALARY CLASSIFICATION AND GRADES
Each job title within the City of Port Townsend is structured into a salary
classification system. Each position is designated a particular salary grade and
pay range as shown on the City's salary and wage schedules. The salary and
wage schedule for non-represented positions is approved annually by the City
Council through the annual budget process. The wage schedules for
represented positions are covered by bargaining agreements and are approved
by the City Council for the contractual period of the respective agreement. All
wages are included in the City’s annual budget. The City Manager, within the
total amount approved for salary and wages in the annual budget, may set
employee compensation and provide for raises or decreases in employee
compensation based on performance, merit, longevity, relevant professional
City of Port Townsend Personnel Policies Manual Page 35
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
certifications, additional responsibility, and any other factors considered relevant
by the City Manager.
5.7 JOB DESCRIPTIONS AND RECLASSIFICATION
Job descriptions are the official description of the representative duties,
responsibilities and supervisory relationships of a classification. The job
description sets forth the following information for each position: title; summary of
nature of work; essential duties and responsibilities; minimum requirements and
qualifications, including knowledge, skills and abilities essential for satisfactory
performance in the position. The descriptions may also include a summary of the
physical demands, work environment and key relationships an employee may
encounter while performing the essential functions of the position. Human
Resources maintains a master set of all job descriptions.
The content of any job description is intended to be descriptive rather than
restrictive and shall not to be construed to limit or modify the authority of the City
Manager to take from, add to, eliminate entirely or otherwise change the job
content of any position. To make the most efficient use of personnel, the City
reserves the right to change an employee’s work conditions and duties as
originally assigned either on a temporary or permanent basis. If these
arrangements become necessary, the City expects the employee’s best
cooperation.
Department directors may address the possible reclassification of positions by
making a request to Human Resources. Human Resources will review the
request and make a recommendation to the City Manager, whose decision is
final and not subject to review or appeal.
5.8 PAY RATES
Initial employment: Employees shall be paid within the limits of the pay range
to which their positions are assigned. Usually, a new employee will begin
employment at the minimum pay rate for the respective classification. However,
the City Manager may authorize a new employee to be started at a higher rate
than Step 1 when the employee's experience, education, training or proven
capability warrant, or when conditions require a higher starting rate, within the
limits of the established pay range and considering internal equity. Additionally,
the City Manager may negotiate and authorize leave accrual rates and balances
for a new employee above the entry-level rate.
Salary Range Progression and Anniversary Date: After an employee has
been certified as having successfully completed the applicable trial period, their
anniversary date of employment will be retroactive to the date of hire into a
regular full or part-time position. For employees who transitioned from a
represented to a non-represented position, the anniversary date for the purpose
City of Port Townsend Personnel Policies Manual Page 36
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
of step increases shall be the date the employee started in a non-represented
position. Employees will receive a step increase on their first anniversary date
and every subsequent anniversary date until they reach the maximum of their
pay range, as long as they are satisfactorily performing their job. This is defined
by an annual performance review. If an employee’s performance is
unsatisfactory, no step increase will be given if they are working on a formal
Performance Improvement Plan unless a different process is provided in the
employee’s bargaining agreement. A department director may request that the
City Manager approve an additional step increase on an employee’s anniversary
date if the employee has demonstrated exceptional performance of the position’s
duties. A department director may request a step increase be approved by the
City Manager at the end of a trial period within the first year of occupying a
position or upon the assumption of substantially increased duties and/or
responsibilities. Step increases are subject to the availability of budgeted
funds.
Non-Represented Employees Annual Salary Adjustments: The City Manager
will recommend a salary schedule and any adjustments for non-represented
employees to the City Council for approval as part of the budget process. In
addition, the City will attempt to mitigate compression issues as they arise. The
City Manager will make appropriate and timely recommendations to the City
Council to maintain internal equity, prevent compression, and consider the
immediate and anticipated long-term financial resources of the organization.
Promotions: Any employee promoted to a position in a higher classification and
salary range after competing for an existing vacancy will normally receive the
next highest available pay step in the new range. The City Manager may
authorize the advancement of additional steps if the next highest step increase
results in a raise less than 5% above the employee’s pay prior to the promotion.
Reclassification: Any employee who transitions to a higher classification and
salary range based on demonstrated skills, knowledge, and abilities will normally
receive the next highest available pay step in the new range. The City Manager
may authorize the advancement of additional steps if the next highest step
increase results in a raise less than 2% above the employee’s pay prior to the
reclassification. These reclassifications are generally restricted to situations
where an employee is already successfully performing the essential duties of the
position and no vacancy exists. The department director may request the
reclassification of an employee through Human Resources with the ultimate
determination to be made by the City Manager, depending on budget and
internal equity factors.
Transition to Former Position: When an employee transitions to a former
position following a temporary assignment, promotion, or transfer, the employee
will usually return to the salary step held prior to the temporary assignment,
promotion, or transfer.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Position Reinstatement: When an employee who has been laid off returns to
the same classification occupied immediately prior to lay-off, the employee will
usually return to the same salary step held at the time of lay-off.
Pay Rates - Interim Temporary Assignments: An employee approved for
temporary assignment by the City Manager for an interim period lasting in excess
of twenty (20) workdays to perform the position of a higher classification may
have their salary raised to the next higher rate (of employee’s current wage rate)
within the new assignment classification. However, when an employee assumes
only a portion of the duties of a higher position and/or shares them with another
employee (such as when two managers serve as Acting Director), the City
Manager may authorize 5% out-of-class pay. Any salary change as a result of a
temporary assignment is subject to the approval of the City Manager. Temporary
assignments will not usually exceed six (6) months in duration. Compensation for
interim temporary assignments shall not result in a classification change.
Payroll Change Notices: An employee scheduled to receive an increase in pay
during any pay period will receive the increased pay on the effective date of the
change, provided however, a personnel action form with appropriate signatures
must be received and processed by Human Resources before a pay increase will
take effect.
5.9 MARKET ANALYSIS; EMPLOYEE BENEFITS AND RECOGNITION
COMMITTEE
The Human Resources Department will conduct a market analysis of positions
during the collective bargaining process, as needed for represented employees.
The Human Resources Department will endeavor to conduct compensation
surveys for non-represented positions every three years. The Human Resources
Department will create and coordinate a benefits committee, comprised of non-
represented employees throughout the City. The purpose of this ongoing benefits
committee is to review and make recommendations to the City Manager for
sustainable and competitive benefit programs. Based on the survey data, the
City Manager will recommend salary ranges, market adjustments, and benefit
adjustments for non-represented positions to the City Council. The City Manager
will consider the following goals in developing recommendations:
1. Establish salary ranges using the midpoint averages of salary ranges
for Port Townsend’s comparable agencies. The salary ranges will be
consistent with best practices and established at ranges that are 24%
from minimum to maximum with 9 steps. Incremental increases
between steps shall represent 1/8 of the total salary range. Each non-
represented position will be placed within a pay grade based on market
comparisons.
2. Assign pay grades and salary ranges to positions based on the market
data. There may be some positions that are unique to Port Townsend
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
and do not have enough market comparisons to provide relevant data.
In this case, the City will collect data on positions that are common in
the marketplace and use these for benchmarks and will use internal
comparisons and similar positions to place these positions in a salary
grade that most closely reflects the responsibilities of the position.
3. Apply annual cost of living increases uniformly to all pay grades based
on Council direction during the budget process.
4. Address any issues of compression between non-represented
supervisory positions and their direct reports.
5. Place individual employees at a step in the applicable salary grade that
is closest to their current pay rate and represents an increase in pay if
market analysis shows a need to change a position's salary grade.
Placing employees within new ranges may result in being placed at a
lower step number within the position’s range, but not reflect a lower
salary. Step increases each year are intended to transition an
employee to be on par with the comparison markets within a few years
upon being placed in a new pay grade.
6. For any employee whose current salary falls below the newly adopted
pay range minimum, place them on the newly adopted pay range at
the minimum step.
7. Freeze the salary of any employee whose actual salary exceeds the
top of a new approved salary range (i.e., the employee will not receive
step or cost-of-living increases) until such time as the salary range for
that position catches up to the compensation of the employee.
8. Give employees a step increase on their anniversary date if they are
satisfactorily performing their job and not on a formal Performance
Improvement Plan until they reach the top step of the range.
5.10 PAYDAYS
The City will pay employees at least twice monthly. If a designated payday falls
on a Saturday, Sunday or holiday, the paycheck for that payday will be ready for
each employee on the preceding business day.
Any errors in any employee’s pay shall be reported by the employee to the
supervisor and payroll at least five (5) business days prior to issuance of the next
check. This reporting deadline is designed to allow processing time for the City to
correct the error. Failure to meet the reporting deadline will not result in forfeiture
of an employee’s right to claim an adjustment at a later date. In some situations,
additional time may be needed to investigate and verify the error. The City
reserves the right to correct errors in pay at any time.
5.11 DEDUCTIONS
Some regular deductions from the employee's earnings are required by law;
other regular deductions are specifically authorized by the employee. The City
City of Port Townsend Personnel Policies Manual Page 39
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
will withhold from the employee's paycheck those deductions required by law and
any voluntary regular deductions authorized by the employee, applicable union
contract, or statute. The City will deduct other contributions and/or payments
upon written employee authorization, subject to approval by the City Manager
and the capabilities of the City’s computer accounting system.
City employees will be required to sign an agreement authorizing payroll
deductions for any personal expenses incurred through the use of programs such
as employee cell phones or City purchasing cards, prior to the initial use of such
City instruments. The authorization will apply to any amounts the employee fails
to pay on a timely basis, including any payments due prior to or coming due after
issuance of the employee’s final paycheck at the end of the pay period.
5.12 REPORTING COMPENSATION ISSUES
It is the City’s policy to comply with the requirements of the FLSA and
Washington Minimum Wage Act and any other laws regarding compensation and
deductions.
If an employee believes that an improper deduction has been made to his or her
paycheck, or believes that his or her pay has been calculated improperly, the
employee should immediately report this information to his/her direct supervisor,
Payroll Benefits Administrator, or the Finance Director.
Reports of improper deductions or improper payment will be promptly
investigated. If the City determines that an improper deduction has occurred, the
employee will be reimbursed for any improper deduction made or any correction
in pay needed to remain consistent with the wage and hour provisions, or any
governing provision of a union contract or other legal obligation. Similarly,
improper payments to employees will also be subject to reimbursement by the
employee. In the event of an overpayment or overpayments in the total amount
of $500.00 or more, the employee, with the approval of the City Manager, may be
allowed to enter into an agreement with the City to reimburse the City in a series
of deductions or payments over a specified period of time until the City is fully
repaid.
5.13 TRAVEL EXPENSE REIMBURSEMENT
City employees and officials will be reimbursed for reasonable and customary
expenses incurred in the conduct of their business for the City (“business travel”),
including food, lodging and travel expenses while away, but excluding any
expenses for personal entertainment and alcoholic beverages.
Reimbursement for such expenses will be made subject to conformance with the
following:
• These policies,
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
• Chapter 42.24 RCW, Payment of Claims for Expenses, Material,
Purchases—Advancements; and
• Chapter 10 – Travel of The State of Washington Administrative &
Accounting Manual Issued by the Office of Financial Management
(“OFM Travel Manual”) (including amendments, as applicable).
The City Manager determines applicability and interpretation of the
OFM Travel Manual.
Terminology references in the OFM Manual are changed as follows:
Where OFM
Manual uses -
Change to -
State City
Agency Department
Travel Expense
Voucher
City form
providing
equivalent
information
State Charge
Card System
City purchasing
card
Travel
Authorization
City form
providing
equivalent
information
Statute Ordinance or
Resolution
Director of
OFM
City Manager
The OFM Travel manual is available online at http://access.wa.gov/, then type
OFM Travel into the search feature.
A specific provision in these policies governs over any conflicting provision in the
OFM Manual.
Supervisors must approve any employee business travel in advance. Employees
should provide their supervisor with a copy of their itinerary before leaving on
business travel.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Under normal circumstances, employees should use the most appropriate form
of transportation available, book the least expensive fares, and stay in and eat at
moderately priced establishments.
Employees may use either actual expenses or per diem allowance to seek
reimbursement; provided, the department director may designate that
reimbursement is limited to actual expenses. Whichever method is used to
account for expenses, the maximum the City can reimburse is limited to the per
diem amounts in the OFM Travel Manual. Only the City Manager may approve
higher travel costs on a case-by-case basis.
Employees who know or anticipate that they will have a special request for travel
expense reimbursement should ask for approval from their supervisor before
incurring the expense. Request for a travel advance must be submitted 10 days
prior to departure by submitting the appropriate form to the Finance Department.
Any travel expenses considered unreasonable under the circumstances will not
be paid or reimbursed and are the employee’s personal responsibility.
An employee will not be reimbursed for the travel (including lodging and meal)
and transportation expenses of his or her spouse, registered domestic partner or
other non-employee(s) who may accompany the employee.
A City-issued credit may be used to cover expenses incident to authorized travel.
If an employee with a City-issued credit card uses the credit card for any meal
expense, the reimbursement for that meal is limited to the actual expense of the
meal up to the maximum amount allowed. The employee must provide receipts
documenting any travel expense for which reimbursement is sought.
It is prohibited to use a City-issued credit for personal use or purchases. For
example, if a City employee is traveling with a spouse, and uses a credit card to
pay for a ferry ticket, the card must only be used for the employee’s ticket and
not the spouse’s ticket.
Travel during the employee’s regularly scheduled hours of work is considered
work time (with some exceptions – contact Finance Dept. for information). Work
time applies whether the employee is driving or not. Employees are encouraged
to car pool to conferences.
Requests for reimbursement must be submitted within 30 days of the date
expenses are incurred.
Meal Reimbursement - No Overnight Stay: Consistent with OFM Travel
Manual (section 10.40.50), the City may authorize the reimbursement of meal
expenses incurred during authorized trips that do not involve an overnight stay
subject to the following two criteria:
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
1) Three Hour Rule: A traveler may be reimbursed for meal
expenses only after the traveler is in travel status for three hours
beyond the traveler’s regularly scheduled working hours for any
one day. The three hours may consist of hours occurring before,
after, or a combination of both before and after the traveler’s
regular scheduled working hours for the day. Example: if the
traveler is an 8 hour day employee, they would need to be in travel
status for 12 hours (8 hours + 1 hour for lunch + 3 hour rule.)
2) In Travel Status During the Entire Meal Period: Travelers must
be in travel status during the entire agency-determined meal
period(s) in order to qualify to collect meal payment for meal(s)
(except as provided in OFM Manual Subsection 70.15.10). The
traveler may not stop for a meal just to meet the three hour rule.
If meals qualify under the above criteria, the City may authorize reimbursement.
Where this occurs, the reimbursement will be added to the employee’s regular
paycheck as the IRS has determined that such reimbursement is subject to
federal taxation.
5.14 COMPENSATION FOR TRAVEL TIME
Exempt Employees: Employees who are exempt from the Fair Labor
Standards Act (FLSA) are not compensated for travel time.
Non- Exempt Employees: Employees working in positions which are not
exempt from the Fair Labor Standards Act (FLSA) may be on paid time for all or
part of the time traveling on City business based upon the circumstances. Paid
time for travel shall be clearly resolved in accordance with FLSA guidelines in
advance of authorizing travel. The following guidelines will resolve the question
in most cases. Supervisors are required to evaluate and resolve whether and to
what extent travel time is paid in each situation. Cost to the City should be a key
factor in authorizing travel for City business. Supervisors should consult with the
City Manager or City Attorney to resolve any questions before authorizing travel.
Travel during the employee’s regularly scheduled hours of work: Travel on
City business during the employee’s regularly scheduled hours of work is
considered work time.
Same day travel and return outside the regularly scheduled hours of work:
An employee traveling and returning in the same day is considered to be working
while engaged in approved travel on City business as necessary to meet the
assignment (example: driving to another city for a training session). However,
those components of the travel time that could be regarded as ordinary commute
time between home and work are excluded (for example, traveling from home to
Port Hadlock might take about the same time as driving to and from work).
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Overnight travel: On overnight business trips, the time an employee spends
traveling is considered work time whether the travel occurs on a normal workday
or a day off if it takes place during the employee’s regularly scheduled hours of
work. However in some instances not all of the time traveling may be
compensated; for example: employee travels to Spokane on business and
chooses to stay an extra night to drive home rather than flying. Only the time it
would have taken to fly home would be compensated. In addition, if the cost of
mileage is more than the cost of an average flight, compensation will be limited to
cost of a flight.
Supervisors must approve the mode of travel and amount of anticipated travel
compensation time in writing prior to the trip. Any expenses above and beyond
those agreed to are the responsibility of the employee.
5.15 COMPENSATION UPON TERMINATION
When employment with the City of Port Townsend is terminated, the employee
will receive the following compensation on the next regularly scheduled payday:
1) Regular wages for all hours worked up to the time of termination
which have not already been paid;
2) Any accrued overtime or holiday pay;
3) Accrued and unused vacation leave and compensatory time unless
disallowed by Policy 10.5
4) Less any authorized deductions for any unpaid personal expenses,
for any expenses due to the failure to return City property as
required prior to the date of termination.
Following the last day worked, employees may elect to use up to a maximum of
three weeks of accrued vacation time as their final weeks of service with the
remainder of vacation accrual being paid out as a cash payment.
In case of an employee’s death, payment shall be made in accordance with the
provisions of RCW 49.48.120 pertaining to payment on employee’s death.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 6
PERFORMANCE ASSESSMENTS AND TRAINING
6.1 PERFORMANCE ASSESSMENTS
To achieve the City’s goal to train, promote and retain the best qualified
employee for every job, the City conducts periodic performance assessments for
all regular full and part-time positions. Employee reviews are normally conducted
by department directors or direct supervisors prior to completion of a trial period
and usually once every twelve (12) months thereafter. Annual performance
assessments shall be completed no later than one month after the employee’s
anniversary date, and completed by the conclusion of the new-hire or new-
position probationary period. The assessment function is a communication tool to
provide an opportunity for supervisors and employees to discuss, in a structured
way, what each can do to make the workplace more productive.
