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Personnel Policies Manual
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 ............................................................................... 2 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 2.4 DISABILITY DISCRIMINATION PROHIBITED .......................................... 8
2.5 LIFE-THREATENING/COMMUNICABLE DISEASES ............................... 8
2.6 ANTI-HARASSMENT ................................................................................. 8 2.7 SEXUAL HARASSMENT PROHIBITED .................................................... 9 2.8 DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE ............ 10 2.9 ANTI-RETALIATION ................................................................................ 13
2.10 EMPLOYEE PERSONNEL RECORDS ................................................... 13
2.11 EMPLOYMENT REFERENCES AND VERIFICATION OF EMPLOYMENT ................................................................................................................. 14 2.12 EMPLOYEE APPEARANCE AND BEHAVIOR ........................................ 14 2.13 EMPLOYEE ISSUES ............................................................................... 15
2.14 EMPLOYEE SAFETY, RECOGNITION, AND WELLNESS PROGRAMS;
SERVICE AWARDS ................................................................................ 15 2.15 BREASTFEEDING POLICY .................................................................... 17 CHAPTER 3 RECRUITMENT, APPLICATIONS, AND SELECTION ........................... 20 3.1 RECRUITMENT ....................................................................................... 20
3.2 NEW HIRE SELECTION .......................................................................... 21
3.3 TEMPORARY EMPLOYEES ................................................................... 24 3.4 TRIAL PERIOD ........................................................................................ 25 3.5 GENERAL PROVISIONS FOR APPOINTMENT ..................................... 26 3.6 EMPLOYMENT OF RELATIVES (NEPOTISM) ....................................... 27
3.7 PROMOTIONS ........................................................................................ 27
CHAPTER 4 HOURS AND ATTENDANCE ................................................................. 29
4.1 WORK DAYS AND WORK WEEK ........................................................... 29 4.2 HOURS OF WORK AND OVERTIME ...................................................... 29 4.3 COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES ................ 32 4.4 ALTERNATIVE REGULAR SCHEDULE .................................................. 32
4.6 ATTENDANCE ........................................................................................ 37 4.7 EMERGENCY CONDITIONS .................................................................. 38 4.8 BREAKS AND MEAL PERIODS .............................................................. 38 4.9 CALL BACK ............................................................................................. 39 4.10 PAYROLL RECORDS ............................................................................. 39
CHAPTER 5 COMPENSATION ................................................................................... 40 5.1 PURPOSE ............................................................................................... 40 5.2 COMPENSATION PHILOSOPHY ........................................................... 40 5.3 COMPENSATION GOALS ...................................................................... 40 5.4 MARKET DEFINITION ............................................................................. 41
5.5 MARKET COMPETITIVENESS ............................................................... 41 5.6 SALARY CLASSIFICATION AND GRADES ............................................ 41 5.7 JOB DESCRIPTIONS AND CLASSIFICATION ....................................... 41 5.8 PAY RATES ............................................................................................. 42 5.9 MARKET ANALYSIS; EMPLOYEE BENEFITS AND RECOGNITION
COMMITTEE ........................................................................................... 44 5.10 PAYDAYS ................................................................................................ 46 5.11 DEDUCTIONS ......................................................................................... 46 5.12 REPORTING COMPENSATION ISSUES ............................................... 46 5.13 TRAVEL EXPENSE REIMBURSEMENT ................................................. 47
5.14 COMPENSATION FOR TRAVEL TIME ................................................... 49 5.15 COMPENSATION UPON SEPARATION ................................................ 50 CHAPTER 6 PERFORMANCE ASSESSMENTS AND TRAINING .............................. 51 6.1 PERFORMANCE ASSESSMENTS ......................................................... 51 6.2 TRAINING ................................................................................................ 52
6.3 TUITION REIMBURSEMENT .................................................................. 52 6.4 EMPLOYEE TRAINING AND TUITION OBLIGATIONS .......................... 53 CHAPTER 7 BENEFITS ............................................................................................... 54 7.1 RETIREMENT BENEFITS ....................................................................... 54 7.2 DISABILITY BENEFITS AND WORKERS’ COMPENSATION ................ 54
7.3 RETURN TO WORK – LIMITED DUTY ASSIGNMENTS ........................ 55 7.4 INSURANCE BENEFITS ......................................................................... 58 7.5 CONTINUATION OF INSURANCE COVERAGE .................................... 59 7.6 UNEMPLOYMENT COMPENSATION ..................................................... 59
7.7 EMPLOYEE ASSISTANCE PROGRAM .................................................. 59
7.8 FLEXIBLE SPENDING ACCOUNTS ....................................................... 60 CHAPTER 8 LEAVES .................................................................................................. 62
8.1 VACATION LEAVE .................................................................................. 62 8.2 SICK LEAVE ............................................................................................ 64 8.3 BEREAVEMENT LEAVE ......................................................................... 67 8.4 LEAVE OF ABSENCE WITHOUT PAY ................................................... 67
8.5 JURY AND WITNESS DUTY LEAVE ...................................................... 69 8.6 ADMINISTRATIVE LEAVE ...................................................................... 69 8.7 MILITARY LEAVE .................................................................................... 69 8.8 FAMILY LEAVE (FEDERAL) ................................................................... 71 8.9 WASHINGTON STATE PAID FAMILY AND MEDICAL LEAVE .............. 75
8.10 DOMESTIC VIOLENCE LEAVE .............................................................. 77 8.11 HOLIDAYS ............................................................................................... 79 8.12 RELIGIOUS HOLIDAYS .......................................................................... 80 8.13 PROFESSIONAL LEAVE ........................................................................ 81 CHAPTER 9 EMPLOYEE RESPONSIBILITIES ........................................................... 83
9.1 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST ................ 83 9.2 ANTI-DISRUPTION POLICY ................................................................... 83 9.3 POLITICAL ACTIVITIES .......................................................................... 84 9.4 NO SMOKING POLICY ........................................................................... 85 9.5 NO USE OF OTHER TOBACCO OR TOBACCO-LIKE PRODUCTS ...... 86
9.6 CITY PROPERTY/ PERSONAL POSSESSIONS / PRIVACY LIMITATIONS ................................................................................................................. 86 9.7 ELECTRONIC MEDIA POLICY ............................................................... 87 9.8 SOCIAL MEDIA POLICY. ........................................................................ 93 9.10 USE OF PERSONAL COMPUTER OR COMMUNICATION DEVICES
FOR CITY BUSINESS: ............................................................................ 93 9.11 AUTOMOBILE USAGE ........................................................................... 93 9.12 DRIVER'S LICENSE REQUIREMENTS .................................................. 96 9.13 ACCIDENT PREVENTION AND SAFETY ............................................... 96 9.14 SAFE WORKPLACE................................................................................ 98
9.15 FIREARMS AND DANGEROUS WEAPONS .......................................... 99 9.16 SUBSTANCE ABUSE ............................................................................ 101 9.17 NOTICES TO EMPLOYEES .................................................................. 104 9.18 CONTACT WITH THE NEWS MEDIA; LOBBYING EFFORTS ............. 105 105
9.19 SOLICITATIONS ................................................................................... 105 9.20 LEGAL LIABILITY .................................................................................. 106
CHAPTER 10 DISCIPLINE AND TERMINATIONS .................................................... 107 10.1 ACTIONS SUBJECT TO DISCIPLINARY ACTION ................................ 107
10.2 POSSIBLE DISCIPLINARY ACTIONS .................................................. 110
10.3 PRE-DISCIPLINARY HEARING ............................................................ 110 10.4 LAYOFF AND TERMINATION ............................................................... 111 10.5 RESIGNATION ...................................................................................... 112 CHAPTER 11 COMPLAINT PROCEDURES ............................................................. 113
11.1 COMPLAINT PROCEDURES ................................................................ 113
11.2 REPORTING IMPROPER GOVERNMENTAL ACTION ........................ 114
City of Port Townsend Personnel Policies Manual Page 1 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 manager 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, 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. City employees are expected to follow all policies established by the City (such as purchasing policies, password policies, or public records policies) even if not
contained within or attached to this Personnel Policies Manual, and failure to do so may result in disciplinary action. 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 manager, 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 that 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.
City of Port Townsend Personnel Policies Manual Page 2 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 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, supplement, clarify, or rescind these policies, except for policies that are inconsistent with the City’s adopted budget, which may only be modified by the City Council. The City Manager may 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 person(s) delegated to by such appointing authority to perform duties that may be legally 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 real property that is owned or leased by the City. This includes buildings and parking lots owned or leased by the City. Except as otherwise provided , this term does not include City parks, City parking lots open to the public, sidewalks, rights-of-way, or streets.
Class/Classification: Systematic arrangement of job titles into categories according to positions sharing similar job functions and/or responsibilities.
City of Port Townsend Personnel Policies Manual Page 3 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
COBRA Rights: Federal law that permits employees who are separating 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: An employee exempted from the bargaining unit because of confidential duties as described in RCW 41.80.005(4).
Days: References to “days” in these policies shall mean calendar days unless
otherwise stated. Department Director: An employee responsible for directing one or more City departments.
Domestic Partner: Individual who meets the current domestic partner criteria for the employee’s insurance coverage whether or not the domestic partner is enrolled in the employee’s insurance plan. State registered domestic partnerships under RCW 26.60.030 are also included in this definition consistent with RCW 49.46.210.
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 and other resources. 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. 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 2.6), but is not limited to harassment based upon a legally protected status (see, for example, Section 10.1(21). Immediate Family: Includes the following: spouse, 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 regularly resides in the
City of Port Townsend Personnel Policies Manual Page 4 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
employee's home and for whom there is an expectation of care by the employee. An individual is considered a relative whether related by blood, marriage, or adoption.
Limited-hour Regular Part-time Employee: An employee hired into a budgeted, authorized position, who has successfully completed a trial period as defined in these policies and who regularly works less than twenty (20) hours a week on a regular year-round schedule, unless provided otherwise in a bargaining
agreement. 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 that 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.
People and Performance: People and Performance as used in this Manual means a member of the People and Performance Department (formerly Human Resources or HR), including the Director of People and Performance and any other staff assigned to the department.
Prorated 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. Regular Employee: Regular Employee means a Regular Full-Time Employee or
a Regular Part-Time Employee. Regular Full-Time Employee: An employee hired into a budgeted, authorized position, who 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 into 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.
City of Port Townsend Personnel Policies Manual Page 5 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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.
Substitute: A part-time employee who regularly averages less than 20 work hours per week and does not have a set schedule. Substitutes work year-round on an on-call basis, do not include temporary or seasonal employees, and are paid a flat rate.
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.
Term-limited Employee: A fulltime, exempt employee who is hired for a set period of time (generally one to two years) to work on a specific project. 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 that 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 9.14 for further definitions.
City of Port Townsend Personnel Policies Manual Page 6 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 that 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 toward the public and fellow employees; adherence to City policies, procedures,
safety rules, and safe work practices; compliance with directions from managers;
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 has worsened. 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
employment relationship. For represented employees, the City will adhere to procedures set forth in the applicable labor agreement.
City of Port Townsend Personnel Policies Manual Page 7 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Some examples of conduct that may lead to discipline, up to and including termination include insubordination; unauthorized release of City, customer, or coworker 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 coworkers 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 or member of the
public; 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 workforce 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 DIVERSITY, EQUITY, AND INCLUSION The City of Port Townsend is committed to and accountable for advancing diversity, equity, and inclusion in all its forms. We embrace individual uniqueness
and foster a culture of inclusion that supports both broad and specific diversity. We value inclusion as a core strength and an essential element of our public service mission. The City of Port Townsend commits to:
• Attracting and welcoming residents and visitors from diverse backgrounds.
• Seeking out and eliminating institutional and unconscious bias in our municipal code and City plans while supporting state and federal nondiscrimination laws regarding daily life in our community.
• Fostering and maintaining a safe environment of respect and inclusion for all residents, employees, and visitors to our community.
• Providing creative programs and environments that reflect the diversity of our community and elevate cultural awareness.
• Ensuring fair and inclusive access to our facilities, programs, resources, and services.
City of Port Townsend Personnel Policies Manual Page 8 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
• Ensuring that all our plans, policies, and practices are inclusive and equitable for all our residents and visitors in our delivery of services.
• Attracting, retaining, and developing talented employees and staff from diverse backgrounds and underrepresented communities, and fostering a culture that allows employees to bring their best, unique selves to the City.
• Ensuring equal access to justice and fair treatment for all residents and
visitors.
• Partnering with tribal, local, state, and federal governments and nongovernmental organizations to ensure equitable access to programs,
resources, and services.
2.4 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’s People and Performance Department to initiate a mutual discussion of the employee’s and
City’s needs. 2.5 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 maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves, their coworkers, or the public. The City will work to preserve the safety of all 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. 2.6 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 coworker 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 2.6 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,
City of Port Townsend Personnel Policies Manual Page 9 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
for example, Section 10.1(21), which prohibits harassment, intimidation, coercion, or 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 their 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
• 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 coworker experience or witness potential harassment.
2.7 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 employee or member 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 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
City of Port Townsend Personnel Policies Manual Page 10 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 that is personally offensive, interfering with an employee’s 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, squeezes, repeated brushing against someone’s body, touching, or 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 decision to recommend hiring or firing;
• 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 Discrimination/Harassment Complaint Procedure below for guidance on what to do if you or a coworker experience sexual harassment.) 2.8 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 coworkers 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
City of Port Townsend Personnel Policies Manual Page 11 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 coworkers, 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 they are experiencing
harassment or discrimination in the workplace or are 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 manager within the department, department director, Director of People and Performance, City
Attorney, or the City Manager. Where possible, this should include the specific allegation, date of the occurrence, the individuals involved, and the names of any witnesses. A non-involved manager is defined as the first manager 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 manager and the behavior involves the department director or the Director of People and Performance, 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 2.9. Any employee involved in reporting a concern or who participates in an investigation may request that their 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 manager or department director is to follow: Managers who
are aware of situations involving discrimination or harassment must respond to such situations regardless of whether a complaint is received. Managers who receive complaints or become aware of such incidents must: 1) Promptly notify the appropriate department director and the Director of
People and Performance of the allegations, including all information known to or received by the manager.
City of Port Townsend Personnel Policies Manual Page 12 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
2) Work with the department director, the Director of People and Performance and the City Manager to take prompt action to ensure the behavior is not repeated.
Managers shall be required to take the above steps and may be disciplined if they do not. In the event the situation or complaint involves the department director, Director of People and Performance, and/or City Manager, the manager should report the incident to the City Attorney. If the situation or complaint involves the
foregoing individuals, report the situation or complaint to a non-involved
department director. Department directors who are aware of situations involving discrimination or harassment must respond to such situations regardless of whether a complaint is
received. Department directors who receive complaints or become aware of such incidents must promptly notify the City Manager and Director of People and Performance. In the event the situation or complaint involves the Director of People and Performance or City Manager, the employee should report the incident to the City Attorney.
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, Director of People and Performance, or City Attorney will assign or direct an investigation into the concerns, which may include an outside investigator. 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 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, from 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.
City of Port Townsend Personnel Policies Manual Page 13 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Responsibility for Implementation: The People and Performance Department 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 directors, 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. Managers 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 manager’s
failure to carry out these responsibilities may result in disciplinary action up to and including termination. 2.9 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 anti-retaliation policy at all times.
Employees are encouraged to take all action(s) 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, employees should promptly report such conduct in the same manner as outlined in Section 2.8. 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 affected employee if further problems arise. Employees are encouraged to utilize the procedures in Section 2.8 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. 2.10 EMPLOYEE PERSONNEL RECORDS A personnel file is maintained for each employee in a secured manner by the
People and Performance Department under the supervision of the Director of People and Performance. An employee's personnel file contains work-related information such as the employee's name, title and/or position held, job description, department to which the employee is assigned, job application records, changes in employment status, performance assessments, non-active or
closed discipline records, leave and accommodation records, employment agreements, and other pertinent information. Medical information about employees is contained in a separate confidential file.
City of Port Townsend Personnel Policies Manual Page 14 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Pay and benefits-related information for each employee is maintained by the Finance Department. Employees are required to keep personal information up to
date by notifying the Payroll and Benefits Administrator of changes in name,
address, or telephone number, as well as changes in marital status or dependents, if relevant to insurance plans or income tax withholding. Employees have the right to review their own personnel files. An employee may
request, through the Director of People and Performance, removal from their
personnel file of information the employee believes to be irrelevant or erroneous. If the Director of People and Performance denies an employee's request to remove information, the employee may file a written rebuttal statement to be placed in their 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 manager or department director, People and Performance staff, 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.
2.11 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 the People and Performance Department. References will be factual in nature and job related. All written references need to be filed with the People and Performance Department. Verification of Employment: The Payroll and Benefits Administrator may respond to requests from persons or entities seeking confirmation/verification of employment (including compensation, dates of employment, and position title.) 2.12 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
City of Port Townsend Personnel Policies Manual Page 15 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 that 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 uniforms in good condition and must 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.
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 that is courteous, efficient, and helpful. Employees are also expected to use appropriate language for a professional workplace. Profanity and other potentially offensive behaviors are prohibited.
2.13 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 manager 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 Director of People and Performance. If the issue remains unresolved, it may be brought to the City Manager for their 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. 2.14 EMPLOYEE SAFETY, RECOGNITION, AND WELLNESS PROGRAMS; SERVICE AWARDS The City Manager is authorized to administer the following programs and to establish other employee programs. The City Manager may curtail or terminate
City of Port Townsend Personnel Policies Manual Page 16 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
these programs at their sole discretion. These programs and awards are not an employee entitlement.
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 and 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. This could include Employee of the Quarter and/or years of service awards (subsection E below).
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. C. 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 wellbeing 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. An 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. D. 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 and
City of Port Townsend Personnel Policies Manual Page 17 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
pre-approved by the department director. Requests exceeding $100.00 require pre-approval of the City Manager.
E. Employee Service Awards
The City of Port Townsend values the dedication and contributions of its employees. To celebrate continued service to the City and the community, the City presents employee service awards to eligible employees according to the
guidelines below. All regular full-time and regular part-time employees are eligible
to receive a service award upon completion of each designated service milestone. Service awards are presented upon completion of the following years of continuous service with the City: 1, 5, 10, 15, 20, 25, 30, 35, and 40 years.
Service Award Structure:
Service Year Award
1 year City-logo item (valued at $15-20) 5 years $50
10 years $100
15 years $150
20 years $200
25 years $250
30 years $300
35 years $350 40 years $400
The People and Performance Department is responsible for identifying employees who have reached a service milestone and notifying management and coordinating appropriate announcements. Additionally, the People and Performance Department will notify the Payroll and Benefits Administrator of the
applicable award amount to ensure it is processed in the employee’s earnings for
the month in which the service milestone occurs. The one-year award consists of a City-branded item and is not a cash award. The IRS classifies cash awards as taxable income; therefore, the Payroll and Benefits Administrator will withhold applicable taxes in accordance with federal and state regulations.
This service award program will be reviewed periodically by the People and Performance Department to ensure continued alignment with City goals, fiscal responsibility, and service award practices. The City reserves the right to modify or terminate this program at any time and for any reason, without notice, including,
but not limited to, the non-appropriation of funds.
2.15 BREASTFEEDING POLICY For two years 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.
City of Port Townsend Personnel Policies Manual Page 18 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 coworkers 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. 2.16 PET POLICY
The City of Port Townsend is responsible for ensuring the health and safety of all employees. In keeping with this objective, the City has formulated a policy balancing these concerns with the desire to promote a positive employment experience by allowing appropriate pets to visit City facilities on limited occasions
and for limited durations (e.g., before/after an appointment, before/after an unexpected event, something unexpected at home, in honor of a special national day – such as national pet day etc.). For the purpose of this Pet Policy, “pet” or “animal” means a dog or cat.