The assessment is part of an employee's personnel record and may be a factor
in determining whether the employee has successfully completed his/her trial
period, receives a wage increase, or is promoted, transferred, disciplined,
demoted, laid off or terminated. In the event an employee is not performing up to
the City’s and the supervisor’s standards, the supervisor may establish a time
frame for improvement and identify the tools needed for improvement. If the
employee fails to improve in the time frame specified, the employee may be
subject to discipline, including but not limited to demotion, or termination.
Assessments may also be used during periods when additional information or
training is being used to increase an employee’s ability and performance.
Supervisors and employees are encouraged to meet regularly to discuss
performance, whether in a formal or informal setting. Communication on
performance will regularly occur informally. Annual performance assessments
help employees understand the nature and quality of their performance. These
meetings provide a plan for improvement, the motivation to improve
performance, if needed, and the development of goals for future performance.
Employees assuming duties in a new position will normally be assessed within
six (6) months of assuming the new duties.
Within five (5) working days of the receipt of a copy of a performance
assessment, the employee may express agreement or disagreement with the
assessment by writing in the comment section of the assessment form and/or
attaching an additional page. The employee's response will be reviewed by the
employee's supervisor and department director, and may result in changes to the
assessment. The employee's written response will be attached to the
assessment form and included in the personnel file.
Employee performance assessments are not subject to grievance procedures.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Trial Employee: A completed employee performance assessment with an
appropriate recommendation shall be submitted to Human Resources. The
standard trial period shall be six months, but may be extended by the City
Manager, for one or more additional six-month periods.
6.2 TRAINING
The City encourages continued education to enhance and develop the potential
of each employee. The City seeks, within the limits of available resources, to
offer training to increase an employee's skill, knowledge and abilities directly
related to City employment, to obtain or maintain required licenses and
certifications, and to develop staff resources. Opportunities may include but are
not limited to: on-the-job training, in-house workshops, and seminars sponsored
by other agencies or organizations.
In cooperation with the City Manager, the department director may establish
training program standards, recommend fiscal policies for training expenditures,
and evaluate training methods and results. City sponsored training which is
required for the performance of an employee's job duties shall be arranged
whenever possible during regularly scheduled work hours. A department director
may change the standard work hours to accommodate required attendance at
training activities during normally off-duty hours. Schedules may also be adjusted
to allow employees to attend non-required training, provided the training activity
is designed to increase the knowledge, skills and abilities of an employee for the
position he/she presently occupies. Pre-approved training attendance is
considered time worked except where the training is voluntary, occurs outside
regular business hours, is not directly related to the employee’s job, and/or the
employee performs no work during the training. Absences due to training must
have prior approval by the employee’s department director.
6.3 TUITION REIMBURSEMENT
Upon the approval of the City Manager, reimbursement may be granted for a
formal study course from an accredited school, college or university provided the
course is related to the employee's work and will increase his or her knowledge,
skills and abilities to perform the work. Time spent in attendance at these
courses shall be considered the employee's personal time. If approved by the
City Manager, the affected employee's work schedule may be altered so the
course does not occur during his/her regularly scheduled working hours. Partial
or full reimbursement of the cost of tuition may be made upon approval of the
City Manager. Books and supplies will be at the expense of the employee,
unless the City Manager agrees otherwise. Employees may be eligible for tuition
refunds by meeting the following conditions or such other conditions as approved
by the City Manager:
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
1) He/she must be a regular full-time or regular part-time employee of
the City of Port Townsend;
2) Prior to enrollment, the City Manager and the department director
must have approved the employee's course choice and educational
institution;
3) Application for tuition reimbursement must be made within sixty
(60) days following the completion of the course of study;
4) Employee must complete the course with a minimum grade of "C"
or equivalent; and
5) Funds to reimburse the employee for tuition must be available
through appropriations in the current department budget.
6.4 EMPLOYEE TRAINING AND TUITION OBLIGATIONS
The City of Port Townsend may require an employee to submit a signed
statement agreeing to remain for a specified time in the service of the City as a
condition of reimbursement for tuition/training expenses. Employees who fail to
remain employed by the City for the specified time period shall reimburse the City
for the monies given him/her on the basis of that agreement.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 7
BENEFITS
7.1 RETIREMENT BENEFITS
The City of Port Townsend makes contributions on behalf of all eligible
employees to the Social Security System, in addition to those contributions made
by the employee through FICA payroll deductions.
All regular uniformed employees in the police departments are covered by the
Law Enforcement Officers’ and Firefighters’ Retirement System (LEOFF). All
regular full-time and eligible part-time non-uniformed employees are covered
under the Public Employees Retirement System (PERS). Eligibility, benefit
levels and contribution rates for each system are determined by the State of
Washington.
Employees intending to retire are asked to notify the department director of their
intent at least three months prior to the date of the planned retirement.
7.2 DISABILITY BENEFITS AND WORKERS COMPENSATION
All employees are covered by the Washington State Workers' Compensation
Program. This insurance covers employees in case of on-the-job injuries or job-
related illnesses. For qualifying cases, Washington State Worker’s
Compensation Insurance will pay the employee for work days lost and related
injury or illness medical costs. All job-related accidents and injuries must be
reported immediately to the employee’s supervisor. The supervisor shall direct
the injured employee to seek immediate medical treatment if necessary, and
shall be responsible for ensuring, as soon as physically possible, that the injured
employee completes the Washington State Labor and Industries claim form and
the City’s Personal Injury Accident Report form. The supervisor is required to
complete the supervisor portion of the City accident report form.
Unless otherwise required by State law, the procedure for worker’s compensation
time loss payment/reimbursement will be as follows:
If the job-related injury or illness requires the employee to be absent from work
for more than 3 consecutive days, the City will grant eligible employees Family
Medical Leave, which is further discussed in Section 8.8 of these policies. While
on Family Medical Leave, the employee will be paid available and accrued sick
leave. When and if his/her sick leave is exhausted, compensatory time or
accrued vacation leave must be used.
If the job-related injury or illness requires the employee to be absent from work
for more than three (3) consecutive days, State Industrial Insurance (Worker's
City of Port Townsend Personnel Policies Manual Page 48
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
Compensation) will begin to pay time loss compensation for hours not
compensated through Family Medical Leave, as referenced above. This
compensation varies according to a set formula based on marital status and
number of dependents.
Employees cannot use sick leave or paid vacation and receive worker's
compensation at the same time, because this results in a "double payment."
Typically, a double payment occurs if the employee has applied for workers
compensation, but is receiving full pay through accrued leave while waiting for
state benefits to be approved. If a double payment occurs, employees must use
the time loss money from worker's compensation to "buy back" the sick leave or
paid vacation previously deducted from their accruals. Compensatory time
cannot be bought back. Since worker's compensation only pays a percentage of
full wages, an employee can only "buy back" a percentage of the leave their buy
back sum represents. Generally, the employee will not suffer an income loss
while receiving worker's compensation benefits so long as the employee has a
paid leave balance available to supplement the difference between state benefits
and compensation for normal working hours.
When an employee who has received sick leave or paid vacation to cover a
work-related injury or illness, later receives a worker's compensation time loss
check, he/she must turn the check over to payroll. Failure or refusal to re-pay the
City for any duplication of benefits as required by this policy will be considered
fraudulent and may subject the employee to discipline, including termination.
Based upon the employee's hourly rate and the amount of worker's
compensation time loss received, payroll will determine the amount of leave to be
bought back. Payroll will notify an employee when all available sick leave and/or
vacation leave has been used. Once sick leave or other forms of accrued leave
are exhausted, an employee who remains on workers compensation will keep
additional worker's compensation time loss payments until he/she is able to
return to work or the employee’s condition can no longer be accommodated
through medical leave or light duty options. If an employee’s condition appears
to have lasting or potentially permanent impacts on the employee’s ability to
perform essential functions of their job, they may request information on job
openings within the City they are otherwise qualified to perform. Job retraining
programs are also available through the Department of L&I. When it appears the
employee will be medically unable to return to work, and no options for
reasonable accommodation or other job opportunities have been found, an
employee who can no longer perform the essential functions of their position will
be subject to medical termination.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
7.3 RETURN TO WORK – LIMITED DUTY ASSIGNMENTS
A. Return to Work
Before being allowed to return to work, an employee who has been away from
work due to an injury or illness will be required to provide documentation from
their medical provider which certifies, based on the essential duties described in
the employee’s job description, that the employee is able to resume his or her job
duties, or specifying limitations on their ability to perform any of these duties as
well as a time frame during which these limitations will apply. If restrictions or
limitations are placed on the employee’s ability to perform the job, the City, in
cooperation with the employee and any medical personnel, will determine if there
are any reasonable accommodations that it can make to enable the employee to
return to work and perform the essential functions of his or her job. The City may
require a medical examination at City expense, performed by a physician or
physicians of its choice, to determine when the employee can return to work and
if she or he is capable of performing the duties of the position. This requirement
applies to all employees who have been unable to perform their duties for an
extended period of time (more than 4 weeks), whether or not their injury was
initially work-related
B. Limited Duty Assignments
1. General
Employees who are temporarily unable to perform the essential functions of their
regularly assigned duties may, at the City’s discretion, be assigned to a limited
duty (LD) assignment. LD assignments are intended to help bring employees
back to work as soon as possible and to reduce workers’ compensation and
other costs. This policy is intended to establish consistent practices for all City
departments. It does not guarantee that any specific employee will be assigned
to a LD assignment. The availability of LD assignments shall be determined by
the Department Director based on the needs of the Department. The suitability
of a specific employee for a LD assignment will be based on the medical
restrictions imposed by the employee’s medical provider.
2. Duration
Limited Duty Assignments shall generally be offered for 90 days after the
employee’s medical provider says the employee may return to work. The LD
assignment may be extended for up to 180 days if: a) the Department Director,
after consulting with the Human Resources Manager, agrees that there is
sufficient work to be performed in the LD assignment; and, b) the employee’s
medical provider certifies that there is a reasonable medical certainty that such
an extension will allow the employee to return to her or his assigned position and
to perform all of the essential functions of the position. Probationary employees
who are assigned to LD shall have their probation extended by a period of time
equal to the LD assignment time.
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3. Application for LD Assignment.
An employee who wishes to be considered for a LD assignment shall provide
her or his supervisor with the following:
a) a written request for LD assignment, specifying the expected duration of
the assignment; and
b) a completed certification from their medical provider specifying the
specifying limitations on their ability to perform any of the essential job duties.
4. Evaluation of LD Assignment Request
a) The Department Director shall determine whether a LD assignment is
available, and shall set out with specificity the tasks that will be assigned to the
employee. If applicable, those tasks will be reviewed with the appropriate
bargaining unit to ensure the employee is not asked to perform work belonging to
another bargaining unit.
b) The Department Director will consult with the Human Resources
Manager and determine whether the employee’s medical restrictions will allow
the employee to perform the tasks associated with the LD assignment. The
Department Director may, but is not required to, add or subtract tasks from the
LD assignment.
5. LD Assignment Agreement.
If there is a LD assignment available, and if the Director determines that the
employee’s medical restrictions allow the employee to fill that assignment, the
Director shall provide the employee a LD assignment agreement that outlines the
duties, length of assignment, and job restrictions. Employees on LD assignment
shall receive their regular rate of pay.
6. Right to Discontinue
The City reserves the right to discontinue a limited duty assignment at any time
due to a change in operational needs or requirements, receipt of information that
the employee is no longer disabled or limited in a way that prevents performance
of his or her regular duties, or if the employee has shown an inability to
satisfactorily perform the duties of the assignment.
7. Rotation of LD Assignments
The City reserves the right to rotate limited duty assignments should the need
present itself where there are more employees eligible for light duty than
positions available. If light duty assignments are no longer available the City will
work with the employee to determine whether the employee is still capable of
performing the essential function of the employee’s position.
8. Availability of LD Assignments
Department Directors and supervisors will keep Human Resources informed of
projects or work backlogs that can be performed on a temporary basis and,
therefore, be considered when making light duty assignments.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
9. Employee’s responsibilities while on LD assignment.
a) Coordinate medical appointments in advance with her or his
supervisor, and accurately account for sick leave taken;
b) Following each medical appointment, but at least once every 90 days,
update her or his supervisor on any change in restrictions or limitations. Such
changes must be substantiated on the medical provider’s letterhead on a form
acceptable to the City;
c) Ensure her or his physical activity while on LD stays within the
guidelines prescribed by their medical provider;
d) Communicate any problem with the LD assignment that requires
accommodation based on his/her medical condition to the supervisor;
e) If required by the City, undergo an independent medical examination at
the City’s expense to help determine whether the employee wil be able to return
to full duty and to perform the essential function of the employee’s job.
10. Supervisor’s responsibilities
a) Notify HR/Payroll when an employee begins and ends a LD
assignment;
b) Monitor employee to ensure her or his physical activity while on LD
stays within the guidelines prescribed by their medical provider;
c) Communicate with the employee to ensure that any problem with the
LD assignment that requires accommodation based on the employee’s medical
condition is brought to the attention of the department director and Human
Resources;
d) Secure the privacy of employee medical condition information in the
workplace by keeping all documentation in Human Resources medical file and
not on shared network.
7.4 INSURANCE BENEFITS
Regular full-time and regular part-time employees are eligible for life, medical,
dental, vision, and income protection insurance as provided by applicable
insurance contracts that are maintained by the City. The City contributes
towards the cost of premiums in the amounts authorized by the City Council.
The remainder of the premiums, if any, shall be paid by the employee through
payroll deduction. The City reserves the right to make changes in the carriers
and provisions of these contracts when it deems necessary or advisable, and
shall provide notice as soon as practical to employees.
Temporary employees are not eligible for insurance coverage, unless required by
law or otherwise provided by authority of the City Manager.
7.5 CONTINUATION OF INSURANCE COVERAGE
Insurance on Employee’s Termination: Unless otherwise indicated in a
bargaining unit contract or health insurance carrier/trust rules, eligible
City of Port Townsend Personnel Policies Manual Page 52
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
employees who terminate, retire or are on an approved leave of absence, the
City will pay the premium for the month following the last month during which
employment occurred, provided the employee is on paid status for at least eighty
(80) hours of that month.
Workers Compensation Leave: An employee receiving Workers
Compensation time loss benefits who continues to be in a pay status will accrue
vacation leave and sick leave according to applicable policy and bargaining unit
contracts. The City also continues to pay the employer's portion of health
insurance premiums while the employee is in a pay status for the required hours
to qualify for health insurance per insurance carrier and bargaining unity
contracts, provided the employee continues to pay his/her share of premiums, if
any. The employee may continue health care benefits by self-paying insurance
premiums for the remainder of the time he/she receives Workers Compensation
benefits, unless that time frame exceeds the period provided under COBRA.
COBRA Rights: Upon an employee's termination from City employment or upon
commencement of an unpaid leave of absence, at the employee's option and
expense, the employee may be eligible to continue City health insurance benefits
to the extent provided under the federal COBRA regulations. An administrative
handling fee may be charged to the employee or his/her dependents who elect to
exercise their COBRA continuation rights.
7.6 UNEMPLOYMENT COMPENSATION
City employees may qualify for State Unemployment Compensation after
termination from City of Port Townsend employment depending on the reason for
termination and if certain qualifications are met. Employees who voluntarily quit
are often not eligible for these benefits, but some exceptions exist, such as the
geographic relocation of the employee’s spouse. Gross misconduct is also
grounds for denying these benefits. Check with the State Employment Security
Department for additional information.
7.7 EMPLOYEE ASSISTANCE PROGRAM
Recognizing the value of its employees, the City of Port Townsend has
contracted with an agency to provide support for employees who may experience
problems which affect the physical, mental and/or spiritual well-being of the
employee or employee’s family. The purpose of the Employee Assistance
Program (EAP) is to provide an opportunity for employees or their family
members to confidentially discuss problems and concerns affecting employees’
lives. EAP staff provides assistance in addressing problems involving family
and/or personal relationships or relationship problems at work, legal and financial
issues or problems involving alcohol or other types of substance abuse. The
program is paid for by the City and provides up to three meetings per event with
a counselor to assess an employee’s needs, develop a plan of action and/or
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
provide the employee with problem-solving referrals. The cost of any referral to
another resource is the responsibility of the employee or family dependent,
although these costs may be covered by the employee’s health insurance.
Employees’ use of the EAP is confidential to the extent Washington State Law
allows, unless the employee or family member signs a release specifically
authorizing the sharing of information.
When work performance problems are identified and cannot be corrected by the
employee’s supervisor or department director through normal corrective action,
an EAP referral may be made by the City. Compliance with such referrals is
generally voluntary, however employees are strongly encouraged to follow them.
If the performance problems in question continue, whether or not the employee
has attended the recommended EAP, the City may take other action including
possible termination. The existence of non-work related personal problems does
not release the employee from the responsibility to perform his/her job
responsibility satisfactorily. Participation in the EAP will not jeopardize an
employee’s professional status, job security or promotional status. Utilization of
the EAP agency during normal working hours will be subject to the use of sick
leave. If sick leave has been exhausted, the employee may use accrued
vacation leave, comp time or employee choice days if eligible for their use or may
request unpaid leave pursuant to section 8.4.
The employee and his or her family may choose to use the agency’s services
independently without a referral by the City. The self-initiated contact between
the employee, his or her family and the agency will be confidential and records
are not accessible to the City. Coordination of medical benefits for counseling or
referral assistance by EAP, beyond those services provided under the City’s
contract with the EAP agency, is determined by the medical plan covering the
individual employee. Questions concerning insurance coverage may be referred
to the Payroll/Benefits Division of the City’s Human Resources Department.