The privilege of bringing a pet to work is secondary to the health, safety, and comfort of persons who may encounter animals at City facilities. An animal may be excluded from the owner’s worksite if it:
• causes any person to experience allergic reactions, fear, or any other
physical or psychological discomfort;
• distracts any employee from their work; or,
• reduces any employee’s productivity or quality of work.
Any individual with a grievance regarding an animal at the owner’s worksite should bring the matter to the attention of the owner’s manager.
In addition, the following animals may not be brought to the workplace:
• animals with fleas or any disease that is communicable to other animals or
to humans;
• animals that have not been properly vaccinated or that have internal or
external parasites;
• dogs that bark or animals that behave aggressively; or,
• animals that foul the inside or outside of the building.
Requirements:
• A current (renew annually) veterinary record proving wellness, heartworm
prevention, parasite control and vaccine compliance must be provided to
HR prior to visitation;
• Pet must be potty-trained, house broken, or litter-box trained;
• Pet must have no history of aggressive behavior or biting and be well
socialized to people and other animals; and
• Pet must be controllable and restrained while on City property or when
conducting City business off premises.
City of Port Townsend Personnel Policies Manual Page 19 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Pets must be accompanied by the employee owner at all times. Pets must not be allowed to wander unattended, inside or outside. If pets are left alone in
employee work areas, they must be restrained by baby gates, carriers, and/or
crates. Owners are expected to clean up, completely and immediately, after their animals. Pets are not allowed in City vehicles.
An employee who brings an animal to the office or City facility is completely and solely liable for any injuries or any damage to personal property caused by the animal. Any repair or cleaning/maintenance costs incurred by an animal will be charged in full to the owner.
The City may, at its discretion, require the animal owner to maintain a liability insurance policy covering damage or injuries caused by the animal while at the owner’s worksite. The City may specify minimum coverage amounts under such a policy and may require the owner to pay for such coverage.
The City shall not be liable for loss of, or injury to, any animal brought to any City worksite. A release form for each dog must be completed by the employee, signed by the
employee’s manager and director, and submitted to the People and Performance Department, along with the supporting current veterinary record, at least five (5) business days prior to beginning visitation. A release form may be obtained from the People and Performance Department.
An employee who requires the help of a service animal (defined by 28 CFR § 36.104 as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability") will be permitted to bring a service animal to the office, provided that the animal’s presence does not create a danger to others and does not impose an undue hardship upon the City.
City of Port Townsend Personnel Policies Manual Page 20 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 that 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 that are not in response to an open position will not be retained on file. Applications must be received by the People and Performance Department consistent with the
published solicitation. A closing date may be extended by the People and Performance Department. 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 their address or phone number is responsible for notifying People and Performance staff of the change. At the discretion of the
People and Performance Department, 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 their 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 their application is subject to disciplinary action, up to and including termination.
City of Port Townsend Personnel Policies Manual Page 21 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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. The People and Performance Department 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 six 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 confirmation 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: The People and Performance Department may arrange for or conduct a background investigation including contact of references, prior and present employers, and a review of the applicant’s listed professional certifications,
education, and work history. Criminal Background Checks: Offers of employment generally are contingent
City of Port Townsend Personnel Policies Manual Page 22 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
upon the results of a criminal background check. Criminal background checks will be conducted after an employment offer is accepted 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 (for example, police department employees) must meet any applicable special security clearance requirement(s) specified for those jobs. 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 People and Performance 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, the People and Performance Department 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 their physical and/or mental condition will not endanger the health, safety, or wellbeing of other employees or the public. The offer of employment may be conditioned on the results of the
City of Port Townsend Personnel Policies Manual Page 23 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
examination. Furthermore, an employee, during their period 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
they is employed or re-employed, with or without a reasonable accommodation.
CDL: Those applicants being considered for positions that 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 random selection drug and alcohol screening program. An applicant who tests positive on a pre-employment test will not be hired but may be eligible to reapply for employment with the City 12 months from the date of the positive test. In addition, an applicant who tests positive on any USDOT-mandated
preemployment drug test must provide documentation of their successful completion of return-to-duty requirements (i.e., an evaluation by a Substance Abuse Professional, education and/or treatment, and a negative pre-employment test, all of which meet the requirements of 49 CFR Part 40). Disqualification: A candidate may be disqualified from consideration if the candidate: 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;
City of Port Townsend Personnel Policies Manual Page 24 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
9) Has taken part in the compilation and administration of the selection process for which they are 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.
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 to 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 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 their 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 this Personnel Policies Manual. Temporary employees
City of Port Townsend Personnel Policies Manual Page 25 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
are paid on an hourly basis and are eligible to receive workers’ 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.
Managers 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.
The Director of Finance and Technology Services and the Director of People and
Performance may advise on 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 that 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 manager 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 a former employee is willing to return to employment within two years of their date of separation, 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: People and Performance staff are available to provide assistance with rehiring retirees.
Term-limited employees are not considered temporary employees.
3.4 TRIAL PERIOD
Upon hire, appointment, transfer, or promotion, non-represented employees enter a six-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
City of Port Townsend Personnel Policies Manual Page 26 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
job and the manager 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 six months. If extended, “trial period” means the initial six-month trial period and any extension. An extension may be 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 the employee to their former position, if available. All employees who are promoted, transferred, or demoted from their current
position 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.
In the event the promoted 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. 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 the People and Performance Department with ample time to complete the selection process. The appointing authority shall appoint only from among those persons who are confirmed by the People and Performance
Department as being eligible for the particular classification or position.
City of Port Townsend Personnel Policies Manual Page 27 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 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;
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
City of Port Townsend Personnel Policies Manual Page 28 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
may be posted on the City bulletin board, website, and/or emailed to City employees.
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.
City of Port Townsend Personnel Policies Manual Page 29 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
CHAPTER 4 HOURS AND ATTENDANCE
4.1 WORK DAYS AND WORK WEEK
The standard work days for most employees are Monday through Friday, with a
one-hour or half-hour unpaid meal period. The City follows the WA State
Department of Labor & Industries’ standards for meal periods. For most City employees, the designated work week is forty (40) hours within a seven (7) day work period, from 12:01 a.m. Sunday to midnight the following Saturday. 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 manager or the People and Performance Department if they have questions about their designated work week. 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 their 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 (WMWA) regulations. Each employee’s status may be obtained from the
People and Performance Department. Positions identified as “exempt” under the FLSA and WMWA are not entitled to overtime.
City of Port Townsend Personnel Policies Manual Page 30 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Recording time by non-exempt employees: Non-exempt employees must personally record the number of regular and overtime hours they work daily and submit the timesheet twice a month in accordance with a schedule from the Payroll
and 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.). Accrued leave may only be used when an employee does not work their regularly scheduled number of hours in a day (for example, an 8/5 employee who comes in late for a medical appointment but stays late to work a full eight-hour
shift should not report sick leave on their timecard for that day – an employee
cannot use accrued leave to earn overtime or compensatory time in that instance). Employees are required to report all their time worked to the nearest quarter of an hour in accordance with Washington State L&I rules. An employee’s signature on their time sheet, or the submission of hours on an electronic timesheet, constitutes
their 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 that 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, workload 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 on 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 manager/department director, show demonstrated
accomplishments, and make themselves regularly available during working hours to allow City business to be accomplished. FLSA-exempt employees need not use leave banks and are not subject to salary reduction for an occasional partial day off of 3 hours and 59 minutes or less. A full
day off, or a partial day off of more than 3 hours and 59 minutes requires the use of eligible leave balances. An employee (not including department directors) requires their manager’s or department director’s approval for partial days off of more than 4 hours.
City of Port Townsend Personnel Policies Manual Page 31 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Department directors should set standards and reporting requirements, which may include reporting of partial days off of 3 hours and 59 minutes or less, 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 their leave bank and need not obtain department director approval (absent less than 4 hours) but must conform to department standards and reporting requirements.
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 director approval (absent more 4 hours or more) and would require use of leave balance for 5 hours (gone more than 3 hours and 59 minutes in a regular work day).
If an exempt employee has an absence of more than 3 hours and 59 minutes 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 their leave banks, the employee’s salary will be reduced for partial day absences of 4 hours or more. An employee’s signature on their time sheet, or the submission of hours on an electronic timesheet, constitutes their 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 FLSA. 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 their 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
City of Port Townsend Personnel Policies Manual Page 32 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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.
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 as mutually agreed to by the employee and their manager. 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 Director of Finance and Technology Services 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
City of Port Townsend Personnel Policies Manual Page 33 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
or vacation leave, the time charged will be equivalent to the full number of 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 (or prorated if part-time) 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 (or prorated amount if part-time) 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 for work days of
less than 11 hours. For work days of 11 hours or more, employees are required to take at least 1 hour of unpaid meal break 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 TELECOMMUTING
The City of Port Townsend considers remote work to be a viable work option when both the employee and the job are suited for such an arrangement. Remote work may be appropriate and approved for some employees or job situations but not for others. When appropriately applied, telecommuting may allow a more effective use of workspace, improve productivity for certain jobs/employees, and aid in reducing
stress on employees in a variety of ways, including a reduction in commuting trips to and from work. This policy does not replace nor supersede employee rights in American Disabilities Act (ADA) or Family Medical Leave Act (FMLA)-related circumstances
or other federal and state laws. This policy is in addition to any telework arrangements as part of the City’s response to a proclamation of emergency or disaster due to a pandemic. The City may request or direct an employee to telecommute for reasons
including, but not limited to, emergency conditions and workspace constraints. When possible, the City will seek for the telecommuting arrangement to be by mutual agreement. In this case, no special action is required by the employee.
City of Port Townsend Personnel Policies Manual Page 34 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Remote work is not a City-wide benefit and in no way changes the terms and conditions of employment with the City of Port Townsend.
Eligibility: Telecommuting can be informal, such as working from home for a short-term project or on the road during business travel, or a formal set schedule of working away from the office as described below. Either an employee or a manager can suggest telecommuting as a possible work arrangement.
Before entering into any telecommuting agreement, the employee and manager, with the assistance of the People and Performance Department, will evaluate the suitability of such an arrangement, reviewing the following areas:
• Job responsibilities. The employee and manager will discuss the job responsibilities and determine if the job is appropriate for a telecommuting arrangement.