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
CHAPTER 8
LEAVES
8.1 VACATION LEAVE
Annual vacation time will be accrued for each employee on the following basis for
employees working forty (40) hours per week:
Continuous years of
service
Monthly vacation hours
accrued
First 12 months 8
Starting the 2nd year 10
Starting the 6th year 12
Starting the 10th year 14
Starting the 15th year 16
Starting the 20th year 18
Starting the 25th year 20
Starting the 30th year 22
Department Heads receive the above accrual hours times 1.5.
Vacation leave accrues at the end of each pay period and may not be used
before it accrues.
In accordance with Section 5.3, the City Manager may authorize vacation leave
accrual for a new employee above entry-level rates.
Regular part-time employees will receive vacation on a pro-rata basis, according
to hours worked during the previous month. Temporary and other part-time
employees are not eligible for vacation leave. Employees do not accrue vacation
or sick leave benefits during a leave of absence without pay.
Scheduling of Vacation Time: Each department is responsible for scheduling
its employees' vacations without undue disruption of department operations.
Leave requests should normally be submitted a minimum of two weeks prior to
taking vacation leave. A supervisor may deny a request for vacation usage
because of lack of notice, work demands or other relevant factors or may cancel
a vacation leave in case of an emergency. Any disputes in vacation usage may
be informally taken to the department director, and his/her determination shall be
final.
Limitation on Vacation Accruals: Employees shall be limited to 240 hours
accrual of vacation leave for regular full-time employees, except the maximum
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November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
accrual for Department Heads is 360 hours. Additional carryover of vacation
requires written approval of the City Manager. Vacation accrual for regular part-
time employees will be pro-rated.
Vacation Accrual Cash Out: Alternately, if an employee is unable to take
vacation time due to circumstances dictated by special needs of the City, the City
Manager may authorize the cash out or carryover of any portion of an
employee’s accrued vacation in excess of the maximum allowable accrued
vacation hours identified in this Manual.
Vacation Cash Out at Termination: Eligible employees whose employment is
terminated by reduction in force, resignation, dismissal or retirement, and who
have accrued vacation leave shall be paid for unused vacation leave as
established in this Manual. In the event of an employee’s death, payment shall
be made in accordance with the provisions of RCW 49.48.120 pertaining to
payment on employee’s death.
Lapse of Service: Unless prohibited by law, a lapse of service of a regular
employee for a period longer than thirty (30) working days for reasons other than
a reduction in force shall eliminate an employee’s accrued sick leave and the
accumulated length of service of such employee for vacation accrual purposes;
provided however, the City Manager is authorized to reinstate accrued leave in
accordance with Section 5.3. Such an employee re-entering the service of the
City of Port Townsend shall be considered a new employee and must undergo a
new trial period.
8.2 SICK LEAVE
Sick leave is provided as an employee benefit to aid employees. Its use is
restricted to qualifying situations. Employees are encouraged to accumulate sick
leave to carry them through unforeseen injuries or illnesses. Sick leave abuse
will result in counseling and/or disciplinary action, up to and including termination.
The ability to work regularly is a requirement for continued employment.
Regular full-time employees accrue sick leave benefits at the rate of eight (8)
hours for each calendar month of continuous employment; their sick leave
accrues at the end of each pay period. Regular part-time employees accrue sick
leave benefits on a pro-rata basis according to hours worked during the previous
month. Effective January 1, 2018 all other employees, including temporary,
seasonal and other part time employees, will accrue 1 hour of paid sick leave for
every 40 hours worked.
Employees do not accrue sick leave benefits during a leave without pay.
Accrued sick leave shall be reported on the employee's regular payroll statement
of earnings in hours and/or fractions of an hour to the nearest 15 minute
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increment. It is the responsibility of the employee to report any discrepancy to
the Human Resources division payroll and benefits administrator. Sick leave
may not be used before it accrues.
Whenever an employee on paid vacation leave is actually disabled or becomes ill
during that leave, such illness may be charged to his/her sick leave account by
sending prompt notice of illness to his/her department director. Remaining
vacation shall then be deferred on the terms and conditions set forth in this
policy.
Unless otherwise required by law, regular full time employees shall be limited to
a maximum accrual of 1,440 hours of accumulated sick leave. For regular part
time employees, maximum accrual shall be pro-rated. Employees will not be
paid for any unused sick leave upon separating from City service for any reason.
However, effective January 1, 2018 if an employee separates from work and is
rehired within 12 months, any previously unused paid sick leave shall be
reinstated.
Any employee who is on sick leave and is eligible for compensation by the City
will coordinate with any other form of leave pay (such as Workers Compensation)
to an amount equal to the difference between the employee’s regular salary and
those monies paid by the State or any other agency. No employee will receive
more than 100% of the regular compensation he/she would have received had
the employee been on the job. Any employee receiving other compensation that
exceeds 100% of his/her regular salary will be required to turn in such excess
compensation to the City and will be credited the appropriate sick leave.
Allowable Uses of Sick Leave & Other Accrued Leave: Accrued sick leave
shall be paid at the employee's regular straight time hourly/salary rate of pay and
may be taken for the following:
1) An absence resulting from an employee's mental or physical illness,
injury, or health condition; to accommodate the employee's need for
medical diagnosis, care, or treatment of a mental or physical
illness, injury, or health condition; or an employee's need for
preventive medical care.
2) To allow the employee to provide care for a family member with a
mental or physical illness, injury, or health condition; care of a
family member who needs medical diagnosis, care, or treatment of
a mental or physical illness, injury, or health condition; or care for a
family member who needs preventive medical care. Family
member includes child, spouse, registered domestic partner,
parent, parent-in-law, grandparent, grandchild or sibling in
accordance with the Family Care Act (WAC 296-130) and Paid Sick
Leave (RCW 49.46.210). The City Manager may authorize use of
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sick leave in the case of appointments for the care of the
employee’s other family members. The employee’s attendance at
or chauffeuring to/from such appointments and care must be
reasonably necessary.
3) Care of employee’s dependent child with health condition requiring
supervision or treatment, or preventative care. (Dependent child, in
this instance, includes all children living with the employee and
dependent on the employee for continuous care. Children over the
age of 18 but unable to care for themselves due to a disability are
included in the definition of dependent children.); sick leave may
also be used if an employee’s child’s school or place of care has
been closed by a public health official for a health-related reason.
4) Exposure to a contagious disease where on-the-job presence of the
employee would jeopardize the health of others;
5) If the employer’s place of business has been closed by a public
official for a health-related reason;
6) Use of a prescription drug which impairs job performance or safety;
7) Bereavement leaves as described under section 8.3; and
8) Absences that qualify for leave under the state’s Domestic Violence
Leave Act.
Unless prohibited by law, sick leave may also be required to be coordinated with
certain FMLA leaves (see section 8.8, Family Leave). An employee may use
other forms of accrued leave pay to cover a period of absence for any of the
reasons stated above.
Notification: In order to qualify for sick leave pay, an employee must report the
reason for his/her absence to his or her supervisor, with sufficient information to
verify the leave fits within one of the criteria outlined above, and the anticipated
date of return to work no later than the beginning of the scheduled work day.
Disclosure may be required for FMLA or ADA leave that is running concurrently
with sick leave. The employee shall keep his/her supervisor informed of his/her
status daily, unless other arrangements have been made.
Doctor’s Note: When an employee is absent for a period in excess of three (3)
days, the employee may, at the discretion of the supervisor or department
director, be asked to submit a health care provider’s statement to Human
Resources. The health care provider’s statement must state that the reason for
the absence fits within the criteria outlined above and confirm the employee is
incapacitated from work during the period of absence, or was needed to care for
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a family member, as described above. The City may require additional health
care provider’s statements if the absence persists beyond the time frame outlined
in the health care provider’s initial confirmation.
During an extended sick leave, the health care provider’s statement should be
updated every thirty (30) days and the employee should report at least every two
weeks on the employee’s status and intent to return to work. An employee
cannot return to work without first notifying their supervisor or department director
and Human Resources of the employee’s scheduled date of return to work. As
with any medical leave, a fitness for duty or release to work certificate may be
required before the employee can return to work.
Employees who use all accumulated sick leave and require more time off work
due to illness or injury may, with their department director’s prior approval,
request a leave of absence without pay. (See Leave of Absence Without Pay
Policy 8.4 .)
Sick Leave Abuse: Employees who abuse sick leave may be subject to
disciplinary action, up to and including termination. (See Chapter 10, Discipline
and Terminations.)
Examples of sick leave abuse include, but are not limited to:
• an unjustified number of unpaid absences, tardiness, or early
departures
• failing to get permission for leaving early or coming in late
• failing to give advance notice of an absence when possible
• failing to report an absence properly
• failing to submit medical certification upon request.
• using sick leave to perform work for another employer
8.3 BEREAVEMENT LEAVE
The City provides regular full-time and regular part-time employees with paid
leave in the event of the death of a member of an employee's immediate family.
In such an event, an employee may, with the consent of his/her department
head, be absent from duty with pay for not more than five (5) work days. The
City Manager may authorize use of sick leave for additional bereavement leave
beyond five (5) days.
8.4 LEAVE OF ABSENCE WITHOUT PAY
Unless otherwise required by law, a leave of absence without pay, not to exceed
five (5) working days, may be granted to an employee by the department
director; leaves of absence that exceed five (5) working days and are not
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otherwise covered by the FMLA may be granted only upon the recommendation
of the department director and approval of the City Manager. Examples of
situations for which leave without pay may be granted include: prolonged illness;
parenting obligations; caring for an ill relative; or pursuing an education. These
are general examples only and do not necessarily apply to all situations. Each
case will be considered on the unique circumstances surrounding the reason for
the request and the needs and obligations of the City. Granting or refusing a
leave of absence without pay is at the sole discretion of the City.
A leave of absence without pay may be granted for a period not to exceed:
1) Thirty (30) days for personal reasons which do not cause
inconvenience to the department.
2) Six (6) months for education or training which will benefit the City.
3) Twelve (12) months for sabbatical leave, which shall mean work,
education or other experience which adds to the skills or
understanding of employees and is related to the employee's
present or future City position or classification.
Unless prohibited by law, an employee requesting a leave of absence without
pay must exhaust accrued leave prior to being eligible for unpaid leave. A non-
medical leave of absence is not protected leave.
Unless otherwise required by law, a leave of absence without pay may result in
adjustment of the employee's anniversary date for the length of the unpaid leave;
the period of the leave will not be included in the “length of service” calculations.
An employee shall not accrue seniority, vacation, sick leave, longevity, and other
benefits while on leave without pay status, unless otherwise required by
bargaining union contract, health insurance carrier/trust rules or law. See Section
7.5, Continuation of Insurance Coverage, for COBRA information on continuing
health insurance coverage at the employee’s expense. An employee who is
temporarily absent due to an injury covered by Worker’s Compensation or on a
qualified Family Medical Leave will not lose seniority or health benefits due to the
unpaid absence. Employees on unpaid military leave do not lose seniority, and
continuation of any health or other benefits will be handled in accordance with
the requirements of military leave laws.
Leaves without pay must be requested in writing at least thirty (30) days prior to
the date the leave is to commence, except when an emergency precludes such
notice. The written request for leave without pay shall state: 1) reason for
requesting leave; 2) date leave is to begin; and, 3) the date of return to work.
Additional information regarding the leave may be required, as in the case of a
request for additional leave as a reasonable accommodation.
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Any employee who does not return by the required time shall be deemed to have
voluntarily quit. Unpaid leaves of absence may be extended upon justification
determined sufficient by the department director and City Manager, provided that
any extension will not be detrimental to department operations. Justification may
require providing additional documentation such as new medical certification or
renewed military orders. Any extension beyond the date initially provided for
return to work shall require the written approval of the City Manager. As with any
medical leave, a medical release to return to work or fitness for duty certificate
may be required for employees on a medical leave of absence.
Revocation of Leave Without Pay: The City Manager may revoke an
employee's leave without pay if the leave was granted under false pretenses or
the cause for such leave has ceased to exist.
8.5 JURY AND WITNESS DUTY LEAVE
Jury Duty: The City encourages jury duty and does not discriminate against
employees who take time off for jury duty. The City reserves the right to ask
employees to request a postponement of jury duty on the grounds of hardship.
In accordance with chapter 2.36 RCW, employees will be allowed necessary
leave from employment to serve on the jury of a federal, state or municipal court.
In the case of regular full-time and regular part-time employees such leave shall
be paid for up to four weeks jury duty time actually served in a twelve month
period. All other jury duty leave shall be unpaid. Because state law, RCW
2.36.150 provides that payments received by jurors from the court for each day’s
attendance constitute “expense payments,” the City does not require employees
to remit such payments to the City, including for periods of paid leave. The
employee must give the City prompt notice of the call for jury duty, and in order to
be eligible to receive paid jury duty leave the employee must furnish the City a
written statement from the court showing the dates and times of jury duty served.
Witness Duty: All employees summoned to testify in court are allowed time off
for the period they serve as witnesses. In general, witness duty leave is unpaid
unless the employee is a witness on behalf of the City in a case involving the City
or in connection with the employee’s official City duties. For exempt employees,
however, salary payment will continue except for full-day absences caused
because the employee is a party in a lawsuit unconnected with the employee’s
official duties.
8.6 ADMINISTRATIVE LEAVE
On a case-by-case basis, the City may place an employee on administrative
leave, with or without pay, for an indefinite period of time. Administrative leave
may be used in the best interests of the City, as determined by the City Manager,
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pending an investigation or other administrative proceeding, or for other good
cause.
8.7 MILITARY LEAVE
Leave Under the Washington State Family Military Leave Act: Up to twenty-
one (21) days of paid leave per year (from October 1st through September 30th)
shall be granted to employees for time spent for military service in the
Washington National Guard, reserves or armed forces, and is to be used on any
day an employee cannot report to his/her regular job because of military
obligations. A “Day”, for purposes of this section, is defined as a twenty-four
hour period beginning and ending at midnight. Military leave must be calculated
in “days” and cannot be reduced or converted to hours, regardless of whether or
not an employee’s normal shift or work period transpires over the course of one
day or two. Pay is based on the employee’s normal pay. In general, if military
service extends beyond twenty-one (21) working days, the additional leave will
be unpaid. Paid military leave is in addition to any other leave or vacation
benefits. Exempt salaried employees who serve longer than twenty-one (21)
working days should contact the City Manager to discuss whether further paid
leave will be provided. All employees who are not eligible for paid military leave
are provided unpaid leave for the period of their military service. At the
employee’s request, accrued vacation leave may be applied to any unpaid
military leave. Military service includes active military duty and Reserve or
National Guard training. An employee requesting military leave is required to
provide his/her supervisor with copies of the military orders as soon as possible
after they are received. Reinstatement upon return from military service will be
determined in accordance with applicable federal and state laws. As soon as
practicable, individuals returning from any military leave of 30 days or more are
required to provide evidence, such as a certified copy of release papers, that
they are entitled to reemployment.
Leave for Spouses of Military Personnel: In accordance with the provisions of
the Washington State Family Military Leave Act, Chapter 49.77 RCW, during a
period of military conflict a regular full-time or regular part-time employee who is
the spouse of a member of the U.S. armed forces, national guard or reserves is
entitled to take up to fifteen (15) days of unpaid leave: while their spouse is on
leave from a deployment; or before and up to deployment once the spouse
receives official notification of an impending call or order to active duty. The
employee must provide his or her supervisor with notice of the employee’s
intention to take leave within five business days of receiving official notice: that
the employee’s spouse will be on leave; or of an impending call or order to active
duty. The 15 days of unpaid leave is per deployment. The employee may elect
to substitute any form of accrued leave (except sick leave) for any part of the
family military leave. Family military leave is in addition to other leave to which
the employee may be entitled.
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Leave under the Family and Medical Leave Act of 1993 (Service member
Caregiver Leave and Family Leave Due to a Call to Active Duty)
Caregiver Leave for an Injured Service Member: In accordance with the
provisions of the federal Family and Medical Leave Act of 1993, as amended by
the National Defense Authorization Act of 2008, an employee who is the spouse,
son, daughter, parent or nearest blood relative, may take up to 26 workweeks of
unpaid leave during a single 12-month period to care for a member of the U.S.
armed forces, national guard or reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness incurred by the
service member in active duty that may render the person medically unfit to
perform the duties of the member’s office, grade, rank or rating. A covered
service member may also be a veteran who was a member of the armed forces
any time during the five years preceding his/her need for medical treatment,
recuperation or therapy for a serious injury or illness, where the injury or illness
was incurred or aggravated in the line of duty. For purposes of this kind of leave,
the 12-month period begins with the first day the employee takes leave. The 26-
week cap includes leave taken by the employee for other FMLA-qualifying
reasons. Caregiver leave can be intermittent. The administration of caregiver
leave under the FMLA is subject to other FMLA procedures as may be
appropriate, such as procedures regarding substitution of paid leave, reasonable
notice, certification of the need for leave, and determining whether or not an
employee is eligible to use such leave. (An “eligible employee” must have
worked for the City for at least 12 months, with a minimum of 1250 hours worked
during the past 12 months.) Please see policy 8.8 regarding FMLA procedures
and eligibility. As with other forms of FMLA leave, not all details concerning
caregiver leave are covered in this policy. If an employee needs to take
caregiver leave, please see Human Resources for appropriate forms.
Family Leave Due to a Call to Active Duty: Also in accordance with the
provisions of the 2008 amendments to the federal Family and Medical Leave Act
of 1993, an eligible employee may take up to 12 workweeks (during any 12-
month period) of unpaid FMLA leave for a “qualifying exigency” arising out of the
fact that the employee’s spouse, son, daughter, or parent is a covered military
member (including those in the regular armed forces, the National Guard or the
Reserves) who is on active duty, or has been notified of an impending call to
covered active duty, and who has been or is being deployed to a foreign country.
Qualifying exigencies are generally activities related to the active duty or call to
duty, including attending certain military events, arranging for alternative
childcare, addressing certain financial and legal arrangements, attending certain
counseling sessions and attending post-deployment reintegration briefings. See
policy 8.8 regarding the FMLA eligibility and procedures.
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8.8 FAMILY LEAVE (FEDERAL)
In accordance with the federal Family and Medical Leave Act of 1993 (FMLA)
and all applicable state laws related to family and medical leave, including but not
limited to the Washington Family Leave Law, Chapter 49.78 RCW, City
employees may be eligible for an extended leave of absence for certain family or
medical reasons.
Family Leave under Federal Law:
Family Leave Eligibility: The FMLA provides up to twelve (12) weeks of
unpaid, job-protected leave every twelve (12) months to eligible employees for
certain family and medical reasons. To be eligible, one must have worked for the
City for at least twelve (12) months with a minimum of 1,250 hours worked during
the previous twelve (12) month period.
Reasons for Taking Leave: Unpaid FMLA leave is granted for any of the
following reasons:
1) To care for a newborn child, newly adopted child, or foster care
child;
2) To care for a spouse, registered domestic partner, child, or parent
who has a serious health condition; or
3) An employee’s own serious health condition which leaves the
employee unable to perform the functions of his or her position, or
for an employee’s disability due to pregnancy.
4) For a “qualifying exigency” due to a call to active duty – see Military
Leave Policy 8.7.
Leave to care for a child following birth or placement for adoption or foster care
must be concluded within 12 months of the birth or placement. Disability due to a
pregnancy may permit the pregnant employee leave for the period of her
disability, as well as up to 12 weeks of unpaid leave to care for the newborn,
under Washington law.
Military Caregiver FMLA entitlement – see Military Leave Policy 8.7, Caregiver
Leave for an Injured Service Member.
Serious Health Condition: A serious health condition is an illness, injury,
impairment or physical or mental condition that involves:
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• Any period of incapacity or treatment connected with inpatient care
(i.e., an overnight stay) in a hospital, hospice or residential medical
care facility;
• A period of incapacity of more than three consecutive, full calendar
days from work, school, or other regular daily activities that also
involves continuing treatment by (or under the supervision of) a
health care provider;
• A period of incapacity due to pregnancy or for prenatal care;
• A period of incapacity or treatment due to a chronic serious health
condition, for a permanent or long-term condition for which
treatment may not be effective, or to receive multiple treatments for
restorative surgery after an accident or injury or for a condition that
would likely result in an incapacity of more than three full,
consecutive calendar days in the absence of medical treatment
(e.g., chemotherapy for cancer or dialysis for kidney disease).
Under some circumstances, FMLA leave may be taken intermittently (that is,
taken in blocks of time, or by reducing the normal weekly or daily work schedule),
if medically necessary because of a serious health condition. Eligible employees
may also take FMLA leave on an intermittent or reduced-schedule basis when
necessary because of a qualifying exigency arising from a family member’s
military service. If FMLA leave is to care for a child after the birth or placement
for adoption or foster care, employees may take their FMLA leave intermittently
or on a reduced work schedule only with the City’s permission. Where
intermittent leave or reduced-schedule leave is needed for planned medical
treatment, an employee must make a reasonable effort to schedule the treatment
so as not to unduly disrupt City operations. Where an employee needs
intermittent or reduced-schedule leave based on planned medical treatment, the
City may transfer the employee to an alternative position with equivalent pay and
benefits that can better accommodate such recurring leave.
Concurrent Running of Leave: FMLA leave is unpaid leave. However, unless
prohibited by law, employees are required to use any accrued paid leave
available to them as part of their 12 weeks of FMLA leave. This requirement will
be waived if the employee is also using Paid Family Medical Leave (PFML).
Advance Notice and Medical Certifications: The City requires employees
provide advance leave notice, with medical certification of the need for a leave
related to a health condition. As with any medical leave, a fitness for duty or
release to work certificate will also be required before the employee can return to
work. Taking leave, or reinstatement after leave, may be denied if these
requirements are not met.
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An employee must give the City at least thirty (30) days’ advance notice of a
request for leave. If circumstances do not allow the employee to give the
required notice, notice shall be given as soon as possible once the need for
leave becomes known (which is generally the same day or next business day
after the need for leave becomes known). If thirty (30) days’ advance notice is
not given, and the need for the leave and the approximate date of the leave were
clearly foreseeable, the City may deny the request for leave until thirty (30) days
after the date of notice.
When requesting leave, employees must provide sufficient information for the
City to determine whether the leave may be FMLA-qualifying, and the anticipated
timing and duration of requested leave. Employees must also inform the City if
the requested leave is for a reason for which FMLA leave was previously taken
or certified.
When leave is requested in connection with planned medical treatment, the
employee must make a reasonable effort to schedule treatment in order to
prevent disruptions to City operations.
In addition, employees who need leave for their own or a family member’s
serious health condition must provide medical certification from a health care
provider of the serious health condition. The City may require a second or third
opinion (at the City’s expense), periodic recertifications of the serious health
condition and, when the leave is for an employee’s own serious health condition,
a certification that the employee is fit to return to work. Employees who need
leave for a qualifying exigency arising from a family member’s military leave must
provide a certification confirming the need for leave.
The City may delay leave to employees who do not provide proper advance
notice of the foreseeable need for leave. The City also may delay or deny
approval of leave for lack of proper certification establishing the need for leave.
Please contact Human Resources to obtain further information and forms relating
to FMLA leave requests.
The City will require a medical certification of fitness for duty to return to work
after a medical leave where the employee's own serious health condition made
the employee unable to perform the employee's job, or where the medical
condition or job are such that the City believes there may be a serious risk of
injury to the employee or others if the employee is not fit to return to work.
Periodic Reporting: If an employee takes leave for more than two weeks, the
City requires a report at least every two weeks on the employee’s status and
intent to return to work. The City may also require subsequent re-certification of
the need for continued leave. If an employee discovers after beginning leave that
the circumstances have changed and the amount of leave originally anticipated is
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no longer necessary, the employee may return to work earlier but only after
providing the City with reasonable (usually two business days) advance notice of
the intent to return, the reason for the change and any required medical release
to work or fitness for duty certification.
Health Insurance Benefits While on Leave: During all leave under this family
and medical leave policy, the City will continue to pay the employer’s portion of
health insurance premiums, provided that the employee continues to pay his/her
share of insurance premiums, if any. Failure of the employee to pay his/her
portion of the premium may result in cancellation of health insurance. However,
the City's payment of the employer-paid portion of the premium is conditioned
upon the employee’s return to work. If the employee is able to return from FMLA
leave, but does not do so, the City is entitled to recover all insurance premiums it
paid to continue the coverage while the employee was on leave, unless the
failure to return was beyond the employee’s control.
Other Insurance Benefits While on Leave: If the employee is covered by other
City insurance plans, such as life or disability insurance, those coverages will
continue during the paid leave on the same basis as during regular employment.
If the employee takes unpaid FMLA leave, he/she will be responsible during the
leave for the premiums normally paid plus the premiums normally paid by the
City.
Taking a FMLA leave will not cause an employee to lose any employment
benefits which accrued before the start of the leave (e.g., seniority). However,
the employee will not accrue these benefits during unpaid FMLA leave.
Couples Employed by the City: If a married couple is employed by the City,
FMLA leaves may be restricted to a combined total of twelve (12) weeks in a
twelve (12) month period for the birth or adoption or foster care placement of a
child, or the care of the employee’s parent with a serious health condition. In
certain situations, the City may grant FMLA leave to only one spouse at a time.
Employees should confer with Human Resources regarding their leave rights
under FMLA. Each spouse is, however, eligible for the full 12 weeks of leave in
the 12-month leave period to care for a child, spouse or registered domestic
partner with a serious health condition, or for either employee’s own serious
health condition.
Determining Leave Availability: FMLA leave is allowed for up to twelve (12)
weeks during a twelve (12) month period. For purposes of calculating leave
availability, the "12-month" period is a rolling 12-month period measured
backwards from the date the employee uses any FMLA leave.
Return from Federal Family Leave: Upon returning from a family leave, the
employee will generally be assigned the same position held when the leave
commenced or to a position with equivalent pay, benefits, and other conditions of
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employment. If other changes to the position occurred that were not related to
the scheduled leave, the City may opt to process those changes (i.e. a
department reorganization, or planned change that was decided on prior to the
employee’s scheduled leave). If an employee is found to have engaged in
serious misconduct occurring prior to or after commencing family leave, which
would normally give rise to discipline or termination, the City may proceed with
such discipline. Discipline would not be based on the employee’s good faith
leave request.
Not all details concerning federal family leave are covered in this policy. If an
employee needs to take family leave, the employee should discuss this policy
with the appropriate department director and with Human Resources. Human
Resources may also assist in completing the required forms.
8.81 WASHINGTON STATE PAID FAMILY AND MEDICAL LEAVE
Overview: Paid Family and Medical Leave (PFML) is a statewide insurance
program that provides eligible employees with paid time off to give or receive
care. This program allows qualifying employees to take up to 12 weeks for:
• Bonding after the birth or placement of a child under the age of 18
• An employee’s own serious health condition
• A family member’s serious health condition. Family member is defined
as spouse, registered domestic partner, child, stepchildren, grandchild,
grandparent, grandparent in-laws, parent, parent in-law, stepparents, and
sibling.
• Military qualifying exigency as defined under the Family Medical Leave
Act.
Eligible employees who face multiple qualifying events in a year might be eligible
to receive up to 16 weeks, and up to 18 weeks for a serious health condition
during pregnancy that results in incapacity.
Leave may be taken intermittently subject to minimum weekly claim of eight (8)
hour consecutive hours.
Eligibility for Monetary Benefits: An employee must have worked at least 820
hours for any qualifying employer (excluding the Federal government, Tribes and
others not subject to state law) in Washington during the “qualifying period” (the
first four of the last five completed calendar quarters.)
Coordination with Other Leave Laws: Unless otherwise expressly permitted
by the City, PFML must be taken concurrently with any leave taken under the
federal Family and Medical Leave Act for employees that are eligible for both
benefits. When allowed by law, all leaves shall run concurrently.
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Leave under PFML and FMLA is in addition to any leave for sickness or
temporary disability because of pregnancy or childbirth.
In any week in which an employee is eligible to receive benefits under applicable
federal or state unemployment compensation or industrial insurance the
employee is disqualified from receiving PFML benefits.
Payment of Premiums: The program is funded by premiums paid by both
employees and employers. It is administered by the Employment Security
Department (ESD). The employee portion of the premium is collected through
payroll deductions and remitted to the ESD.
Employee Notice of Leave: The City requires up to 30 days advance written
notice before PFML is to begin if the need for the leave is foreseeable, e.g.,
expected birth, planned medical treatment for a serious medical condition of the
employee or family member, etc. Employees must make a reasonable effort to
schedule the treatment so as not to disrupt the operations of the City. When the
need for leave is not foreseeable, written notice should be provided as soon as
practicable.
Applying for PFML: Effective January 1, 2020 eligible employees who
experience a qualifying event may apply to the Washington State Employment
Security Department to take paid medical leave or paid family leave. The
employee must provide documentation to support the need for leave as required
by the Washington State Employment Security Department.
Partial Wage Replacement: Employees are entitled to partial wage
replacement while on PFML. Employees will receive a portion of their average
weekly pay as determined by ESD.
The City does not permit supplementation of PFML using accrued leave.
PFML differs from traditional sick leave in that employees file their claim with the
Employment Security Department (ESD), and their payment will come from ESD
rather than the City.
Maintenance of Health & Other Benefits During PFML: The City will maintain
group health insurance coverage for employees on PFML if required by the
federal Family and Medical Leave Act (FMLA). If the employee contributes to the
cost of their health insurance, they must continue to pay their portion of the
premium cost while on leave.
Job Protection: Employees who return from leave under PFML will be restored
to a same or equivalent job if they:
• Work for an employer with 50 or more employees in Washington,
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• Have worked for the City for at least 12 months, and
• Have worked 1,250 hours in the 12 months immediately preceding the
date on which leave commenced.
The City will require a medical certification of fitness for duty to return to work
after a medical leave where the employee's own serious health condition made
the employee unable to perform the employee's job, or where the medical
condition or job are such that the City believes there may be a serious risk of
injury to the employee or others if the employee is not fit to return to work.
The City may deny restoration to any salaried employee who is among the
highest paid 10 percent of the employees employed by the City within 75 miles of
the facility at which the employee is employed only if denial is necessary to
prevent “substantial and grievous economic injury” to the operations of the City.
Discrimination and retaliation for requesting or taking Washington State Paid
Family and Medical Leave is prohibited.
8.9 DOMESTIC VIOLENCE LEAVE
In accordance with the Washington Domestic Violence Leave law, Chapter 49.76
RCW, the City will make a reasonable safety accommodation and provide leave
from work, including leave on an intermittent or reduced-schedule basis, for an
employee to:
1) Seek legal or law enforcement assistance or remedies to ensure
the health and safety of the employee or employee's family
members including, but not limited to, preparing for, or participating
in, any civil or criminal legal proceeding related to or derived from
domestic violence, sexual assault, or stalking;
2) Seek treatment by a health care provider for physical or mental
injuries caused by domestic violence, sexual assault, or stalking, or
to attend to health care treatment for a victim who is the employee's
family member;
3) Obtain, or assist a family member in obtaining, services from a
domestic violence shelter, rape crisis center, or other social
services program for relief from domestic violence, sexual assault,
or stalking;
4) Obtain, or assist a family member in obtaining mental health
counseling related to an incident of domestic violence, sexual
assault, or stalking, in which the employee or the employee's family
member was a victim of domestic violence, sexual assault, or
stalking; or
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5) Participate in safety planning, temporarily or permanently relocate,
or take other actions to increase the safety of the employee or
employee's family members from future domestic violence, sexual
assault, or stalking.
The employee may elect to use sick leave, vacation, compensatory time, or other
accrued paid time off, or may take unpaid leave. Domestic violence leave,
including documentation of such leave, will be applied and administered in
accordance with the provisions of the state Domestic Violence Leave law,
including, that taking of leave does not result in the loss of any pay or benefits to
the employee that accrued before the date on which the leave commenced; and
that upon an employee’s return, the City shall either restore the employee to the
position of employment held by the employee when the leave commenced; or
restore the employee to an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment.
The City will make a reasonable safety accommodation requested by an
individual who is a victim of domestic violence, sexual assault or stalking, unless
the accommodation imposes an undue hardship. A reasonable safety
accommodation may include, but is not limited to, changing work telephone
number and/or email address, modifying a work schedule or workstation, and
implementing safety procedures.
Nothing in this section shall be construed to provide greater or lesser leave rights
to employees who are victims of domestic violence, sexual assault, or stalking
than those required by Chapter 49.76 RCW. Employees requesting Domestic
Violence Leave will be required to notify Human Resources for the required
forms.
Protection Against Retaliation:
It is unlawful for a local government to take retaliatory action because an
employee, in good faith, exercised rights under this policy, filed or communicated
to the City an intent to file a complaint regarding this policy, or for participating or
assisting, as a witness or otherwise, in another employee’s attempt to exercise
rights under this policy.
8.10 SHARED LEAVE PROGRAM – SUSPENDED effective 1-1-20
The purpose of the shared leave program is to provide City employees the
opportunity to assist an employee who is suffering from, or has an immediate
family member suffering from, an extraordinary or severe illness, injury,
impairment, or physical or mental condition which has caused, or is likely to
cause, the employee to go on leave without pay or to terminate his/her
employment with the City.
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Conditions Required for Grant of Shared Leave: The City Manager may
authorize an applying employee to receive shared leave if all of the following
conditions are or will be met:
1) The employee suffers, or has an immediate family member
suffering from, an illness, injury, impairment, or physical or mental
condition which is of an extraordinary or severe nature and which
has caused, or is likely to cause, the employee to go on leave
without pay or to terminate his/her employment with the City. The
employee shall be required to provide appropriate medical
justification and documentation both of the necessity for the leave
and the time which the employee can reasonably be expected to be
absent due to the condition.
2) The employee has exhausted or will shortly exhaust his/her total of
accrued vacation, sick leave, compensatory time, holiday time,
bank days, and/or paid leave.
3) Prior to the use of shared leave, the employee has abided by the
City’s sick leave policy.
4) If the employee is suffering from a workplace illness or injury, the
employee has diligently pursued and is found to be ineligible for
state industrial insurance benefits.
5) The use of shared leave will not significantly increase the City’s
costs, except for those which would otherwise be incurred in the
administration of this program.
6) Such leave will not adversely affect City services or the
administration of those services.
7) The employee has filed a request for family leave under FMLA if
eligible.
Conditions for Donation of Shared Leave: Employees may request the
transfer of a specified amount of leave to an employee who has been authorized
to receive shared leave, subject to the following conditions:
1) An employee may donate no more than forty (40) hours of leave
per donee employee per calendar year;
2) The donor employee’s sick leave balance must not fall below four
hundred eighty (480) accrued hours immediately following any such
donation;
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3) Transfers shall be in whole hour increments of leave;
4) All donations of shared leave shall be entirely voluntary; and
5) A donor employee may donate vacation leave provided that the
donor’s vacation leave balance does not fall below forty (40)
accrued hours:
Employment Status of Employees Using Shared Leave: While an employee
is on shared leave, he/she will continue to be classified as a City employee of the
same department in which he/she is normally assigned. The employee shall
receive the same treatment with respect to salary and benefits, including the
earning of sick leave, as he/she would have otherwise received if using vacation
or sick leave. The employee’s salary rate shall not change as a result of being
on shared leave.
Interdepartmental Transfers of Leave: Shared leave may be transferred
without regard to the City department in which the donating employees and
recipient employees may be assigned.
Administration of Leave Donations, Use of Shared Leave, and Fund
Transfers: Human Resources shall be responsible for administering the shared
leave program and shall adjust accrued leave balances to show the transferred
leave for both the donor and recipient. Leave is transferred on an hour-for-hour
basis without any salary conversion.