• Equipment needs, workspace design considerations, and scheduling
issues. The employee and manager will review the physical workspace
needs and the appropriate location for the telework. To be eligible, an employee must:
• Have job duties that are not required to be performed at City’s facilities.
• Not have been subject to a Performance Improvement Plan, employment investigation that resulted in disciplinary action, or any other disciplinary action involving a written reprimand or greater, either currently or in the
previous nine (9)-month period prior to the telecommuting request. Any telecommuting arrangement made will be on a trial basis for the first three months and may be discontinued at will and at any time at the request of either the telecommuter or the City. Every effort will be made to provide 15 days' notice of
such change to accommodate commuting and other issues that may arise from the termination of a telecommuting arrangement. There may be instances, however, when no notice is possible. Process: Any employee requesting to work remotely on an ongoing basis will need
to complete a telecommuting request form. It is strongly recommended that the employee confer with their manager before proceeding with a telecommuting request, so the appropriate criteria may be established and provided as part of the formal request. The requesting employee’s manager will aim to respond to the employee’s request to telecommute withing five (5) working days of the request by
either advancing the request to the next level or discussing with the employee the reasons why the request is not approved. If the employee and manager agree, and the People and Performance Department concurs, a draft telecommuting agreement will be prepared and signed by all parties, and a three-month trial period will commence. If an employee has previously demonstrated their ability to
effectively work from home, the three-month probation period can and should be waived productively and effectively.
City of Port Townsend Personnel Policies Manual Page 35 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
When telecommuting is requested by the employee, the City will consider the request utilizing the following criteria and factors:
• The needs of the position, department, and the City;
• The employee’s past and present levels of performance, including dependability, self-initiative, self-sufficiency, and the ability to work
unsupervised;
• Whether the employee’s department will be adequately staffed to meet minimum customer service demands;
• Whether the employee can participate (even through remote means) in
necessary meetings and communications, including email, during regular City hours; and
• Whether the performance of the employee’s duties is dependent upon the
location of their workplace.
The City Manager or designee reserves and retains the discretion to waive or modify eligibility criteria and factors depending on individual circumstances.
Expectations: The telecommuting work schedule will be determined between the
employee and manager. In general, the regular schedule will include a minimum of two days per week working at the City onsite work location. Requirements for in-person attendance and/or events or any emergent business needs can override telecommuting schedules at the manager’s direction.
In addition, telecommuters are expected to:
• Give extra attention to reasonable accessibility. Regular check-ins could be determined in coordination with manager;
• Provide satisfactory and timely work products;
• Accurately report time;
• Maintain a safe and comfortable telecommute workspace, including
provision of reliable network access; and
• Take breaks and meal periods as authorized.
An appropriate level of communication between the telecommuter and manager
will be agreed to as part of the discussion process and might be more formal during the trial period. After conclusion of the trial period, the manager and telecommuter will communicate at a level consistent with employees working at the office or in a manner and frequency that is appropriate for the job and the individuals involved.
Equipment: The City will not be responsible for costs associated with the setup of a remote office, such as remodeling, furniture, lighting, repairs, or modifications. Employees are to use City-issued devices for remote work; in the event of equipment failure or service interruption, the employees must notify their manager
immediately to discuss alternate assignments or other options.
City of Port Townsend Personnel Policies Manual Page 36 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
On a case-by-case basis, the City will determine, with information supplied by the employee and the manager, the appropriate equipment needs (including hardware, software, modems, phone and data lines and other office equipment)
for each telecommuting arrangement. Equipment supplied by the City will be
maintained by the City. The City accepts no responsibility for damage or repairs to employee-owned equipment. Equipment supplied by the City is to be used for business purposes only. Upon termination of employment, all City property will be returned to the City, unless other arrangements have been made.
The City will supply the employee with appropriate office supplies (pens, paper, etc.) as deemed necessary. Security: Remote work employees are expected to ensure the protection of
property and records consistent with the City’s expectations of information security for employees working at the office. Such safeguards include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment. Employees must immediately notify their manager if they suspect a breach in physical or informational security.
Safety: Employees are expected to maintain their remote workspace in a safe manner, free from safety hazards. Telecommuters injured during the course and scope of performing their official duties during the agreed-upon work hours are covered under the state's workers' compensation laws. Telecommuters are
required to notify their manager immediately and complete the necessary forms if injured while telecommuting. The employee is liable for any injuries sustained by visitors to their home worksite. Time worked: Telecommuting employees will be required to accurately record all
hours worked. For non-exempt employees, hours worked more than those scheduled per day and per workweek require the advance approval of the telecommuter’s manager. Failure to comply with this requirement may result in the immediate termination of the telecommuting agreement. Ad hoc telecommuting: Temporary telecommuting arrangements may be approved for circumstances such as inclement weather, special projects, or business travel. These arrangements are approved on an as-needed basis only, with no expectation of ongoing continuance.
Other informal, short-term arrangements may be made for employees on family or medical leave to the extent practical for the employee and the City and with the consent of the employee’s health care provider, if appropriate. All informal telecommuting arrangements are made on a case-by-case basis,
focusing first on the business needs of the City.
City of Port Townsend Personnel Policies Manual Page 37 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
4.6 ATTENDANCE Punctual and consistent 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 their attendance. Employees unable to work or unable to report for work on time are to notify their
manager 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 manager 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 manager or the People and Performance Department. If the manager is unavailable, the employee may leave a message with the department director or their 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.
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 their job and will be viewed as
voluntarily resigning their employment and will be terminated. Exigent circumstances (e.g., incarceration or 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 their manager or department director and to contact the People and Performance Department to discuss reasonable
accommodations, such as a leave or temporary change in work schedule, which may enable the employee to perform the essential functions of their 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.
City of Port Townsend Personnel Policies Manual Page 38 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
4.7 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 that prevent City employees from reporting to work due to an emergency or extreme weather conditions, it will be the employee's responsibility
to contact their manager 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. Managers may approve telecommuting work for employees who cannot travel safely to work and are able to work remotely.
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
their manager, 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 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 a force majeure. Any regular full-time or regular part-time employee who does not work their regularly scheduled hours due to such closure will be compensated for their regular shift without any overtime or premium pay, unless the employee is required to work remotely by their manager. Employees are subject to call-back during disasters and other emergencies. See Section 4.9 below.
4.8 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
City of Port Townsend Personnel Policies Manual Page 39 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
intermittent rest periods equivalent to fifteen minutes every four hours 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 manager. 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 manager. In the rare instances when an employee works through their meal period, the employee is paid for the meal period. 4.9 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 compensated at their appropriate rate of pay for hours worked,
including overtime if applicable. Represented employees should refer to the applicable collective bargaining agreement for call-back compensation terms. 4.10 PAYROLL RECORDS
The official payroll records are kept by the Finance Department. Each employee shall turn in to his or her manager twice a month (in accordance with a process and schedule from the Payroll and 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 their
work record constitutes their 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 that all time has been recorded accurately. All employee time must be reviewed and approved by the manager. The City Manager or their designee shall approve work records for department directors.
City of Port Townsend Personnel Policies Manual Page 40 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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.
5.3 COMPENSATION GOALS The City’s 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 market; E. To be fiscally responsible; F. To be legally defensible.
City of Port Townsend Personnel Policies Manual Page 41 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 certifications, additional responsibility, and any other factors considered relevant by the City Manager.
5.7 JOB DESCRIPTIONS AND CLASSIFICATION Job descriptions are the official description of the representative duties, responsibilities, and supervisory relationships of a classification. The job
City of Port Townsend Personnel Policies Manual Page 42 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
description sets forth the following information for each position: title; summary of nature of work; essential duties and responsibilities; minimum requirements; and qualifications, including the 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. The People and Performance Department 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. When a new position is created and consistent with the approved budget, the City Manager shall classify the position into the City’s approved salary schedule. The
Director of People and Performance, in consultation with the department director, shall make a recommendation to the City Manager on the classification of the position within the City’s approved salary schedule that shall be based on the position’s duties and required skills, abilities, and experience. The position classification and pay range shall be included in the following budget year’s
position classification and pay range matrix, subject to modification by the City Council during the annual budget process. 5.8 PAY RATES Initial employment: Employees shall be paid within the limits of the pay range to which their position is 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 transferred from a represented to a non-represented position, the anniversary date for the purpose 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
City of Port Townsend Personnel Policies Manual Page 43 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 (PIP) or a
disciplinary action has been issued (written warning or a suspension), 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.
Promotion: 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. Promotions are typically competed for by employees. 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 the People and Performance Department with the ultimate determination to be made by the City Manager, depending on budget and internal equity factors.
Lateral Transfer: Any employee who transfers to a position in the same pay range or grade as their prior position will remain at the same step and pay rate.
Transition to Former Position: When an employee transitions to a former position following a temporary assignment, promotion, or transfer, the employee
City of Port Townsend Personnel Policies Manual Page 44 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
will usually return to the salary step held prior to the temporary assignment, promotion, or transfer.
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.
Position Adjustment: Department directors may address the possible pay range adjustment of positions by making a request to the Director of People and Performance, who will review the request and make a recommendation to the City
Manager. When the City Council has delegated authority to the City Manager to make pay range adjustments within the approved budget, the City Manager may approve or deny a request for a position adjustment to a pay range within two classifications/grades above or below the current pay range of that position, consistent with internal equity and the approved budget. The City Manager’s
decision is final and not subject to review or appeal. When a position being adjusted is currently filled, the incumbent will be placed in the step closest to their pre-adjustment pay rate without a reduction in pay. Placing an employee within a new range may result in being placed at a lower step number within the position’s range but not reflect a lower salary or hourly rate.
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 the Payroll and Benefits Administrator before
a pay increase will take effect.
5.9 MARKET ANALYSIS; EMPLOYEE BENEFITS AND RECOGNITION COMMITTEE The People and Performance Department will conduct a market analysis of
positions during the collective bargaining process, as needed for represented employees.
City of Port Townsend Personnel Policies Manual Page 45 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
The People and Performance Department will endeavor to conduct compensation surveys for non-represented positions every three years. The People and Performance 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 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 help an employee 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 in 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 are not on a formal Performance
Improvement Plan or subject to a disciplinary action that has been issued (written warning or a suspension) until they reach the top step of the range.
City of Port Townsend Personnel Policies Manual Page 46 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 their
manager 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 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 their direct manager and
the Payroll and Benefits Administrator. 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
City of Port Townsend Personnel Policies Manual Page 47 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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,
• 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.
City of Port Townsend Personnel Policies Manual Page 48 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
A specific provision in these policies governs over any conflicting provision in the OFM Manual.
Managers must approve any employee business travel in advance. Employees should provide their manager with a copy of their itinerary before leaving on business travel.
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 manager 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 meals) and transportation expenses of their spouse, 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 Department for information). Work
time applies whether the employee is driving or not. Employees are encouraged to carpool to conferences.
City of Port Townsend Personnel Policies Manual Page 49 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Requests for reimbursement must be submitted within 30 days of the date expenses are incurred.
Meal Reimbursement - No Overnight Stay: Consistent with the OFM Travel
Manual, 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:
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 receive reimbursement for meal(s) (except as provided in the OFM Travel Manual). 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.
When 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 that 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. Managers 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. Managers 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 for
City business during the employee’s regularly scheduled hours of work is considered work time.
City of Port Townsend Personnel Policies Manual Page 50 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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).
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, if an 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 the cost of a flight.
Managers must approve in writing the mode of travel and amount of anticipated travel compensation time prior to the trip. Any expenses above and beyond those amounts agreed to are the responsibility of the employee. 5.15 COMPENSATION UPON SEPARATION
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 separation that 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; accruals in the final pay period will be prorated based on separation date;
4) Less any authorized deductions for any unpaid personal expenses or for any expenses due to the failure to return City property as required prior to the date of separation. 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.
City of Port Townsend Personnel Policies Manual Page 51 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 assessments are normally conducted by department directors or direct managers prior to completion of a trial period and usually once every twelve (12) months thereafter on or around the employee’s anniversary date. Annual performance assessments shall be completed no later
than one month after the employee’s anniversary date and by the conclusion of the new-hire or new-position probationary period. The assessment function is a communication tool to provide an opportunity for managers 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 their 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 manager’s standards, the manager 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.
Managers 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
manager 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.
City of Port Townsend Personnel Policies Manual Page 52 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Trial Employee: A completed employee performance assessment with an appropriate recommendation shall be submitted to the People and Performance
Department by the end of a trial period. 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 that 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 they presently occupy. 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 the employee’s 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 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:
City of Port Townsend Personnel Policies Manual Page 53 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
1) The employee 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. The City will reimburse at the agreed-upon percentage or amount up to $5,250 per
year (or current ceiling the federal government allows for exempted tuition benefit expenditures) if approved by the City Manager and approved in the budget. There is a lifetime benefit cap of $20,000. 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 or training expenses. Employees who fail to remain employed by the City for the specified time period shall reimburse the City on a
prorated basis for the monies given them based on that agreement.
City of Port Townsend Personnel Policies Manual Page 54 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 Washington State Workers' Compensation
Insurance. 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 manager. The manager 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 City’s Employee Incident Report form. The manager is required to complete the Supervisor’s Incident Investigation Report.
Unless otherwise required by State law, the procedure for workers’ 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 three (3) consecutive days, the City will grant eligible employees Family Medical Leave, which is further discussed in Section 8.8. While on Family Medical
Leave, the employee will be paid available and accrued sick leave. When and if their 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, Washington State Workers' Compensation
Insurance will begin to pay time loss compensation for hours not compensated through Family Medical Leave, as referenced above, as long as the employee is
City of Port Townsend Personnel Policies Manual Page 55 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
still off work on the seventh (7th) day after the injury. This compensation varies according to a set formula based on marital status and number of dependents.
Employees cannot use accrued leave, such as sick or vacation), and receive
workers’ 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 workers’ compensation to "buy back" the sick leave or
paid vacation previously deducted from their accruals. Compensatory time cannot be bought back. Since workers’ 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 workers’ 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.
If an employee uses sick leave or paid vacation to cover a work-related injury or illness and later receives a workers’ compensation time loss check, that employee must repay the City for the excess sick or vacation leave used. 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 workers’ compensation time loss received, payroll will determine the amount of leave to be bought back. On a case-by-case basis, an employee may be allowed to sign over
a timeloss check to the City in lieu of writing a check to buy back leave, if allowable by the banks involved.
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 the employee 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 effects 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 WA Department of Labor & Industries. 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.
7.3 RETURN TO WORK – LIMITED DUTY ASSIGNMENTS A. Return to Work
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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 certifying, based on the essential duties described in the
employee’s job description, that the employee is able to resume their 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 their 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 they are 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 an 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 an 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 states in writing that 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 People and Performance Department , 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 may have their probation extended by a period of time equal to the LD assignment time. 3. Application for LD Assignment
An employee who wishes to be considered for an LD assignment shall provide the People and Performance Department with the following:
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a) a 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 People and Performance Department will determine whether the employee’s medical restrictions allow the employee to perform the tasks
associated with the LD assignment. the People and Performance Department, in coordination with the department director may, but is not required to, add or subtract tasks from the LD assignment. 5. LD Assignment Agreement
If there is an LD assignment available and if People and Performance determines that the employee’s medical restrictions allow the employee to fill that assignment, the People and Performance Department may provide the employee an 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 an LD 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
their 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 LD assignments are no longer available, the City will work with the employee to determine whether the employee is still capable of performing the essential functions of the employee’s position.
8. Availability of LD Assignments Department directors and managers will keep the People and Performance Department 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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9. Employee’s responsibilities while on LD assignment a) Coordinate medical appointments in advance with their manager and accurately account for sick leave taken;
b) Following each medical appointment, but at least once every 90 days,
update the People and Performance Department 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 their physical activity while on LD assignments within the
guidelines prescribed by their medical provider;
d) Communicate any problem with the LD assignment that requires accommodation based on their medical condition to the manager or the People and Performance Department; and e) If required by the City, undergo an independent medical examination at
the City’s expense to help determine whether the employee will be able to return to full duty and to perform the essential function of the employee’s job. 10. Manager’s responsibilities
a) Notify the People and Performance Department and the Payroll and Benefits Administrator when an employee begins and ends an LD assignment; b) Monitor the employee to ensure their 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 the People and Performance Department; and d) Secure the privacy of employee medical condition information in the
workplace by keeping all documentation in the People and Performance 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 toward 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. When the City is required to offer medical insurance to a temporary employee pursuant to the
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Affordable Care Act or other law, the City will also offer dental and vision insurance to the employee.
7.5 CONTINUATION OF INSURANCE COVERAGE
Insurance after employee separation: Unless otherwise indicated in a bargaining unit contract or health insurance carrier/trust rules, eligible employees who separate from employment 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 unit contracts, provided the
employee continues to pay the employee’s share of premiums, if any. The employee may continue health care benefits by self-paying insurance premiums for the remainder of the time they receive workers’ compensation benefits, unless that time frame exceeds the period provided under COBRA.
COBRA rights: Upon an employee's separation 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 their dependents who elect to
exercise their COBRA continuation rights. 7.6 UNEMPLOYMENT COMPENSATION City employees may qualify for State Unemployment Compensation after
separation from City of Port Townsend employment depending on the reason for separation 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 WA 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 that 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
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provide an opportunity for employees or their family members to confidentially discuss problems and concerns affecting employees’ lives. EAP staff provide 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 meetings with a counselor (number of meetings determined by the EAP provider) to assess an employee’s needs, develop a plan of action, and/or 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 manager 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 used 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 their 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 floating holidays if eligible for their use or may request unpaid leave pursuant to Section 8.4.
The employee and their family may choose to use the agency’s services independently without a referral by the City. The self-initiated contact between the employee, their 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 and Benefits Administrator. 7.8 FLEXIBLE SPENDING ACCOUNTS The City has established programs related to dependent care and health care savings accounts (together “flexible spending accounts”) pursuant to the Internal Revenue Code, 26 U.S.C. Sections 125 and 129, and as they may be hereafter
amended. Salary reduction agreements shall be implemented, monitored and administered in accordance with policies and procedures developed, approved and communicated by the Finance and Technology Services Director and/or
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Director of People and Performance.
The City Manager or the City Manager’s designee shall be the principal supervising official authorized by the City Council to adopt plans, or amendments to plans, for such flexible spending accounts. The City Manager or the City Manager’s designee
is further authorized to execute and deliver to the administrator of a flexible spending account plan adopted by the City one or more counterparts of such plan.
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CHAPTER 8 LEAVES
8.1 VACATION LEAVE Annual vacation time will be accrued for eligible, regular full-time non-represented
employees on the following basis:
“Managers” includes only those employees whose position is specifically designated as the manager (i.e., listed in the “reports to” box) on at least one other employee’s job description and who is currently assigned by their director to be responsible for overseeing at least one other employee. “Manager” includes
Deputy Directors. “Department Directors” includes only those employees specifically designated by the City Manager as the head of a City department and/or to serve on the City’s executive leadership team.
Vacation leave accrues at the end of each pay period and may not be used before it accrues. In accordance with Section 5.8, the City Manager may authorize vacation leave
accruals for a new employee above entry-level rates. Regular part-time employees and limited-hour regular part-time employees will receive vacation on a prorated basis, according to the regular number of hours they are scheduled each week. Temporary employees and substitutes are not
eligible for vacation leave. Employees do not accrue vacation or sick leave benefits during a leave of absence without pay. Employees on a temporary reduced schedule, such as using PFML or unpaid FMLA intermittently, will accrue prorated vacation based on the difference between their usual hours per week and the temporary reduced schedule.