Return of Unused Shared Leave: The City Manager shall determine when
shared leave is no longer needed. Any remaining leave which has been
transferred shall be returned to the donor employees. To the extent
administratively feasible, the unused leave shall be returned on a pro rata basis.
Council Notification of Shared Leave: The City Manager will notify Council any
time the City Manager approves a shared leave request.
8.11 HOLIDAYS
The following are recognized as paid holidays for all regular full-time and part-
time employees unless otherwise indicated in bargaining unit contracts:
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New Year's Day January 1
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Native American Heritage Day Day after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
Floating Holidays 2 days by mutual agreement
Some City departments, such as the library and pool, may observe paid holidays
on different dates or have additional unpaid closed days if a holiday falls on a
weekend day.
Employees on leave without pay are not eligible for holiday pay when the holiday
occurs during their unpaid leave.
By mutual agreement with management, the eight hours holiday could
alternatively be taken as time off during another day in lieu of receipt of holiday
pay. It shall also be an option, by mutual agreement with management, to take
the time in lieu of receipt of holiday pay for any holiday which falls on a day off for
an employee.
Regular part-time employees shall receive holiday benefits, including floating
holiday, on a pro-rata basis according to actual hours worked.
Floating Holidays: Non-represented employees shall be entitled to two floating
holidays per anniversary year upon beginning employment with the City.
Floating holidays are to be determined by mutual agreement between the
employee and the supervisor. No employee shall be entitled to use a floating
holiday until they have been employed by the City continuously for at least six
months. An unused floating holiday may not be carried over into the following
anniversary year. “Year” is based on the employee’s anniversary date.
Represented staff: refer to the collective bargaining agreement for floating
holiday rules.
Unless otherwise noted in a collective bargaining agreement, any holiday falling
on Saturday will be celebrated on the preceding Friday, and any holiday falling
on Sunday will be celebrated on the following Monday. A holiday falling within a
vacation period shall not constitute a vacation day and a holiday occurring while
an employee is on sick leave shall not count against the employee's sick leave
bank.
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Non-exempt regular full- or part-time employees who are required to work on a
holiday will be paid for the holiday plus one and one-half times the employee’s
regular rate of pay for any time worked on the holiday. Such worked holiday time
must be pre-authorized by the employee’s supervisor. Employees who work a
holiday without authorization will be subject to discipline up to and including
termination. Holidays are paid at eight (8) hours or less. Employees on
alternative work schedules will need to comply with the alternative regular
schedule policy (Section 4.4).
Temporary employees are not entitled to holiday pay. Temporary employees who
are required or approved to work on a holiday will be paid only for hours actually
worked on the holiday. Generally these will be paid at their regular straight time
rate except where overtime would apply.
8.12 RELIGIOUS HOLIDAYS
If an employee's religious beliefs require observance of a holiday not included in
the basic holiday schedule, the employee may, with his/her department director's
approval, take the day off using vacation, comp time, or an employee choice day.
If the foregoing leaves are exhausted, an employee may request leave without
pay.
Employees are entitled to two unpaid holidays per calendar year for a reason of
faith or conscience or an organized activity conducted under the auspices of a
religious denomination, church, or religious organization.
The employee may select the days on which he or she desires to take the two
unpaid holidays after consultation with his or her supervisor. If an employee
prefers to take the two unpaid holidays on specific days, then the employee will
be allowed to take the unpaid holidays on the days he or she has selected unless
the absence would unduly disrupt operations, impose an undue hardship, or the
employee is necessary to maintain public safety. The term “undue hardship”
has the meaning contained in the rule established by the Office of Financial
Management (WAC 82-56.)
If possible, an employee should submit a written request for an unpaid holiday
provided for by this section to the employee’s supervisor a minimum of 30 days
prior to the requested day. Approval of the unpaid holiday shall not be deemed
approved unless it has been authorized in writing by the employee’s supervisor.
The employee’s supervisor shall evaluate requests by considering the desires of
the employee, scheduled work, anticipated peak workloads, response to
unexpected emergencies, the availability, if any, of a qualified substitute, and
consideration of the meaning of “undue hardship” developed by rule of the Office
of Financial Management.
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The two unpaid holidays allowed by this section must be taken during the
calendar year, if at all; they do not carry over from one year to the next.
8.13 PROFESSIONAL LEAVE
To be more competitive in the marketplace and to acknowledge that there are
some positions that require additional hours beyond the standard 40 per week,
the City Manager may approve non-represented employees who are ineligible for
compensatory time with up to 24 hours of Professional Leave per calendar year.
Professional Leave will have no cash-out value and will not be carried over at the
end of the calendar year. FLSA-exempt positions may be eligible for Professional
Leave if there is evidence that the position requires frequent and regular
extraordinary hours of work over the course of a year. Professional leave may
also be recommended on a one-time basis for extraordinary work or time
commitment due to a special project or circumstance but may not necessarily be
ongoing for a specific position. Upon recommendation by the Department
Director and the Director of People and Performance, the City Manager may
approve the position to be included on the list of positions eligible for such
leave.
8.14 BENEFITS FOR REGULAR PART-TIME, TEMPORARY AND
SEASONAL EMPLOYEES
Unless noted otherwise in these policies, benefits for regular part-time and
temporary employees are as follows:
Regular Part-Time Employees: All leaves (including holidays) and insurance
premiums are pro-rata. Pro-rata means the ratio between the number of hours in
the employee's normal work schedule and forty (40) hours per week.
Temporary, Seasonal and Other Part-time Employees: Unless mandated by
law, temporary, seasonal and other part-time employees are not eligible to
receive employee benefits, or payment for benefits, including but not limited to,
paid vacation leave, paid holidays and health insurance except upon written
approval of the City Manager. See Section 8.2 for paid sick leave benefits and
Section 8.81 for Washington Paid Family Leave.
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CHAPTER 9
EMPLOYEE RESPONSIBILITIES
9.1 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST
Employees shall not, directly or indirectly, engage in any outside employment or
possess a financial interest which may, in the judgment of the City Manager,
compete with, conflict with, or compromise the City’s interests, or adversely affect
job performance and the ability to fulfill all responsibilities to the City, examples
include, but are not limited to, outside employment which:
1) Prevents the employee from being available for work beyond
normal working hours, such as during emergencies or peak work
periods, when such availability is a regular part of the employee's
job;
2) Is conducted during the employee's work hours;
3) Utilizes City telephones, cellular telephones, computers, supplies or
any other City resources, facilities or equipment;
4) Is employed with a firm which has contracts with or does business
with the City; or
5) May reasonably be perceived by members of the public as creating
a conflict of interest or one which otherwise discredits public
service.
All City employees shall abide by, and this section 9.1 shall be interpreted in
accordance with, Chapter 42.23 RCW, the Washington State Code of Ethics for
Municipal Officers, and the City Code of Ethics.
An employee who wishes to have an additional job, contractual commitment or
self-employment, shall first consult with his/her department director in light of the
above policy prior to making a decision.
9.2 ANTI-DISRUPTION POLICY
Any conduct in the workplace or while on City time that is disruptive to the
normal operations of City business or invades the rights of others will not be
tolerated. While on City time, employees are expected to adhere to professional
and work-related matters and to treat each other and the public with respect.
This includes refraining while on City time from spreading rumors, gossiping or
discussing non-business related information about others. Other disruptive
conduct includes but is not limited to discrimination, harassment, threats, insults,
intimidation, ridicule, profanity, vulgarity, stereotyping, physical or verbal abuse,
ignoring the rights of others, and displaying insensitivity to the beliefs and
customs of others.
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Conduct outside of the workplace or outside of regular work time can also be
disruptive to the workplace. Examples include; making malicious, false or
derogatory statements that are intended to or could reasonably be expected to
damage the integrity or reputation of the City or its employees, on or off premises
9.3 POLITICAL ACTIVITIES
City employees may participate in political or partisan activities of their own
choosing provided that City resources and property, including the employee’s city
work time, are not utilized, and the activity does not adversely affect the
responsibilities of the employees in their positions. City employees may not
campaign on City time or in a City uniform or while representing the City in any
way. Employees should follow guidelines from the state Public Disclosure
Commission relating to election campaigns.
City employees may not: City employees may not use City facilities, supplies,
equipment or vehicles for any campaign purpose. This includes (but is not
limited to), copiers, fax machines, mail facilities, typewriters, telephones,
automobiles, computers, e-mail, websites, and paper products or the
reimbursement for usage of these facilities.
City employees may not solicit for a contribution to a political cause or campaign
while on City property or City time or while in City uniform.
City employees may not have a petition available for signature at City Hall, or
other City facility or vehicle.
City employees may not allow others to use City facilities or equipment for
political activities, except in accordance with established City policy for use of
public meeting space when it is the employee’s responsibility to manage the use
of that space.
City employees may not use, or allow others to use, City funds for political
activities.
City employees while at work may not wear lapel buttons while in uniform or
while wearing clothing with the City’s name on it, or while meeting with members
of the public in their position or on behalf of the City.
City employees may: City employees may, on their own time and not with the
use of City property or equipment or while representing the City, participate in
campaign-related activities.
City employees may, on their own time and not in a City facility or while
representing the City, gather petition signatures, wear lapel buttons, distribute
material, speak before groups, write letters to the editor or display campaign
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stickers on their personal car. Private employee vehicles displaying bumper
stickers may be parked on public property.
City employees may identify their position with the City in a letter to the editor
(written on their own time); provided that they make it clear that they are not
expressing an opinion on behalf of the City.
City employees may, in the course of work, respond to a political inquiry by
providing routine factual information.
City employees may respond to requests for public records even if the records
will be used in support of or opposition to a measure or candidate, so long as the
record isn’t exempt from disclosure under state law.
City employees may under the direction of the City Manager prepare and
distribute to residents neutral factual information relevant to a ballot proposition, if
such action is part of the normal and regular conduct of the City.
Except as noted in this policy, City employees are otherwise free to fully exercise
their constitutional First Amendment rights.
9.4 NO SMOKING POLICY
Smoking Prohibited in City Vehicles and Facilities: For health and safety
considerations, the City prohibits smoking by employees in all City vehicles and
facilities, including City-owned buildings and offices or other facilities rented or
leased by the City, including individual employee offices and City parking lots
associated with a City building.
Outdoor Smoking Restrictions: Chapter 70.160 RCW significantly restricts the
outdoor areas where individuals may smoke in relation to the location of City
buildings, work areas and public places. Smoking is prohibited within twenty-five
(25) feet of any entrances, exits, windows that open, and ventilation intakes that
serve an enclosed area where smoking is prohibited. The law also applies to any
“place of employment,” which the law defines, in part, as “work areas” and any
area which employees are required to pass through during the course of
employment.
This policy does not apply to employees who are not on the job from smoking in
City parks.
9.5 NO USE OF OTHER TOBACCO OR TOBACCO-LIKE PRODUCTS
Use of other tobacco or tobacco-like (for example, electronic cigarettes) products
is also prohibited in City vehicles and facilities. This policy does not apply to
employees who are not on the job from using tobacco or tobacco-like products in
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City parks.
9.6 CITY PROPERTY/ PERSONAL POSSESSIONS / PRIVACY LIMITATIONS
City Property/Privacy Limitations: The City of Port Townsend may furnish
desks, closets and/or lockers for security of employee coats, purses and other
personal possessions. The City does not, however, assume responsibility for
any theft or damage to the personal belongings of employees.
No Expectation of Privacy: Employees should have no expectation of privacy
when using any City property. The City regards desks, closets, lockers, work
spaces, computers, file cabinets and files, City vehicles, furniture and other City
property, as well as data, programs, communications, messages and other
property created on, acquired by, developed for or located in any City facility or
equipment, either in printed or digital format, as City property. The City reserves
the right to search the same, including any personal possessions contained in
them when it determines that there is a security, health, or other appropriate
reason to do so. Such reasons may include, without limitation, the following: the
need to locate City property; health or safety concerns; reasonable suspicion of
misconduct; termination of employee; or for other business-related purposes.
The City reserves the right to review the contents of any document or
communication, created or stored on a City computer or phone system, including
electronic mail, text messaging, and voicemail. An email sent or received on City
equipment is considered a public record. Employees do not have a reasonable
expectation of privacy in these areas or in any other City work areas or when
using City equipment.
Employees may not use City facilities, supplies or equipment, including vehicles,
for personal, non-City-business purposes. The only exception is certain,
incidental, de minimus personal use of the City’s technology recourse. See
Policy 9.7
Employee Personal Property: The City recognizes that employees may need
or want to bring personal property to work. The City permits employees to do so
but asks its employees to refrain from bringing unnecessary or inappropriate
personal property to the workplace.
Any property that is not appropriate for the conduct of normal business, that may
be disruptive to workflow, may pose a safety risk to employees or the public, or
which violates the terms of any City policy may be considered unnecessary or
inappropriate. It will be within the City’s sole discretion to determine whether
certain personal property is unnecessary or inappropriate.
The only personal property that an employee may be asked to use for City
business is their personal vehicle. However, employees may choose to bring
and use personal property in the performance of job duties. If personal property
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is used to perform job duties, employees must obtain written approval from a
supervisor prior to its use and the property must comply with City standards.
It is the employee’s responsibility to safeguard personal belongings. The City will
not be liable for lost, damaged or stolen property of its employees and at no time
will the City replace or reimburse an employee for personal property that an
employee brings to the workplace. Employees are encouraged to exercise
reasonable care to safeguard personal items brought to work. For example,
employees should not bring valuables to work and should not leave personal
items where they might be damaged or stolen.
Improper or excessive use of personal property brought onto City property or
worksites or during work hours (for example, the excessive or inappropriate use
of personal cell phones for personal phone calls, text-messaging, imaging or
videotaping), may also result in disciplinary action, up to and including
termination.
9.7 ELECTRONIC MEDIA POLICY
It is the policy of the City to maximize the cost-effective use of computer systems
as a means of improving productivity. The City provides communication
resources including computing resources, electronic mail (email), internet
access, personal digital assistants, and other electronic communications devices
(collectively referred to as the City’s Technology Resources) to employees to
assist in and facilitate City business and communications. The primary purpose
of the City’s network and systems is to provide service to the public as part of the
City’s business, in a manner that is consistent with the City’s vision and values.
De minimus, incidental personal use of the City’s Technology Resources by
employees is permitted if accomplished in compliance with the provisions of this
policy, as set forth below.
This policy does not address all required, allowed, or prohibited behaviors by
employees, but covers common examples. In general, the City relies on the
good judgment of its employees to ensure that City Technology Resources are
used in the City’s best interest.
No Expectation of Privacy: By using the City’s Technology Resources,
employees acknowledge and agree that they have no expectation of privacy or
confidentiality vis-à-vis the City in their use of these systems or in any data that
they create, store, or transmit on or over the systems, including any data created,
stored or transmitted during an employee’s incidental personal use of the
Technology Resources as permitted under this policy. Employees further agree
that they are aware of, understand and will comply with the provisions of this
policy, and that their use of the Technology Resources can and will be monitored
and any data that they create store, or transmit on or over City systems may be
inspected by City management at any time. Employees should understand that
certain email and text messages (even if personal in nature), other electronic
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communications, and documents created on City computer systems may be
considered a public record subject to disclosure and/or subject to discovery in the
event of litigation.
In addition, employees should recognize that cellular and other wireless
transmissions are not secure; thus, employees should exercise discretion when
relating confidential information during a cellular telephone call.
Standardized Software and Hardware: The City has established standard
software and hardware for commonly used applications. The use of
unauthorized, non-standard software or hardware, including personally owned
software or hardware, on city computer systems without approval of the IT
Director is prohibited.
Installation of Software and Hardware: Improper installation of software or
hardware can damage a computer system, cause system malfunction, or conflict
with system configuration. All standardized software and hardware is to be
installed by the IT Department. Specialized software and hardware technologies
exclusive to individual departments may be managed within the appropriate
department, in coordination with the IT Department. Any moving, relocating, or
rearranging of computer software or hardware should also be coordinated with
the IT Department.
Ownership and Confidentiality: All software, programs, applications,
templates, data, data files and web pages residing on City computer systems or
storage media or developed on City computer systems are the property of the
City. The City retains the right to access, copy, modify, destroy or delete this
property. Data files containing confidential or sensitive data should be treated
accordingly and should not be removed from the workplace without proper
authorization.
Copying Software, Programs, Applications, Templates, etc.: Employees
must notify the IT Department and receive proper authorization before attempting
to copy software, applications, programs or templates. In many cases, copyright
laws and/or licenses for commercial software, programs, applications and
templates used by the City prohibit the making of multiple copies. The City and
its employees are required to abide by the federal copyright laws and to abide by
all licensing agreements.
Acceptable Uses of City’s Technology Resources: The City’s Technology
Resources are to be used by employees or volunteers for City business.
Employees should create and send only courteous, professional and
businesslike messages and documents that do not contain objectionable
offensive or potentially discriminatory material.
Incidental, de minimus personal use may be permitted where, in the judgment of
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the employee’s supervisor or department director, such use does not interfere
with employee or department productivity, nor distract/take time away from the
worker or co-workers assigned work. Generally speaking, incidental, de minimus
personal use means:
1) it is occasional and of short duration;
2) it is done on an employee’s personal time, such as on a lunch
break;
3) it does not interfere with job responsibilities;
4) it does not result in any expense to the City;
5) it does not solicit for or promote commercial ventures;
6) it does not utilize excessive network resources; and
7) it does not constitute any prohibited use, as discussed below. Long
distance personal use is prohibited.
Any personal use of the City’s computer, Internet and email services must
comply with all applicable laws and City policies, including anti-discrimination
policies and Internet usage policy.
While use that results in a cost to the City is prohibited, if such use occurs,
employees must reimburse the City for costs that would not otherwise have been
incurred by the City resulting from the employee’s personal use of such devices.
In order to prevent potential City liability, it is the responsibility of all Internet
users to clearly communicate to the recipient when the opinions expressed do
not represent those of the City of Port Townsend.