Continuous years of service Monthly vacation hours accrued
Monthly vacation hours accrued for managers
Monthly vacation hours accrued for department directors
First 12 months 8 10 13
Starting the 2nd year 10 13 15
Starting the 6th year 12 15 18
Starting the 10th year 14 18 21
Starting the 15th year 16 20 22
Starting the 20th year 18
Starting the 25th year 20
Starting the 30th year 22
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The City Manager, based upon a recommendation from the Director of People and Performance, may adjust vacation leave accruals for existing employees to ensure consistency among employees. This shall not result in a reduction of vacation
accruals for existing employees. For example, the City Manager may adjust
vacation accruals for a set of employees if they were hired during a period when the City was not negotiating higher vacation leave accruals for new employees, but the City had previously negotiated higher vacation leave accruals for similarly situated new employees. This should result in consistent and fair vacation accruals
for similarly situated employees.
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 manager 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 their 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 accrual for department directors is 360 hours. Additional carryover of vacation requires written approval of the City Manager. Vacation accrual for regular part-time employees will be prorated.
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 the accumulated length of service of such employee for vacation accrual purposes; provided however, the City Manager is authorized to rehire an employee at their prior leave accrual rate. 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, after which time the rehire date shall be considered the employee’s anniversary date for accrual purposes.
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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 and limited-hour regular part-time employees accrue prorated sick leave benefits based on their regular scheduled hours. All other employees, including temporary, seasonal, and substitute
employees, will accrue one (1) hour of paid sick leave for every forty (40) hours worked. Employees do not accrue sick leave benefits during a leave without pay. Employees on intermittent unpaid leave, such as FMLA or PFML, will accrue
prorated sick leave hours, with a minimum of 1 hour for every 40 hours worked. 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 increment. It is the responsibility of the employee to report any discrepancy to the 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 their sick leave account by sending prompt notice of illness to their 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 and limited-hour regular part-time employees, maximum accrual shall be prorated.
Employees will not be paid for any unused sick leave upon separating from City service for any reason and the accrued sick leave balance shall be eliminated. However, if an employee separates from work and is rehired within 12 months, any previously unused paid sick leave shall be reinstated. Allowable Uses of Sick Leave and 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 consistent with RCW 49.46.210: 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;
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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” means a child, grandchild, grandparent, parent, sibling, or spouse of an employee and also includes any individual who regularly resides in the employee's home or where the
relationship creates an expectation that the employee care for the person,
and that individual depends on the employee for care. "Family member" includes any individual who regularly resides in the employee's home, except that it does not include an individual who simply resides in the same home with no expectation that the employee care for the individual 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 sick leave in the case of appointments for the care of the employee’s other family members on a case-by-case basis. The employee’s attendance at or chauffeuring to/from such appointments and care must be reasonably necessary;
3) Care for 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 any health-related reason or after the declaration of an emergency by a local or state government or agency, or by the federal government;
4) Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others; 5) When the employee’s place of business has been closed by order of a
public official for any health-related reason or after the declaration of an emergency by a local or state government or agency, or by the federal government; 6) To allow the employee to prepare for, or participate in, any judicial or
administrative immigration proceeding involving the employee or
employee's family member;
7) Use of a prescription drug that impairs job performance or safety; 8) Bereavement leaves as described in Section 8.3; and
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9) Absences that qualify for leave under the State’s Domestic Violence Leave Act (RCW 49.76).
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 (e.g., vacation time or floating holidays) to cover a period of absence for any of the reasons stated above.
Employees who exhaust their sick leave or other accrued leave and need to be
absent from work for medical reasons or other reasons listed above and are not in a FMLA, PFML, or other status (e.g., military leave, bereavement leave, religious leave, or leave of absence without pay), may be placed in a leave without pay status at the sole discretion of the City. Employees who are placed in leave without
pay status may be subject to disciplinary actions by the City, including termination. Employees are expected to monitor and reasonably manage their leave balances, including sick leave balances, and exhaustion of these balances and absences are detrimental to the overall functioning of the City and their department.
Notification: In order to qualify for sick leave pay, an employee must report the reason for their absence to their manager, 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 their manager informed of their status daily, unless other arrangements have been made. If an employee is medically unable to contact their manager, a family member should contact the manager as soon as possible before the start of a scheduled
shift. In the event an employee or family member cannot promptly reach their manager or department director, the employee or family member may contact the People and Performance Department. 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 manager or department director, be asked to submit a health care provider’s statement to the People and Performance Department. 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 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 manager or department director and the
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People and Performance Department 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.
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 their department director, be
absent from duty with pay for not more than five (5) work days (40 hours if full-time or prorated if regular part-time). Limited-hour regular part-time employees are eligible to receive prorated bereavement leave equal to the regular number of hours they are scheduled to work weekly. The City Manager may authorize use of sick leave for additional bereavement leave beyond five (5) days. The five-day
allotment is per event/death, may only be used subsequent to the death of the immediate family member, and must be used within 12 months. 8.4 LEAVE OF ABSENCE WITHOUT PAY Unless otherwise required by law, a leave of absence without pay (LOAWP), not to exceed five (5) working days per calendar year, may be requested by an employee for personal reasons or medical reasons for which the employee is ineligible for a City or State leave benefit (e.g., City leave, FMLA, or PFML).
LOAWP may be granted to an employee by the department director; leaves of
absence that exceed five (5) working days and are not otherwise covered by the FMLA or PFML may be granted only upon the recommendation of the department director and approval of the City Manager. LOAWP shall only be used in extraordinary circumstances, such as 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
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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 per calendar year for personal reasons that do not cause
inconvenience to the City;
2) Six (6) months per calendar year for education or training that will benefit
the City; or 3) Twelve (12) months for sabbatical leave, which shall mean work, education or other experience that 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 LOAWP must exhaust accrued leave prior to being eligible for unpaid leave, unless prohibited by law. This requirement will be waived if the employee is in PFML status. A non-medical leave of absence is not protected leave.
An employee shall not accrue seniority, vacation, sick leave, longevity, and other benefits while on LOAWP, 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. LOAWP 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. Any employee who does not return by the required time within their approved
LOWAP may be terminated by the City for cause. LOWAP may be extended upon justification determined sufficient by the department director and City Manager, provided that any extension will not be detrimental to City operations. Justification may require providing additional documentation such as a new medical certification. 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.
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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 during critical work periods. 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 of jury duty time actually served in a twelve-month period. All other jury duty leave shall be unpaid. Because 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 absences of more than four hours caused because the employee is a party in a lawsuit unconnected with the employee’s official duties. Any employee who receives a jury summons or summons to testify in court must
discuss the leave requirement and their work schedule with their manager prior to taking leave. 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, pending an investigation or other administrative proceeding, or for other good cause. 8.7 MILITARY LEAVE Leave under RCW 38.40.060: 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 their 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
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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 People and Performance Department 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 their manager 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.
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.
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 their manager 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. 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
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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 their 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 the People and Performance Department 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. 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 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.
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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, child, or parent who has a serious health condition; 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; or
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:
• 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).
Unless serious complications arise, the flu, Covid, colds, earaches, upset stomach, minor ulcers, non-chronic headaches or migraines, routine dental problems, and periodontal disease are not considered serious health conditions that qualify for FMLA.
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
City of Port Townsend Personnel Policies Manual Page 73 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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.
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
City of Port Townsend Personnel Policies Manual Page 74 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 the People and Performance Department 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 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 Family and Medical 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 their share of insurance premiums, if any. Failure of the employee to pay their 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 Family and Medical 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, that employee will be responsible during the leave for the premiums normally paid plus the premiums
normally paid by the City.
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Taking an FMLA leave will not cause an employee to lose any employment benefits that 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 the People and Performance Department 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 parent 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 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 the People and Performance
Department. The People and Performance Department may also assist in completing the required forms. 8.9 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 by
the State as spouse, domestic partner, child, parent (or spouse’s parent),
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legal guardian, sibling, grandchild, grandparent (or spouse’s grandparent),
son- or daughter-in-law, or someone who has an expectation to rely on the
employee for care.
• 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 four (4)
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. 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: Eligible employees who experience a qualifying event may apply to ESD to take paid medical leave or paid family leave. The employee must
provide documentation to support the need for leave as required by ESD.
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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 ESD, and their payment will come from ESD rather than the City.
Maintenance of Health and 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), State law, or bargaining unit contract. 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 meet the requirements of RCW 50A.35.010.
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. 8.10 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,
stalking, or hate crime; 2) Seek treatment by a health care provider for physical or mental injuries
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caused by domestic violence, sexual assault, stalking, or hate crime 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, stalking or hate crime;
4) Obtain, or assist a family member in obtaining mental health counseling
related to an incident of domestic violence, sexual assault, stalking, or hate crime, in which the employee or the employee's family member was a victim of domestic violence, sexual assault, stalking, or hate crime; or
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, stalking, or hate crime.
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 WA 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, stalking, or hate crime, 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, stalking or hate
crime than those required by Chapter 49.76 RCW. Employees requesting Domestic Violence Leave will be required to notify the People and Performance Department. 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
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policy, or for participating or assisting, as a witness or otherwise, in another employee’s attempt to exercise rights under this policy.
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:
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 divisions, 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, an eight-hour 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 and limited-hour regular part-time shall receive holiday benefits that are prorated based on their regularly scheduled hours per week.
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 manager. 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.
Floating Holidays: Non-represented, fulltime employees shall be entitled to two floating holidays per anniversary year upon completing the initial trial period with the City. Regular part-time employees and limited-hour regular part-time employees will accrue prorated floating holidays based on their regular number of
hours scheduled per week. Non-represented employees who do not qualify for the manager or director vacation accrual schedules in Section 8.1 will receive three floating holidays starting in their 6th year of continuous employment. Floating holidays are to be determined by mutual agreement between the employee and the manager. 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. 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 their department director's approval, take the day off using vacation, comp time, or a floating holiday. 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 to take the two unpaid holidays after consultation with their manager. 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 they have 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).
City of Port Townsend Personnel Policies Manual Page 81 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
If possible, an employee should submit a written request for an unpaid holiday provided for by this section to the employee’s manager 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 manager, who .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. 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 (e.g., certain FLSA exempt positions) to receive 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, SEASONAL, SUBSTITUTE, AND TERM-LIMITED 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 prorated. Prorated means the ratio between the number of hours in the employee's normal work schedule and forty (40) hours per week. Temporary, Seasonal and Substitute Employees: Unless mandated by law, temporary, seasonal and substitute 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. Limited-hour regular part-time employees are not eligible to receive
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health insurance. See Section 8.2 for paid sick leave benefits and Section 8.9 for Washington Paid Family Leave.
Term-Limited Employees: Full-time, exempt employees on a term-limited
assignment are eligible for all benefits available to regular full-time exempt employees.
City of Port Townsend Personnel Policies Manual Page 83 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 with a business or agency that 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 that 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 their department director in light of the above policy prior to making a decision.
Non-exempt City employees cannot be “paid” employees and “nonpaid” volunteers while performing the same type of work. Non-exempt employees who wish to provide volunteer service for any City activities are limited to those activities where the tasks and activities are distinctly different from the employee’s regular and ordinary tasks and conducted outside regular work hours. In all other
circumstances, such work is considered overtime and requires advance written approval from the employee’s manager. Approval is within the manager’s sole discretion. 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
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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. 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, email, 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 any 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 or facilities for political activities pursuant to RCW 42.17A.555, RCW 29B.50.090. While at work or while in uniform or wearing clothing with the City’s name or logo on it, and/or while meeting with members of the public in their position or on behalf
of the City, City employees may not wear or display buttons, badges, stickers, or clothing, including hats, with political messaging or any other signage relevant to
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any candidate or ballot issue. Politically neutral items, such as “Vote!” buttons, are authorized and may be worn when interacting with the public.
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 political materials, such as campaign stickers or posters, on their personal car. Private employee vehicles displaying political materials, such as bumper stickers or campaign posters, 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 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 in 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
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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 prohibit employees who are not on the job from using tobacco or tobacco-like products in 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; separation 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 resources. 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.
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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 is used to perform job duties, employees must obtain written approval from their manager 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,
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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 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 Director of Finance and Technology Services 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 City IT staff. Specialized software and hardware technologies exclusive to individual departments may be managed within the appropriate
department, in coordination with IT staff. Any moving, relocating, or rearranging of computer software or hardware should also be coordinated with IT staff. Ownership and Confidentiality: All software, programs, applications, templates, data, data files, and webpages 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 IT staff 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.
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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 the employee’s manager or department director, such use does not interfere with
employee or department productivity, nor distract/take time away from the
employee’s or coworkers’ 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
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schedule without authorization in advance from management. This includes reviewing, sending and responding to emails or text messages and responding to or making phone calls. Exceptions apply for on-call/stand by
work.
• 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 IT staff);
• 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
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either the City’s networks or systems, or those of any other individual or entity;
• 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 email 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. IT staff have installed anti-virus and anti-spyware software on all City computers and continuously update 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 IT staff immediately for assistance. Similarly if you
receive an email with a suspicious attachment or from an unusual source, you
should notify IT staff before opening it. If you notice that your computer is behaving strangely or you suspect spyware or a virus, notify IT staff. 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
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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, they 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 their 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 Director 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, 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 manager orders the employee to reproduce the text message; or ● When the text message is maintained on a cell phone or device and the
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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 ARTIFICIAL INTELLIGENCE (AI) POLICY. The Artificial Intelligence (AI) Policy is set forth in Attachment B. 9.10 USE OF PERSONAL COMPUTER OR COMMUNICATION DEVICES FOR CITY BUSINESS: Employees shall not use personal computers or devices for City business without first obtaining Director of Finance Technology Services 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. 9.11 AUTOMOBILE USAGE
The City provides vehicles to allow employees to drive on City business and reimburses employees for business use of personal vehicles according to the
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guidelines below. The term "vehicle" as used in these guidelines includes, but is not limited to, cars, trucks, backhoes, front-end loaders, and graders. Use of assigned Port Townsend Police Department vehicles, such as patrol cars, is
subject to specific requirements, and this policy does not apply to the use of those
Police Department vehicles that are subject to internal Police Department policies. 1) Employees may not drive any vehicles for City business without prior approval of their manager.
2) Employees who need transportation in the course of their normal work may
be assigned a City vehicle for their use.
3) Employees are required to make a reasonable effort to reserve and use a
City-owned fleet vehicle for all work-related travel. When no City vehicle is
available, employees may use a personal vehicle and may claim mileage
reimbursement in accordance with City policy. If an employee elects to use
a personal vehicle when a City-owned vehicle is available, the employee
will not be eligible for mileage reimbursement, unless approved in writing by
their manager prior to travel.
4) Except as authorized by the employee’s manager, 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 manager, 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.) 5) All City vehicles shall remain on City property while not in service, unless specifically authorized.
6) 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, maintain the security of the vehicle and its contents, and maintain a
driving record acceptable to the City’s insurance carrier. Employees who
drive a vehicle on City business shall notify their manager if they have a moving violation or are involved in an accident for which they receive a traffic or criminal citation while employed with the City, even if the incident occurs while not at work. The City may conduct a motor vehicle records
check before allowing an employee to drive a City vehicle if allowable by
Chapter 49.58 RCW Employees are personally responsible for any driving infractions or fines, including parking tickets, that result from their driving a City vehicle and must promptly report them to their managers. Employees
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who drive a City vehicle also should ensure that the vehicle is kept clean and free of litter.
7) 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. 8) Non-business passengers (for example, family and friends) are prohibited
from riding in City vehicles. Non-employees, such as employees of another
government agency, may only ride in City vehicles with advance permission of the driving employee’s director and the City’s risk manager and after the non-employee passenger has signed a liability waiver and acknowledged that they will not receive medical coverage through the City in the event of
an accident. The City does not provide uninsured, underinsured, med pay, or personal injury protection insurance coverage. 9) Employees who use their personal vehicle for approved business purposes, as conditioned in subsection 3 above, 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. 10) Employees must promptly report any accident, theft, or malicious damage involving a City vehicle to their manager, 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 manager 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.
11) 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 manager). 12) 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
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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.
13) In most circumstances, time spent by nonexempt employees (those 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. 9.12 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, have a valid driver’s license, and maintain a driving record acceptable to the City’s insurance carrier.
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 their department director and immediately suspend driving duties. The employee may not resume driving until proof of a valid, current license is provided to their 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 their 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, managers or the People and Performance Department. 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.
Employees must authorize evaluation of their WA State motor vehicle driving records and license status upon the City’s request if allowable under Chapter 49.58 RCW. 9.13 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
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City's safety rules. Copies of the City’s Accident Prevention Program are available on the City’s website, at every City facility, and from the People and Performance Department. Employees shall promptly report all unsafe or potentially hazardous
conditions to their manager, department director, or Safety Committee
representative. 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 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 manager 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 manager 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 Employee Incident Report form and submit it to the People and Performance Department within twenty-four (24) hours of the incident or from when the occupational illness was discovered. The employee’s manager is required to submit a Supervisor’s Investigation Report to
the People and Performance Department within three days of the accident or incident. If applicable, the employee is responsible for completing the Washington State Labor and Industries claim form. Managers are required to complete the manager portion of the accident report form. Should the injury require attention beyond basic first aid, the employee should have their 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 the 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 the People and Performance Department.
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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 manager or department director, City
Attorney, 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 provided in the glove box of City vehicles and are available from managers, the
Legal Department, or the People and Performance Department. 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) hours following the accident, or sooner if required by the employee’s department director or the City’s risk manager.
Employees shall compile any reports requested by their manager, department director, Legal Department, and/or People and Performance Department. 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 ensure its employees have 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 in its Accident Prevention Program and follow it at all times. Failure to comply with this plan will result in discipline up to and including
termination. 9.14 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 9.15 regarding the use or possession of a weapon on City premises;
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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. 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 their manager and department director. If the manager 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 manager 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 their department director or the Director of People and Performance. 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 their department director or City Manager.
City Building Access: Employees may not allow non-employees in non-public City spaces, such as office or shop areas or behind customer service counters and doorways, unless personally escorted by the employee the visitor(s) came to meet or conduct City business with.
9.15 FIREARMS AND DANGEROUS WEAPONS
City of Port Townsend Personnel Policies Manual Page 100 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
In order to facilitate a safe work environment, employees are prohibited from bringing, carrying, exhibiting, or using any dangerous weapon in the workplace or in 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. 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.
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 officers.
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.
City of Port Townsend Personnel Policies Manual Page 101 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
Any employee violating this policy may be subject to disciplinary action, up to and including termination.
9.16 SUBSTANCE ABUSE
The City recognizes that 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 lead to disciplinary action (RCW 69.51A.060(4)). Use or possession of products containing cannabidiol (CBD) is prohibited while on duty, even if the product is labeled as not containing tetrahydrocannabinol (THC). 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 their manager 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 their 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.
City of Port Townsend Personnel Policies Manual Page 102 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
3) Any other use, possession, or trafficking of intoxicants, illegal drugs, or controlled substances in a manner that 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, drugs, or any substance that 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 that may impair job performance shall promptly report this fact in writing to their manager.
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 a controlled substance. 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 that 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, or physical absence resulting in the inability to conduct the test or any other acts
City of Port Townsend Personnel Policies Manual Page 103 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
constituting refusal under 49 C.F.R. part 40. Manager Responsibilities: If a manager has reasonable grounds to believe an
employee is under the influence of alcohol and/or drugs when reporting for work
or during the work shift, the manager has an obligation to verify the employee's condition and relieve the employee of their duties. The manager should seek the opinion of at least one additional manager or director, if practical.
The possibility of City or manager 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 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 manager should transport or arrange transportation of the employee to a medical facility or the employee’s home, as appropriate.
A manager 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 managerial 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 the People and Performance Department 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(s) or substance(s) in their system when 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 manager 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.
City of Port Townsend Personnel Policies Manual Page 104 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
A “negative dilute” result from any drug screen requires retesting as soon as practical.
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 regulations (49 CFR Part 40) 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 a natural gas facility are subject to additional rules and
regulations imposed by the federal government. These regulations require drug and/or alcohol testing in the following circumstances: 1) Pre-employment;
2) Reasonable suspicion; 3) Post-accident; 4) Return to duty;
5) Follow up; and 6) Random (except certain natural gas facilities employees as it pertains to alcohol).