Prohibited Uses of City’s Technology Resources: Use of the City’s
Technology Resources to engage in any communication that violates federal,
state, or local laws or regulations, or any City policy, is strictly prohibited at all
times. In addition, the following uses of the City’s Technology Resources are
inappropriate and are prohibited at all times, unless specifically exempted below:
● Use by non-exempt staff for work purposes outside of their normal
work schedule without authorization in advance from management.
This includes reviewing, sending and responding to e-mails or text
messages and responding to, or making phone calls. Exceptions
apply for on-call/stand by work.
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• Personal commercial use (meaning use that benefits an
employee’s outside employment or commercial business);
• Accessing, receiving or sending pornographic, sexually explicit or
indecent materials, including materials of an offensive nature
(unless as part of a law enforcement investigation conducted by
authorized Police personnel);
• Usage for any type of harassment or discrimination, including the
transmission of obscene or harassing messages to any individual
or group because of their sex, race, religion, sexual orientation,
national origin, age, disability or other protected status;
• Gambling;
• Usage for recreational purposes including the loading of computer
games or playing online games;
• Usage that precludes or hampers City network performance; such
as viewing or listening to streaming audio and/or video (unless for
City business, such as for online training);
• Unauthorized copying or downloading of copyrighted material;
• Usage that violates software license agreements;
• Use of video or audio recording capabilities anywhere in the
building or on City property at anytime, other than where permitted
by federal, state or local law.
• Downloading of software programs (unless specifically approved by
applicable Director and coordinated with the IT Department);
• Usage for political purposes, including partisan campaigning;
• Sending anonymous messages and/or misrepresenting an
employee’s name, position, or job description;
• Deliberately propagating any virus, worm, trojan horse, malware,
spyware, or other code or file designed to disrupt, disable, impair,
or otherwise harm either the City’s networks or systems, or those of
any other individual or entity;
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• Releasing misleading, distorted, untrue or confidential materials
regarding City business, views or actions;
• Using abusive, profane, threatening, racist, sexist, or otherwise
objectionable language in either public or private messages;
• Use of Technology Resources in an excessive manner so as to
deprive others of system use or resources, including the sending of
bulk email for other than official business or forwarding “chain
letter” emails of any kind;
• Connecting to the City network, or any specific software package,
utilizing somebody else’s security identification login information to
gain alternate security permissions; gaining unauthorized access to
another employee’s e-mail messages, or sending messages using
another employee’s password.
• Any personal use, even if incidental, that results in expense to the
City;
• Usage that violates the guidelines set forth in the Standards of
Conduct described in this Manual.
Any employee who violates these policies is subject to disciplinary action, up to
and including termination. In addition, employees may be held personally liable
for damages incurred as a result of copyright and licensing requirements.
Downloading Files from the Internet or Opening Email Attachments:
Downloading files from the internet or opening email attachments from sources
outside the City can lead to spyware and/or virus attacks that can severely
damage, or degrade the City’s network and/or data. The IT Department has
installed anti-virus and anti-spyware software on all City computers and
continuously updates signature definition files. However, that does not
guarantee that all spyware is blocked, or that all viruses are caught.
If you are downloading a file and receive a message that a virus or spyware has
been detected, you must call the IT Department immediately for assistance.
Similarly if you receive an email with a suspicious attachment, or from an unusual
source, you should notify the IT Department before opening it. If you notice that
your computer is behaving strangely or you suspect spyware or a virus, notify the
IT Department.
Payment for Wireless Device Use: Recognizing that City supplies, services and
equipment cannot be used for personal purposes, any person who is assigned a
cellular telephone or other device must make provision to assure payment for
personal calls in accordance with Human Resources requirements.
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Use of Handheld Wireless Communication Devices While Driving is
Prohibited: Except as provided below, the use of handheld wireless
communication devices, including but not limited to cellular telephones and smart
phones (including text messaging), is not permitted while operating a car or other
moving vehicle unless a hands free device is used. If a hands free device is not
used, all necessary phone calls must be made before leaving the previous
location or after arriving at the next destination. In the event an employee must
make or receive a call or message while driving, he/she must find a safe place to
pull over and stop the vehicle.
Under Washington state law, a person operating a moving motor vehicle while
holding a wireless communications device to his or her ear is guilty of a traffic
infraction (RCW 46.61.667). Also under state law, a person operating such a
vehicle is prohibited from sending, reading, or writing a text message while
driving (RCW 46.61.668). These prohibitions do not apply to: an authorized
emergency vehicle; or to a person operating a moving motor vehicle using a
hand-held wireless communications device or electronic communications device
to report illegal activity, summon medical or other emergency help, or prevent
injury to a person or property. RCW 46.61.667 does not apply to a person
operating a moving motor vehicle while using a hearing aid.
Text Messaging:
The use of text messaging is not authorized on City-owned phones. Employees
who hold positions that require the use of text messaging may seek approval
from their Department Head and the City Manager. The following addresses the
use of text messaging for City business and the retention requirements for text
messages relating to City business that are received or sent on City-owned or
personally-owned cell phones and devices. “City business” means anything
related to the employee’s job or to the operation of the City.
Text messages regarding City business are of two types: (1) transitory texts; and
(2) non-transitory texts. “Transitory texts” are text messages that only document
information of temporary, short-term value, and that is not needed as evidence of
a business transaction, such as requests to set a work meeting, asking of an
employee can come in to work when not scheduled, that the employee is running
late, directions, or that a task has been completed. All other texts are “non-
transitory” texts.
When authorized, employees should use text messaging only for transitory
messages. Transitory texts should be deleted by the user as soon as possible
unless the employee has been notified that there is a pending public records
request.
If text messaging is used for non-transitory purposes, the non-transitory texts
may not be deleted from a cell phone or device until they have been reproduced,
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transcribed, or retained in some other manner. Non-transitory messages shall be
reproduced no later than 7 days after the text is sent or received.
An employee is required to reproduce a text message:
● When the text message is non-transitory and must be retained;
● When a supervisor orders the employee to reproduce the text
message; or
● When the text message is maintained on a cell phone or device
and the employee is notified of the existence of a public records
request for the text message.
Employees will reproduce the text message by any of the following means:
● Forwarding the text to a proper City email address;
● Taking screen shots of the text and emailing the screen shots to an
appropriate City email address;
● Utilizing a pre-approved application on city-owned cell phones and
devices that stores or disseminates the message to City-owned
servers or networks.
Text messages may not be used to send policy, contract, formal
correspondence, medical, or personnel-related data. Sensitive information
should not be sent by text message including social security numbers, credit card
numbers and passwords.
9.8 SOCIAL MEDIA POLICY.
The Social Media Policy is set forth in Attachment A.
9.9 USE OF PERSONAL COMPUTER OR COMMUNICATION DEVICES
FOR CITY BUSINESS:
Employees shall not use personal computers or devices for City business without
first obtaining City Manager approval. Among considerations concerning any
such use is that records (including electronic records) or communications relating
to City business generated by or sent to or from personal computers or devices
are public documents under the Public Records Act, and are subject to
disclosure in response to a public records request unless an exemption applies.
The City reserves the right to review the contents of any record, document or
communication, created or stored on a personal computer or electronic device,
including electronic mail, text messaging, and voicemail that is created or
received while on-duty or engaged in City business. Employees do not have a
reasonable expectation of privacy in use of such devices while on-duty or
engaged in City business.
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9.10 AUTOMOBILE USAGE
The City provides vehicles for business use, to allow employees to drive on City
business, and to reimburse employees for business use of personal vehicles
according to the guidelines below. The term "vehicle" as used in these
guidelines includes, but is not limited to, cars, trucks, backhoes, front-end
loaders, and graders.
1) Employees may not drive any vehicles for City business without
prior approval of their supervisor.
2) Employees who need transportation in the course of their normal
work may be assigned a City vehicle for their use. All other
employees needing transportation for City business may use
vehicles assigned to their department or those drawn from the
motor pool as approved by their supervisor. Employees may also
use their own vehicles for business purposes with prior approval of
their supervisor.
3) Except as authorized by the employee’s supervisor, employees
with an assigned vehicle may not use it for personal use, other than
to purchase food and beverage for meal and break periods. An
employee is not allowed to take a vehicle home during meal and
break periods. If authorized by the employee’s supervisor, an
employee may take a vehicle home for a special purpose, for
example, if needed to allow the employee to change clothes. (See
below for vehicle use by employees allowed to take a vehicle home
because they are on 24-hour call status.)
4) All City vehicles shall remain on City property while not in service,
unless specifically authorized.
5) Employees who drive a vehicle on City business must exercise due
diligence to drive safely, follow all traffic laws (including the
prohibitions on using cell phones and other similar devices), avoid
distractions while driving, and maintain the security of the vehicle
and its contents, and maintain a good driving record. (See
Definitions at section 1.5 for definition of good driving record.
Employees who drive a vehicle on City business shall notify their
supervisor if they do not have or maintain a good driving record.)
Employees are also responsible for any driving infractions or fines
as a result of their driving a City vehicle and must promptly report
them to their supervisors. Employees who drive a City vehicle also
should ensure that the vehicle is kept clean and free of litter.
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6) As required by Washington State law, anyone operating or riding in
City vehicles or a personal vehicle on City business must wear a
seat belt at all times.
7) Non-employees and non-business passengers (for example, family
and friends) are prohibited from riding in City vehicles,
8) Employees who use their personal vehicle for approved business
purposes will receive a mileage allowance equal to the Internal
Revenue Service optional mileage allowance for such usage. This
allowance is to compensate for the cost of gasoline, oil,
depreciation, and insurance. Employees who operate personal
vehicles for City business should obtain auto liability coverage for
bodily injury and property damage with a special endorsement for
Business Use, when necessary as determined by their personal
insurance agent.
9) Employees must promptly report any accident, theft, or malicious
damage involving a City vehicle to their supervisor, regardless of
the extent of damage or lack of injuries. Such reports must be
made as soon as possible. Employees shall not move the vehicle
unless directed by police until a supervisor is able to inspect the
scene. Employees are expected to cooperate fully with authorities
in the event of an accident. However, employees should make no
voluntary statement other than in reply to questions of investigating
officers.
10) Employees who are on call on a 24-hour basis may be authorized
under certain circumstances to take a vehicle home so they can
respond as soon as possible provided that they sign a written
acknowledgment that they fully understand that the vehicle is used
only as part of emergency response and not for personal use
(except as allowed by the employee’s supervisor).
11) Employees are not permitted, under any circumstances, to operate
a City vehicle, or a personal vehicle for City business, when any
physical or mental impairment causes or may cause the employee
to be unable to drive safely. Additionally, employees shall not
operate any City vehicle at any time, or operate any personal
vehicle while on City business, while using or consuming alcohol,
illegal drugs, or prescription medications that may affect their ability
to drive. These prohibitions include circumstances in which the
employee is temporarily unable to operate a vehicle safely or
legally because of impairment, illness, medication, or intoxication.
12) In most circumstances, time spent by nonexempt employees (those
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covered by the minimum wage and overtime provisions of the Fair
Labor Standards Act) in driving a City or personal vehicle on City
business is considered hours worked for pay purposes. However,
under most circumstances, commuting time before the start and
after the end of the workday is not treated as work time for pay
purposes even if the employee is driving a City vehicle.
9.11 DRIVER'S LICENSE REQUIREMENTS
Any employee operating a City vehicle, or using a motor vehicle for City
business, must be at least 18 years of age and have a valid driver’s license.
As part of the requirements for certain City positions, an employee may be
required to hold a valid Washington State Driver's license and/or hold a valid
commercial driver’s license (CDL) and continue to meet all the requirements for
maintaining such licenses. If such an employee's license is revoked, suspended
or lost, or is in any other way not current, valid and in the employee's possession,
the employee shall promptly notify his/her department director and immediately
suspend driving duties. The employee may not resume driving until proof of a
valid, current license is provided to his/her department director. Depending on
the duration of license suspension, revocation or other inability to drive, an
employee may be separated from employment as they no longer meet the
minimum qualifications and job responsibilities for their position. An employee’s
failure to notify his/her department director of such a license suspension,
revocation or other license disqualification may also result in disciplinary action,
up to and including termination.
Periodic checks of employee’s driver’s licenses through visual and/or formal
State Department of Licensing review may be made by department directors,
supervisors or Human Resources. Employees who do not hold a valid driver’s
license must not operate a City vehicle until such time as a valid license is
obtained.
9.12 ACCIDENT PREVENTION AND SAFETY
It is the City’s intent to provide safe working conditions for its employees. Every
employee is responsible for maintaining a safe work environment and following
the City's safety rules. Copies of the Safety Manual provided by the City of Port
Townsend Safety Committee are available in Human Resources and are
distributed to each new employee at the time of hire. Employees shall promptly
report all unsafe or potentially hazardous conditions to their department director.
The City will make every effort to remedy problems as quickly as possible.
The City encourages the promotion of accident prevention and safety education
at regular department/division safety meetings. Employees in certain jobs or
when performing certain tasks, operating equipment or as otherwise instructed
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are required to use personal protective equipment provided by the City, such as
safety vests/glasses, hearing protection, gloves and/or hard hats. Employees are
prohibited from removing guards or other protective devices from machinery and
equipment or in any way tampering with or disabling safety measures. Violations
of safety requirements may result in discipline, up to and including termination.
In case of an accident involving personal injury or damage to property regardless
of how minor or if a motor vehicle is involved in a collision of any kind, any
involved employees shall immediately notify their supervisor or department
director or designee. In any accident that results in serious property loss or
bodily injury, if there is reasonable suspicion that the employee may have been
under the influence, the City may test the employee for drugs or alcohol use. In
addition, no City employee is permitted to engage in conduct after an accident or
injury occurs, that will negatively impact the City’s or law enforcement’s
investigation of the accident.
On the Job Employee Injuries: When an on-the-job injury occurs, employees
are required to report to their immediate supervisor each injury or illness
regardless of the degree of severity. As soon as possible after an accident or
occupational illness is discovered, the employee must complete the City’s
Accident or Incident Report form and submit it to Human Resources within
twenty-four (24) hours of the accident or the occupational illness is discovered.
The supervisor is required to submit an accident investigation report to City
Administration within three days of the accident or incident. If applicable, the
employee is responsible for completing the Washington State Labor and
Industries claim form. Supervisors are required to complete the supervisor
portion of the accident report form. Should the injury require attention beyond
basic first aid, the employee should have his or her treating physician complete
the applicable portion of the Washington State Labor and Industries claim form.
Injured employees must submit physician time loss certification to their
department director or designee and if absent from work for more than seven (7)
days, contact his or her department director or designee once a week or as
otherwise required to keep the City informed of their condition, progress and
intent to return to work. The injured employee’s department director or designee
shall immediately forward the original completed time loss certification to Human
Resources.
Accidents/Incidents: Employees shall report any work-related accidents
involving a third party personal injury and/or damage to public/private property or
equipment, regardless how minor, to their immediate supervisor or department
director, City Manager or designee. Such report shall be made as soon as
possible, but in no event later than one (1) hour following such accident. So that
an accident may be timely reported, the initial report may be given verbally.
Accident report forms are available from supervisors or City Administration. A
written accident report shall be completed by the employee as soon as possible,
and, unless the employee is medically unable to, no later than twenty-four (24)
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hours following the accident, or sooner if required by the employee’s department
director or City Administration.
Employees shall compile any reports requested by their supervisor, department
director and/or Human Resources. In the case of a vehicular accident, the
employee shall immediately notify the law enforcement agency having
jurisdiction, which shall determine whether or not an accident investigation and/or
police incident report is necessary. If required, a State Motor Vehicle Collision
Report shall be completed by the employee.
Bloodborne Pathogens: Since being exposed to a bloodborne pathogen may
lead to sicknesses such as hepatitis, HIV or malaria, and because the City
wishes to assure its employees a safe and healthy work environment, it is the
policy of the City to comply with all statutory obligations for the prevention of
exposure to bloodborne pathogens. Employees should familiarize themselves
with the City’s Exposure Control Plan and follow it at all times. Failure to comply
with this plan will result in discipline up to and including termination.
9.13 SAFE WORKPLACE
The City is committed to providing a safe and secure work environment for
employees, contractors, visitors, and the general public. In an effort to prevent
the possibility of violence in our workplace, the City has implemented this Safe
Workplace policy. The City strictly prohibits threatened or actual workplace
violence. This includes, but is not limited to, the following types of behavior:
Bullying, threatening injury or damage against a person or property;
Fighting or threatening to fight with another person;
Stalking, following, or invading another employee’s personal life;
Violation of section 9.13 regarding the use or possession of a weapon on
City premises;
Engaging in shoving, fighting, blocking, impeding another person, even if
done “all in fun”;
Abusing or injuring another person;
Using obscene or abusive language or gestures in a threatening manner;
Raising voices in a threatening manner; and
Any other behavior that causes others to feel unsafe.
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Because of the potential for misunderstanding, joking about any of the above
misconduct is also prohibited. Any employee who violates this policy will be
subject to immediate discipline, up to and including termination.
Reporting Procedure: Any employee who reasonably believes that a situation
with an aggressive employee, member of the general public, or other party (e.g.,
any person who uses obscene or abusive language or gestures, makes threats,
or acts in a violent or threatening manner) may or has become violent should
immediately leave the area and call 911. The employee should also immediately
report the situation to his/her supervisor and department director. If the
supervisor and department director are unavailable or are part of the violence,
the employee shall report the situation to the City Manager. Once the situation
has been defused, the supervisor or department director must contact the City
Manager to initiate a full investigation. The report will be investigated and the
appropriate disciplinary or corrective action will be taken.
Duty to Report Protective Orders: Any employee who is the subject of or
protected by a domestic violence protective order or civil protective order shall
immediately report the existence of the order to his/her department director or
City Manager. The department director shall notify the City Manager.
Duty to Report Criminal Arrests and Convictions: Any employee who is
arrested or convicted for a felony, gross misdemeanor or misdemeanor offence
shall immediately report such arrest or conviction to his/her department director
or City Manager.
9.14 FIREARMS AND DANGEROUS WEAPONS
In order to facilitate a safe work environment, employees are prohibited from
bringing, carrying, exhibiting or using any dangerous weapon in the workplace or
into a City facility. This includes, but is not limited to, a weapon for which
employees have a valid permit. "City facility" means all areas within the
ownership and/or control of the City, and includes, but is not limited to, offices,
buildings, parking lots associated with a City building, city vehicles, desks,
cabinets, lockers, or storage areas. This prohibition includes keeping a
dangerous weapon in an employee’s vehicle while the vehicle is on a parking lot
associated with a City building. The term “dangerous weapon” includes, but is
not limited to:
Any firearm, rifle or handgun, whether such person has a license or permit
to carry such firearm or not, and whether such firearm is concealed or not.
Any knife, sword, dagger, or other cutting or stabbing instrument, with a
blade of a length of three inches or more, or any razor with an unguarded
blade, whether such weapon or instrument is concealed or not.
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Any instrument or weapon of the kind usually known as a slingshot, taser,
throwing star, bow, sand club, blackjack, metal knuckles, or any stick,
chain, metal pipe, bar, club or combination thereof including a device
known as numchuk sticks, or any device having the same or similar
components or parts, whether or not connected by a rope, chain or other
device, or any explosive or poison or injurious gas (excluding those
normally used in the course of one's employment duty), or any other
instrument capable of producing bodily harm, whether such instrument or
weapon is concealed or not.
Carrying, exhibiting, displaying or drawing any firearm, dagger, sword,
knife or any explosive device, cutting or stabbing instrument, club or any
other object capable of producing bodily harm where held or used, in a
manner, under circumstances, and at a time and place that either
manifests an intent to intimidate another or that warrants alarm for the
safety of another person or persons.
This policy does not apply to or affect the following:
Authorized law enforcement officer.
Any person making or assisting in making a lawful arrest for the
commission of a felony.
Any situation where an employee’s job duties require the carrying or use
of explosives, poisons or other potentially dangerous chemicals or
devices, while in the performance of those duties and only as it relates to
those items.
Other exceptions as may be authorized in writing by the City Manager.
Any employee violating this policy may be subject to disciplinary action, up to and
including termination.
9.15 SUBSTANCE ABUSE
The City recognizes alcoholism and drug abuse have an adverse effect on job
performance and public safety. The City’s policy on substance abuse reflects its
concern for the well-being of the employee and the safety of other employees
and members of the public.
The City strictly prohibits the use, possession, consumption, sale, distribution, or
being under the influence of, alcohol or controlled substances in the workplace or
during work time, including recreational and medical marijuana. Possession of
medical marijuana, or legal amounts of recreational marijuana or its byproducts,
or being under the influence of marijuana while on duty is prohibited and may
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lead to disciplinary action (RCW 69.51A.060(6)). When employees are on the
job, they are expected to be free from any impairment or substance which could
contribute to an injury, accident, property damage, or interfere with productivity.
They are to be free of illegal drugs or potentially impairing levels of legal
substances. In short, all employees are expected to be “drug- and alcohol-free”
and “fit for work.”
The possession and use of medically prescribed and over-the-counter drugs
during work hours is permissible, provided the prescription drugs are specifically
prescribed by an authorized health care provider for the use of that employee,
use of prescription or over-the-counter drugs complies with the recommended
dosage and usage and use does not result in any impairment. An employee who
needs to use or be under the influence of prescription or over the counter drugs
while at work, must immediately inform his or her supervisor of such usage if the
employee knows, or the prescribed or over-the-counter drug contains a warning
notice that use could impair the employee’s ability to perform his or her job safely
and effectively or could endanger others. Depending on the circumstances,
employees may be reassigned, prohibited from performing certain tasks, or
prohibited from working while using the medication.
Prohibitions:
1) The unauthorized use, sale, distribution, purchase or possession of
alcohol or controlled substances at the work site or during work
hours is prohibited and shall be grounds for discipline up to and
including termination.
2) The use of City property or the employee's position within the City
to make or traffic intoxicants, illegal drugs or controlled substances
may be grounds for discipline, up to and including termination.
3) Any other use, possession or trafficking of intoxicants, illegal drugs
or controlled substances in a manner which is detrimental to the
interest of the City may be grounds for discipline up to and
including termination.
4) Reporting to work (including overtime call-outs) under the influence
of alcohol or drugs, or any substance which impairs an employee's
mental or physical capacity, will not be tolerated. Under no
circumstances will an employee be allowed to operate equipment
or drive a motor vehicle when it reasonably appears an employee’s
ability to do so is impaired. Any employee using medication or
prescribed drugs which may impair job performance shall promptly
report this fact in writing to his/her supervisor.
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Availability of Rehabilitation or Treatment: As part of the City’s Employee
Assistance Program (EAP), employees who are concerned about alcohol or drug
use are encouraged to seek counseling, treatment and rehabilitation. Although
the decision to seek diagnosis and accept treatment is completely voluntary, the
City is committed to assisting employees who voluntarily come forward to
overcome substance abuse problems, on the condition the employee utilizes the
EAP before the performance problems occur. In most cases, the expense of
treatment may be fully or partially covered by the City’s benefit program. In
recognition of the sensitive nature of these matters, all discussions between the
employee and the EAP provider will be kept confidential. Employees who seek
advice or treatment will not be subject to retaliation or discrimination for
accessing EAP. Violation of this policy, poor performance or failure to
successfully complete an assigned rehabilitation program, however, may be
grounds for discipline, up to and including termination. Also, if a disciplinary
course of action has already begun before employee requests assistance
through EAP, the City may continue on that disciplinary course, and if termination
occurs, access to the EAP services may terminate, unless the employee extends
health care coverage through COBRA.
When Job Performance is Affected: The City may discipline or terminate an
employee who possesses, consumes, sells, purchases, distributes or uses
alcohol or controlled substances during work hours. The City may also discipline
or terminate an employee who reports for duty or who works under the influence
of, or is affected by, alcohol or controlled substances. An employee may be
required to submit to alcohol or controlled substance testing when the City has
reasonable suspicion the employee is under the influence of controlled
substances or alcohol. Employees involved in accidents which require medical
attention or result in a non-trivial amount of property damage may be subject to a
drug and/or alcohol screen if the City has reasonable suspicion the employee is
under the influence Refusal to submit to City-requested testing will be
considered a positive test and subject the employee to disciplinary action, up to
and including termination. Refusal can include an inability to provide a sufficient
urine specimen or breath sample without a valid medical explanation, as well as
a verbal declaration, obstructive behavior, physical absence resulting in the
inability to conduct the test or any other acts constituting refusal under 49 C.F.R.
part 40.
Supervisor Responsibilities: If a supervisor has reasonable grounds to believe
an employee is under the influence of alcohol or drugs when reporting for work or
during the work shift, the supervisor has an obligation to verify the employee's
condition and relieve the employee of his/her duties. The supervisor should seek
the opinion of at least one additional supervisor, if practical.
The possibility of City or supervisor liability exists if an employee who is under
the influence of alcohol or drugs is allowed to remain working, operate or drive
vehicles or equipment on the job or drive a private vehicle from the work site. An
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employee who is believed to be under the influence of alcohol or drugs should
not be allowed to operate equipment or drive a vehicle, including a private
vehicle, until it is determined the employee possesses the ability to safely
operate the equipment or drive a vehicle. If an employee is impaired, a
supervisor should transport or arrange transportation of the employee to a
medical facility or the employee’s home, as appropriate.
A supervisor and/or department director who observes a continuing decline in an
employee’s job performance or attendance is encouraged to refer the employee
to the EAP when usual supervisory actions have failed to yield improvement. In
cases where other management methods have failed to improve an employee's
job performance, the department director has the option to mandate an
employee's participation in a structured screening and treatment program as an
alternative to dismissal for unacceptable job performance. Use of the program is
confidential and does not replace normal disciplinary procedures for
unsatisfactory job performance.
Notification Requirement: Employees must notify Human Resources of any
criminal drug conviction for a violation within five (5) days after the conviction.
Failure to report such conviction or any moving violation causing the loss of
driver’s license by state or local law enforcement involving drugs or alcohol, shall
result in discipline up to and including termination.
Drug and Alcohol Testing – All Employees: The City may require an
employee to submit to appropriate tests, including urinalysis, to confirm the
existence of alcohol or prohibited drug or substance in his or her system when:
1) the City has a “reasonable suspicion” the employee may be under
the influence of, or affected by, drugs or alcohol while on duty.
“Reasonable suspicion” must be based on documented objective facts and
circumstances that are consistent with the effects of substance abuse.
Reasonable suspicion referrals must be made by a supervisor who is trained to
detect the signs and symptoms of drug and alcohol use and who reasonably
concludes that an employee may be adversely affected or impaired in their work
performance due to possible prohibited substance misuse.
Drug and Alcohol Testing – Employees Who Operate Commercial Vehicles-
Department of Transportation Regulations for Drug and Alcohol Testing:
The City of Port Townsend is required by federal regulation to administer a
testing program for controlled substance and alcohol use for employees required
to have and maintain a Commercial Driver’s License (CDL) and for employees in
safety sensitive positions, including operators of natural gas pipeline facilities.
City employees who hold CDLs and who operate commercial motor vehicles
while employed by the City, and City employees who perform specific duties for
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the natural gas facility are subject to additional rules and regulations imposed by
the federal government. These regulations require urine drug testing and alcohol
breath testing in the following circumstances:
1) Pre-employment, currently for controlled substances only;
2) Reasonable suspicion;
3) Post-accident;
4) Return to duty; and
5) Random (except certain natural gas facilities employees as it
pertains to alcohol).
Covered employees who test positive must be removed from service and are
subject to discipline, up to and including termination. CDL holders and natural
gas employees should consult the City's administrative policies for additional
details concerning the appropriate rules applicable to employees covered under
the Department of Transportation regulations.
9.16 NOTICES TO EMPLOYEES
Information of special interest to all employees is posted regularly on the City of
Port Townsend bulletin boards, city website and/or sent by email to City
employees. Employees may not post any information on these bulletin boards
without prior authorization of the City Manager or his/her designee.
9.17 CONTACT WITH THE NEWS MEDIA; LOBBYING EFFORTS
The City Manager, employees designated by the City Manager or designated
department directors are responsible for all official contacts with the news or
social media (including answering questions from the media), and in connection
with the dissemination of official information concerning City business. The City
Manager or department director may designate specific employees to give out
procedural, factual or historical information on particular subjects. Other
employees should refer questions from the media to the City Manager or
designated media representative.
An employee is free to voice a position, oral or written, on any issue involving
City business so long as it is made clear that the employee is not speaking as a
representative of the City. (However, see Policy 10.1, and in particular 10.1 (19)
prohibiting certain expression that is detrimental to the City.)
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9.18 SOLICITATIONS
Most forms of selling and solicitations are inappropriate in the workplace. They
can be an intrusion on employees and residents and may present a risk to
employee safety or to the security of City or employee property. The following
limitations apply:
1) Persons not employed by the City may not solicit, survey, petition,
or distribute literature on City premises at any time. This prohibition
includes persons soliciting for charities, salespersons,
questionnaire surveyors, labor union organizers, or any other
solicitor or distributor. Individuals who wish to do business with
employees of the City shall be referred to the City Manager’s office.
Exceptions to this rule may be made in special circumstances if the
City Manager determines an exception would serve the best
interests of the organization and its employees. An example of an
exception might be the United Good Neighbor campaign or a
similar, community-based non-profit fund raising effort.
2) Employees may not solicit others for any purpose during work time.
Reasonable forms of solicitation are permitted during non-work
time, such as before or after work or during meal or break periods.
Employees who are on non-work time may not solicit other
employees who are on work time.
9.19 LEGAL LIABILITY
Employees shall comply with the laws and regulations that relate to the
performance of their duties and shall perform their duties as reasonable and
prudent persons. In accordance with, and to the extent required by, the
provisions of RCW 4.96.041, the City shall provide and pay for the necessary
expenses of legal defense to employees for actions filed against employees for
acts or omissions found by the City to be within the scope of his or her official
City duties.
9.20 SERVICE OF PROCESS
No employee shall accept Service of Process or other notices of lawsuits
involving the City except with written approval of the City Manager. Anyone who
does receive such process or notice shall immediately provide the notice to the
City Manager.
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CHAPTER 10
DISCIPLINE AND TERMINATIONS
10.1 ACTIONS SUBJECT TO DISCIPLINARY ACTION
Success in providing excellent service to City residents and maintaining good
relationships with the community depends on City employees. These policies
provide guidance for conduct which, if engaged in, would be detrimental to the
City’s mission and could lead to disciplinary action up to and including
termination. The following is a non-exclusive list of specified conduct which is
considered detrimental to the workplace, constitutes a violation of expressly
stated City policy prohibiting such conduct, and may lead to disciplinary action by
the City. The list contains examples of misconduct which should be considered
illustrative and not comprehensive. The misconduct refers to conduct in the
workplace and also to conduct outside the workplace where such conduct brings
disrepute to the City or otherwise adversely impacts the City.
1) Making a false or misleading statement of fact or practicing any
deception, fraud or misconduct in connection with securing
employment with the City;
2) Illegal or unauthorized use or misuse of any City facilities, property,
supplies, equipment, services, funds or time (including, allowing
others to engage in unauthorized use of any City facilities, property,
supplies, equipment, services, funds;
3) Authorized operation, use or possession of machines, tools, or
equipment to which the employee has not been specifically
assigned;
4) Unauthorized use of position with the City for personal gain or
advantage, accepting unlawful gratuities or bribes;
5) Lying;
6) Insubordination;
7) Violation of a lawful duty;
8) Smoking or use of tobacco products in an unauthorized area or
creating fire hazards in any area;
9) Violation of appearance and behavior standards;
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10) Failure to report an occurrence causing damage to, or misuse of,
City, customer or public property; or failure to properly secure City
facilities or property;
11) Failure to report a condition or situation with a likelihood of causing
harm or damage to life or property in the City (whether the
employee is on or off duty). If an employee sees a dangerous
situation, or a dangerous situation is reported to the employee, the
employee should report the matter to the employee’s supervisor or
to the Police Department (or 911);
12) Loitering outside of work hours which results in the disruption of the
City's business or the work effort of other employees;
13) Vending, soliciting, or collecting contributions for any purpose
whatsoever during working time without the permission of the
supervisor or in violation of the non-solicitation policy;
14) Unauthorized recording of another employee's time record (both
employees can be subject to disciplinary action);
15) Intentional falsification of records or paperwork;
16) Habitual tardiness or absences from work;
17) Absences without proper notification to immediate supervisor,
excessive absenteeism, absenteeism unrelated to an approved
leave or insufficient reasons for absenteeism;
18) Loitering, goofing off or failing to assist others in a work situation;
19) Making malicious, false, harassing, discriminatory, defamatory or
derogatory statements, posts, emails, or texts that are intended to
or could reasonably be expected to damage the integrity or
reputation of the City or its employees, on or off work or the
workplace, and whether or not City resources are used.
Employees are reminded that what is said online in email, Twitter,
tweets, or social media updates is public if City resources are used,
and may be public even if they are not, and in any event are
permanent;
20) Disorderly conduct, including fighting on the premises;
21) Rudeness, discrimination, harassment, intimidation, coercion, use
of obscene language, gesture or lack of courtesy to the public or
fellow employees;
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22) Immoral conduct that adversely reflects on the City or the
employee’s ability to perform his/her job for the City;
23) Inability, inefficiency, or negligent work performance, including a
refusal or failure to perform assigned work;
24) Concealing defective work;
25) Unsatisfactory job performance;
26) Failure to observe safety practices, rules, regulations and
instructions;
27) Negligence which results in injury to others;
28) Failure to wear required safety clothing and equipment;
29) Any conduct that impairs job safety or endangers another or the
employee;
30) Failure to promptly report an on-the-job injury or accident involving
an employee, equipment, property or visitor to the employee’s
immediate supervisor;
31) Dishonesty or willful disregard of the City’s interests, or theft,
including deliberate destruction, damage or removal of the City's or
another's property from City property, facilities or any job site;
32) Possession, use, sale, distribution, or being under the influence of
alcohol, illegal drugs or other controlled substances in the
workplace or while on City business, including while on standby
duty;
33) Arriving on the job under the influence of, or while in possession of,
alcohol, illegal drugs or other controlled substances;
34) Abuse of non-prescription or prescription drugs on the job;
35) Failure to promptly notify supervisor of any on-the-job use
(including already being under the influence of) or possession of
prescription or over the counter drugs which could impair the
employee’s work efficiency or the safety of the employee or others;
36) Possession of explosives, firearms or weapons on the premises or
at any job site, except when required for the job;
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37) Conviction of a felony, gross misdemeanor, or misdemeanor
involving moral turpitude, which impacts the employee’s ability to
effectively perform all of the duties of his or her position or the
public’s confidence in the employee for the duties the employee
carries out; or the filing of criminal charges against the employee
alleging such a felony or gross misdemeanor, which charges are
reasonably believed by the City to be true;
39) Failure to maintain skills, certifications, licenses or other
requirements of the job; or
40) Violation of the duties or rules imposed by this Manual or any other
City ordinance, resolution, rule, regulation, administrative order or
applicable state or federal law.
This list is not all-inclusive, but only serves as a general guide. The City may
discipline or terminate employees for other reasons not stated above.
10.2 POSSIBLE DISCIPLINARY ACTIONS
The City retains complete discretion as to when a situation calls for discipline or
correction. In addition, the City retains complete discretion as to what form and
level of discipline is appropriate in any given situation, up to and including
termination. In the event discipline is necessary, the types of disciplinary actions
which may be used include, but are not limited to, the following:
1) Verbal Warning;
2) Written Reprimand;
3) Suspension;
4) Demotion; and
5) Termination
The choice of disciplinary action in any particular case is solely the City’s, and
shall be made by the department director, except in cases of suspension,
demotion or termination, the decision shall be made by the department director in
consultation with the City Manager.
The actual discipline imposed will depend on the particular situation. Employees
who are exempt from overtime laws will not be suspended without pay for
disciplinary purposes for periods less than a full workweek, unless the infraction
involves violation of safety rules of major significance.
10.3 PRE-DISCIPLINARY HEARING
In the case of possible suspension, demotion or termination (collectively
“discipline”) of an employee, other than trial employees, the City will conduct a
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pre-disciplinary hearing. The pre-disciplinary hearing serves as a check against
mistaken decisions and as an opportunity for an employee to furnish additional
facts before a final disciplinary decision is made.
In the event a department director or City Manager determines to discipline an
employee, the employee shall be provided with a notice of the proposed
disciplinary action. The notice will generally include:
1) identification of the charges or grounds on which the proposed
disciplinary action is based;
2) an explanation of the reasons the City believes misconduct has
occurred and discipline is warranted;
3) the date, time and location of the pre-disciplinary hearing;
4) notice of the employee’s opportunity at the hearing to respond to
the charges, either verbally or in writing, including a chance to
explain why the City should not go ahead with discipline; and
5) notice of the employee’s right to have a representative present at
the hearing.
If the employee fails or refuses to appear, the disciplinary action may proceed to
be imposed. Pre-disciplinary hearings will be presided over by the City Manager
or a designated representative
Although the written notice of the City’s explanation of reasons (as outlined in
item 2 above) should be sufficient to inform the employee of the basis for
discipline, this procedure shall not be construed to limit the City at any
subsequent hearing or proceeding from presenting a more detailed and complete
case related to the basis for discipline, including the presentation of witnesses
and documents not introduced at the pre-disciplinary hearing.
If the City Manager decides to proceed with termination, or some other
disciplinary action, the City will give the employee written notice of termination or
the other discipline to be imposed.
10.4 LAYOFF AND TERMINATION
The City Manager may layoff or terminate employees for disciplinary reasons,
lack of work, budgetary restrictions, reorganization, elimination of a position or
service, or other changes that have occurred or are expected to take place. The
City Manager may enter into employment separation agreements providing laid
off or terminated employees with agreed-on salary and benefits.
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Temporary employees or employees who have not completed a trial period will
usually be laid off before regular employees are affected.
Options such as part-time work schedules, furloughs, job sharing and voluntary
time and/or pay reductions may also be explored, if, in the opinion of the City
Manager, such options are in the best interests of the City.
In the event the City determines that layoffs are appropriate, regular employees
will usually be retained on the basis of job performance and the qualifications
required for remaining jobs. This may include consideration of relative
qualifications, experience, past and current job performance evaluations,
knowledge, abilities and skills required for the position, the employee’s ability to
perform the remaining work without further training, and other relevant factors as
determined by the City.
For a period of twelve (12) months from the date of layoff, regular employees
who were laid off will be placed on the City’s job announcement mailing list to
assist them in applying for other job vacancies for which they are qualified.
These layoff procedures are guidelines only and shall not create any right of
action in the event of deviation from the guidelines. The City retains at all times
the discretion to select which individuals it will lay off and which
employees/positions it will retain in order to best meet its short and long-term
needs.
10.5 RESIGNATION
An employee should provide two (2) weeks notice of resignation. This time limit
may be waived by the employee's department director or the City Manager.
An employee wishing to leave City service in good standing shall file with the
department director, at least two (2) weeks before leaving, a resignation letter
including the reason for the resignation and the effective date. A copy of the
resignation shall be forwarded to Human Resources. Resignations are
automatically accepted and may not be rescinded without authorization of the
City Manager.
Employees are responsible for returning all City property in their possession to
their supervisor on or before their last day worked. This includes but is not
limited to any City-issued property such as keys, credit cards, cell phones, tools,
uniforms, documents, files, records, information stored on a personal computer
or disk, office supplies, or equipment. Computerized data generated in the
course of employment is considered the property of the City.
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CHAPTER 11
COMPLAINT PROCEDURES
11.1 COMPLAINT PROCEDURES
THIS COMPLAINT PROCEDURE DOES NOT APPLY TO DISCRIMINATION,
RETALIATION OR WHISTLEBLOWER COMPLAINTS. Employees having
complaints about workplace harassment, discrimination or retaliation should
follow the anti-discrimination complaint procedure outlined in section 2.7.
Employees wishing to complain about improper governmental action or
retaliation for filing such a complaint should follow procedures outlined in section
11.2.
The City of Port Townsend recognizes that sometimes situations arise in which
employees feel they have not been treated fairly or in accordance with City
policies. For this reason the following procedures for resolving complaints are
provided:
Step 1: Employees should first try to resolve any problem or complaint with their
immediate supervisor.
Step 2: When normal communication between an employee and a supervisor is
not successful, or when an employee disagrees with the application of City
policies and procedures, the employee should attempt to resolve the problem
with the department director. The department director will respond to the
employee, in writing, after meeting with him/her.
Step 3: If the employee is not satisfied with the response from the department
director, he/she may submit the complaint, in writing, to Human Resources for
review by the City Manager. The written complaint must contain, at a minimum: a
description of the complaint, the specific policy or procedure which is believed to
be violated or misapplied, the date of the circumstances leading to the complaint
or the date when the employee first became aware of the circumstances, and the
remedy sought by the employee to resolve the complaint.
The written complaint must be submitted to the City Manager within thirty (30)
days of the occurrence leading to the complaint, or thirty (30) days after the
employee becomes aware of the circumstances, whichever date last occurs.
The City Manager may meet with the parties, either individually or together, and
will usually respond in writing to the aggrieved employee within ten (10) working
days of the meeting. A longer period for response may be required when the
situation warrants. The City Manager's response and decision shall be final and
binding.
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Certain employees may have more than one source of dispute resolution
procedure, i.e., the City's Civil Service rules, a collective bargaining agreement, if
any, and this complaint process. Employees represented by a bargaining unit or
who are covered under civil service rules must follow grievance procedures set
out in the respective labor contracts or civil service rules, where applicable.
Under no circumstances shall an employee have the right to utilize more than
one complaint or appeal procedure available to employees.
11.2 REPORTING IMPROPER GOVERNMENTAL ACTION
In compliance with the Local Government Employee Whistleblower Protection
Act, Ch. 42.41 RCW, the City of Port Townsend encourages employees to
disclose any improper governmental action taken by City officials or employees
without fear of retaliation. This policy also safeguards legitimate employer
interests by encouraging complaints to be made first to the City, with a process
provided for speedy dispute resolution.
Key Definitions:
Improper Governmental Action: any action by a municipal official or employee
that is:
1) Undertaken in the performance of the official's or employee's official
City duties, whether or not the action is within the scope of the
employee's employment, and
2) Is in violation of any federal, state or local law or rule; an abuse of
authority, of substantial and specific danger to the public health or
safety; or a gross waste of public funds.
"Improper governmental action" does not include personnel actions including
employee grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations, re-employments,
performance evaluations, reductions in pay, dismissals, suspensions, demotions,
violations of collective bargaining or civil service laws, alleged violations of labor
agreements or reprimands. In addition, employees are not free to disclose
matters which would affect a person's right to legally-protected confidential
communications, such as attorney-client privilege or executive session
communications.
Retaliatory Action: Is defined as any material adverse change in the terms and
conditions of an employee’s employment as defined in RCW 42.41.020(3), that is
substantially motivated by the employee's decision to prepare or participate in a
whistleblower complaint.
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Emergency: Is defined as a circumstance that if not immediately changed may
cause damage to persons or property.
Procedure for Reporting Improper Government Action: City employees who
become aware of improper governmental action should follow this procedure:
1) Bring the matter to the attention of his/her supervisor, if the
supervisor is not involved in the matter, in writing, stating in detail
the basis for the employee's belief that an improper action has
occurred. This should be done as soon as the employee becomes
aware of the improper action.
2) Where the employee believes the improper action involves the
supervisor, the employee may raise the issue directly with the City
Manager or City Attorney. Where the employee believes the
improper action involves the City Manager, the employee may raise
the issue directly with the City Attorney. The complaint should be in
writing, stating in detail the basis for the employee's belief that an
improper action has occurred.
3) In the case of an emergency, where the employee believes that
damage to persons' property may result if action is not taken
immediately, the employee may report the improper governmental
action directly to the appropriate government agency responsible
for investigating the improper action, or the Jefferson County
Prosecutor.
4) After an investigation is completed (usually within thirty (30) days of
the employee's report), the employee will normally be advised of
the results of the investigation; however, personnel actions taken
as a result of the investigation may be kept confidential.
Employees involved in reporting improper governmental action or participating in
the investigation may request that their identities be kept confidential. City
officials and those involved in the investigation will honor this request to the
extent possible under law, business necessity and the needs of the investigation.
Confidentiality however cannot be guaranteed.
An employee who fails to make a good faith effort to follow this policy shall not be
entitled to the protection of this policy against retaliation. “Good faith” includes a
requirement that, except in an emergency, before an employee provides
information of an improper governmental action to a person or an entity who is
not a person listed above, the employee shall submit a written report to the local
government. The employee is also charged with the responsibility to reasonably
ascertain correctness of the information furnished and may be subject to
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disciplinary action, including but not limited to termination, for knowingly
furnishing false information as determined by the appointing authority.
Employees may report information about improper governmental action directly
to an outside agency if the employee reasonably believes that an adequate
investigation was not undertaken by the City to determine whether an improper
government action occurred, or that insufficient action was taken by the City to
address the improper action or that for other reasons the improper action is likely
to recur. Whistleblower actions can be reported to the Washington State
Auditor’s Office, the Washington State Attorney General’s Office, as well as other
state and federal offices.
Protection Against Retaliation: It is unlawful for a local government to take
retaliatory action because an employee, in good faith, provided information that
improper governmental action occurred. Employees who believe they have been
retaliated against for reporting an improper governmental action should comply
with the following procedures.
Procedure for Seeking Relief Against Retaliation:
1) Employees must provide a written complaint to their supervisor, the
City Manager, or the City Attorney within thirty (30) days of the
occurrence of the alleged retaliatory action. The written charge
shall specify the alleged retaliatory action and the relief requested.
2) The supervisor, City Manager, or City Attorney shall investigate the
employee’s written complaint of retaliation. A written response to
the charge of retaliatory action and request for relief shall be
provided within thirty (30) days of receipt of the written charge,
unless additional time is needed to determine the validity of the
allegations in the complaint.
3) After receiving the City’s response, the employee may request a
hearing before a state administrative law judge to establish that a
retaliatory action occurred and obtain relief according to law. The
employee must deliver the request for hearing to the City Manager
within fifteen (15) days of receipt of the City’s response to the
retaliation charge.
4) Within five (5) working days of receipt of a request for hearing, the
City shall apply to the Office of Administrative Hearings for an
adjudicative proceeding before an administrative law judge, at the
following address:
Office of Administrative Hearings
City of Port Townsend Personnel Policies Manual Page 109
November 2011; revised July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023
PO Box 42488
Olympia, WA 98504-2488
(360) 664-8717
At the hearing, the employee must prove that retaliation occurred by a
preponderance of the evidence. The administrative law judge will issue a final
decision not later than forty-five (45) days after the date of the request for
hearing, unless an extension is granted.
Violations of the Whistleblower policy and these procedures may result in
appropriate disciplinary action, up to and including termination. The City will
consider any recommendation provided by the administrative law judge that the
retaliator be suspended, with or without pay, or terminated.
City of Port Townsend – Social Media Policy
Finalized 03/26/20
Purpose
Use of social media by the City of Port Townsend is to further enhance the City’s outreach to a broader
audience. Social media channels allow the City to publish time-sensitive information quickly as well as
inform the community about City programs, services, projects, and news. This policy establishes
guidelines for the use of social media and is intended to inform employees and the public.
The City reserves the right to remove any content from its social media sites at any time.
Communication made through the platform’s email and messaging system will in no way constitute a
legal or official notice or comment to the City or any official or employee of the City for any purpose.
All City of Port Townsend communications, including social media are public records and are subject to
public disclosure.
COVID-19 Social Media Pilot
1.In response to an immediate need for additional communication and engagement channels
posed by the COVID-19 emergency, the City has decided to deploy its first social media
channel via Facebook.
2.The City Manager is responsible for developing or approving all content and posts to ensure
consistency of message, regular frequency of posts and focus on our most immediate
communication needs during the emergency. Department Directors or staff may propose
posts or content for consideration, but additional sites or channels will be limited at this
time to this one pilot.
3.The social media pilot via Facebook will begin on 3/26/20 and will be re-evaluated on
5/26/20 for a decision to proceed and, if so, to make modifications to approach.
Use of Social Media Platforms
1.After the initial pilot period described above, use of any and all social media sites by City of
Port Townsend departments must receive prior approval from the City Manager and will be
subject to review. In order to gain approval for an additional site, departments need to
present a Social Media Action Plan which includes:
a.Overall vision for social media strategy
b.Why a specific social media page is the right fit
c.Goals and objectives
d.Target audiences
Attachment A
e. Resources and staff time needed
f. Marketing and public feedback opportunities
g. Records retention
h. Success metrics
2. The City’s official website (www.cityofpt.us & www.ptpubliclibrary.org/library) will remain
the City’s primary means of internet communication.
3. City social media sites shall clearly state that such sites are maintained by the City and that
the sites comply with the City’s social media policy.
4. City social media sites shall link back to the City’s official website for forms, documents,
online services and other information necessary to conduct City business. Social media sites
are not a mechanism for conducting official City business, rather a channel to informally
communicate with the public.
5. The City reserves the right to change, modify, or amend all or part of this policy at any time.
6. The City’s social media policy shall be displayed to users or made available by hyperlink.
7. City of Port Townsend social media sites shall include notification to site users/visitors that
the intended purpose of this site is to serve as a mechanism for communication between
the City departments and the members of public.
Content
1. All content on City social media sites shall be reviewed, approved, and administered by the
City Manager’s office.
2. City social media sites may contain content, including but not limited to, advertisements or
hyperlinks over which the City has no control. The City does not endorse any such hyperlink
or advertisement placed on City social media sites by the social media site’s owners,
vendors, or partners.
3. The content of City social media shall only pertain to City-sponsored or City-endorsed
programs, services and events. Content includes but is not limited to information, photo
graphs, videos and hyperlinks.
4. The City shall have full permission and right to any content posted by the City, including
photographs and videos.
5. Content provided on City social media sites should avoid the use of abbreviations, jargon,
acronyms or slang. Although social media sites are often more casual than other
communications tools, they still represent the City and should maintain a professional
image.
6. The following content will not be allowed on the site:
a. Comments not typically related to a particular social media thread
b. Comments in support or opposition to political campaigns or ballot measures
c. Profane language or content
d. Content that promotes, fosters, or perpetuates discrimination of any kind
e. Sexual content or links to sexual content
f. Solicitations of commerce
g. Conduct or encouragement of illegal activity
h. Personal attacks
Any content removed based on these restrictions must be retained including time and date of the
posting and identity of the poster.
Procedures/Guidelines/Content
1. Any employee authorized to post items on any of the City’s social media sites shall review,
be familiar with, and comply with the City’s social media policy, and review it regularly to
ensure compliance.
2. Each department using social media sites will be responsible for the content and up-keep of
any social media sites their department may create. To promote consistency and timeliness
of information each department shall designate one employee who may post information
and maintain the social media site.
3. Staff are encouraged to post secondary copies of information to social media sites rather
than original source content. For example, staff should post information that has already
been posted on the City’s website.
4. All City social media sites shall be set up with the approved City branding guidelines and City
logo. This includes the official City name.
5. Posting shall be made during normal business hours using City equipment. After-hours or
weekend posting shall only be made with approval of the City Manager’s office.
6. Some comments to City posts may require an answer. The answer needs to be timely and
accurate. Only staff members that are authorized to respond shall respond.
7. A social media platform like any communications resource must be updated regularly to
ensure information provided is current, accurate, and useful. If a City account is no longer
updated on a regular basis, the City Manager’s office may discontinue its use and close the
account, while ensuring all records are preserved in accordance with applicable laws and
regulations. Social media site content should be updated at least once per week.
Roles
1. The Communications Officer or the appropriate member of the City Manager’s office staff
will be responsible for the following:
a. Administer and enforce this policy.
b. Oversee and confirm decisions regarding social media sites including authorization of
sites, and requests for usage.
c. Provide oversight for account set-up to assure compliance with applicable brand
standards, and records management requirements.
d. Maintain a list of social media sites and tools which are approved for use by City
departments and staff, including log-on and password information.
e. Monitor content to ensure adherence to the policy and the interest and goals of the
City.
f. Remove prohibited content.
g. Archive content as per required records retention and compliance laws.
h. Create name, brand and image guidelines for all City social media accounts
City Council Use of Social Media
1. Participation in online discussions by City Council Members or members of City boards and
commissions could constitute a meeting under Open Public Meetings Act. In order to avoid
a violation of state law, Council Members and members of a City boards and commissions
may not participate in discussions on the City’s social media sites.
2. City Council Members, Boards and Commissions members are not permitted to create a City
individual social media account.
3. City Council Members, Boards and Commissions members should not talk about City
business on their personal non-City social media accounts.
Public Records Compliance
1. Information posted to the City’s social media sites are subject to the Public Records Act
(RCW 42.56) and records retention requirements (RCW 40.41) set by state law.
2. All comments posted by outside users on City social media sites, including those that are
inappropriate and removed by staff, must be retained. When staff removes inappropriate
content, they need to include their name and the date and time that content was removed.
3. All social media sites are subject to state law regarding the creation, storage and disposition
of public records. The Communications Officer or appropriate member of the City
Manager’s office staff will ensure that City accounts are appropriately archived, and data
preserved in accordance with applicable laws and regulations.
4. All City accounts must clearly state that content is subject to public disclosure.