Covered employees who test positive must be removed from service until released to work by a Substance Abuse Professional and after successful completion of return-to-work drug and/or alcohol testing requirements. Employees may be returned to non-safety sensitive functions if the department director determines
that such work is available. Employees who test positive are subject to discipline, up to and including termination. CDL holders and natural gas employees should consult 49 CFR Part 40 for additional details concerning the appropriate rules applicable to employees covered under the Department of Transportation regulations.
9.17 NOTICES TO EMPLOYEES Information of special interest to all employees is posted regularly on City bulletin boards, City website, and/or sent by email to City employees. Employees may not
post any information on these bulletin boards, on the City’s website or social media accounts, or by email to all employees without prior authorization of their department director.
City of Port Townsend Personnel Policies Manual Page 105 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
9.18 CONTACT WITH THE NEWS MEDIA; LOBBYING EFFORTS
The City Manager and the Director of Communications and Marketing or
designees 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, Director of Communications and Marketing, or a 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 Director of Communications and Marketing or their director. 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. 9.19 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 fundraising 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.
If and when authorized by the employee’s department director, non-work related
materials (e.g., event posters) will be limited to non-work areas, such as breakrooms, and must relate to politically neutral community events or charitable fundraising involving participation by family members (for example, a child’s school or activity fundraiser).
City of Port Townsend Personnel Policies Manual Page 106 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
9.20 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 their official City duties.
City of Port Townsend Personnel Policies Manual Page 107 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 that, 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 that 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 that 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, or 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 or accepting unlawful gratuities or bribes (also see the City’s Code of
Ethics, PTMC 2.80); 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;
City of Port Townsend Personnel Policies Manual Page 108 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 manager or call dispatch or 911;
12) Loitering outside of work hours that 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 manager 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 manager, 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 written 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 may be permanent;
20) Disorderly conduct, including fighting on the premises; 21) Rudeness, discrimination, harassment, intimidation, coercion, use of obscene language or gesture, or lack of courtesy to the public or fellow
employees;
City of Port Townsend Personnel Policies Manual Page 109 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
22) Immoral conduct that adversely reflects on the City or the employee’s ability to perform their 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 that 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 manager; 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 manager of any on-the-job use (including already being under the influence of) or possession of prescription or over the counter drugs that 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;
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 their position or the public’s confidence in the employee
City of Port Townsend Personnel Policies Manual Page 110 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 that 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 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.
City of Port Townsend Personnel Policies Manual Page 111 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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.
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.
City of Port Townsend Personnel Policies Manual Page 112 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 assessments,
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 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 by the resigning
employee to the People and Performance Department. 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 manager 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.
City of Port Townsend Personnel Policies Manual Page 113 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 manager.
Step 2: When normal communication between an employee and their manager 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 them. Step 3: If the employee is not satisfied with the response from the department director, they may submit the complaint, in writing, to the People and Performance Department for review by the City Manager. The written complaint must contain,
at a minimum: a description of the complaint, the specific policy or procedure that 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.
City of Port Townsend Personnel Policies Manual Page 114 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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, Chapter 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 that 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.
Emergency: Is defined as a circumstance that if not immediately changed may cause damage to persons or property.
City of Port Townsend Personnel Policies Manual Page 115 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 their manager, if the manager 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 their manager, 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 or 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 to 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 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
City of Port Townsend Personnel Policies Manual Page 116 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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 or 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 manager, 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 manager, 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 PO Box 42488 Olympia, WA 98504-2488
(360) 664-8721 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
City of Port Townsend Personnel Policies Manual Page 117 Nov. 2011; rev. July 2016; Nov.2017, Dec.19, Jan.2022, Nov. 2023, June 2024, May 2026
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.
Personnel Policies Manual Revision Dates: November 8, 2011 (Resolution 11-030) July 18, 2016 (Resolution 16-032) November 6, 2017 (Resolution 17-051) December 2, 2019 (Resolution 19-091) January 18, 2022 (Ordinance 3284) November 20, 2023 June 3, 2024 May 4, 2026
Attachment A
City of Port Townsend
Social Media Policy
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.
Use of Social Media Platforms
1. 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
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, photographs, 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.
I.PURPOSE
CITY OF PORT TOWNSEND
Subject: ArƟficial Intelligence (AI) Policy
Date: October 15, 2025
Authority: City Manager
This policy outlines the requirements for acquiring and using supporƟve generaƟve arƟficial
intelligence (AI) soŌware at the City of Port Townsend. This policy only applies to supporƟve
generaƟve AI. At this Ɵme neither responsive generaƟve AI nor predicƟve AI tools will be
implemented by the City of Port Townsend unless in a controlled internal-only tesƟng
environment for select staff. The City authorizes the use of supporƟve AI while users are
conducƟng duƟes related to their jobs with the understanding that the output from these tools
may contain inaccuracies and will require human verificaƟon. All users of City compuƟng and
network resources must do so in an ethical, legal, and responsible manner. All use of technology
resources must be consistent with all City policies and work rules.
II.I. SCOPE
This policy applies to all City employees. This policy also includes contract or temporary
employees, volunteers, and elected officials when working on behalf of the City.
III.DEFINITIONS
a. GeneraƟve AI: A class of soŌware that uses large language models, deep learning, and
machine learning to generate new content (e.g., text, images, video, audio) based on
input data. Examples include GPT-4/ChatGPT (OpenAI, the AI system used by Copilot),
Gemini (Google), and DALL-E. There are two types of generaƟve AI:
i. SupporƟve generaƟve AI tools (SupporƟve) – AI tools capable of generaƟng text,
images, or other data from sources not-limited to City-generated content in response
to employee-provided prompts.
ii. Responsive generaƟve AI tools (Responsive) – AI tools that interact directly
with community members and employees to provide informaƟon from the
City’s website or similar discrete set of City-generated or City-curated content.
Attachment B
B. PredicƟve AI: Uses staƟsƟcal analysis and machine learning to idenƟfy
paƩerns, anƟcipate behaviors, and forecast future events. It essenƟally uses data
to predict potenƟal outcomes based on past trends and relaƟonships.
OrganizaƟons use this type of AI to predict things like customer behavior,
potenƟal risks, or future market trends.
C. Algorithm: A series of logical steps used by a computer program to process inputs into
outputs.
D. Algorithmic bias: A systemaƟc and unfair preference or prejudice embedded in the
outcome of an algorithm, oŌen due to biased data, flawed assumpƟons, or design
choices.
E. Biometrics: Biological and physical characterisƟcs used to idenƟfy individuals. These
include:
Fingerprints
Facial recogniƟon
Iris scans
Voice paƩerns
DNA
F. Protected Classes: Groups of people who are legally protected from discriminaƟon
under various laws and regulaƟons to prevent unfair treatment in areas like
employment, housing, educaƟon, and access to services. These classes are typically
based on characterisƟcs such as:
Race
Gender
Age
Religion
Disability
NaƟonal origin
Sexual orientaƟon (in some jurisdicƟons)
G. AI System: Any system that generates outputs such as predicƟons, recommendaƟons,
or decisions that augment or replace human decision-making. This includes soŌware,
hardware, algorithms, and data used for automaƟon or analysis. While this policy
document includes principles that apply to AI technologies generally, these policy
statements apply only to GeneraƟve AI systems.
H. Prompt: In AI, a query or instrucƟon that a user provides to an AI model to generate a
response. The quality of the data returned is directly influenced by the quality of your
prompt.
I. SoŌware as a Service (SaaS): A cloud-based model that users access on-demand,
usually through a web browser, without having to install or maintain any soŌware on
their computer.
J. EmoƟonal analysis: The use of technology (oŌen AI) to detect and interpret human
emoƟons from data such as facial expressions, voice tone, text, or physiological
signals. E.g. customer service, surveillance, markeƟng, mental health monitoring.
K. Social scoring: The use of data analyƟcs to assign individuals a score based on their
behavior, reputaƟon, or social interacƟons—oŌen by governments or companies.
L. Personally IdenƟfiable InformaƟon (PII): In the context of this AI policy, the following
are considered PII:
DefiniƟon of Personal InformaƟon
Our state’s noƟficaƟon law defines “personal informaƟon”
A Washingtonians’ first name or iniƟal and last name in combinaƟon with one or more
of the following:
o Social Security number;
o Driver’s license number or Washington idenƟficaƟon card number;
o Account number or credit or debit card number, in combinaƟon with any
required security code, or password that would permit access to their account;
o Full date of birth;
o Private keys for electronic signature;
o Student, military, or passport idenƟficaƟon numbers;
o Health insurance policy or idenƟficaƟon numbers;
o Medical informaƟon, including medical history, mental or physical condiƟon,
diagnoses, or treatment; and
o Biometric data.
Any of the above elements, not in combinaƟon with first name or iniƟal and last name, if
the affected data was not rendered unusable via encrypƟon or redacƟon and would
enable a person to commit idenƟty theŌ against the consumer.
Username and email address in combinaƟon with a password or security quesƟons and
answers that would permit access to an online account.
Personal informaƟon does not include publicly available informaƟon that is lawfully
made available to the general public from federal, state, or local government records.
hƩps://www.atg.wa.gov/washington-s-data-breach-noƟficaƟon-laws
IV. AI GENERAL CODE OF CONDUCT
These principles describe general codes of conduct that represent the City’s values and
align with its responsibiliƟes to the people it serves. City employees, volunteers, and
elected officials shall adhere to these principles and requirements outlined in this policy
and will be held accountable for any work product AI tools generate and must ensure
compliance with these expectaƟons:
A. InnovaƟon and Sustainability: The City values innovaƟon that meets
community needs while advancing beneficial outcomes for people and the
environment. We commit to responsibly exploring AI technologies that improve
services.
B. Transparency and Accountability: The City will be transparent in its use of AI
and will review results to ensure applicable laws are complied with.
DocumentaƟon of AI systems—including data sources and operaƟonal models—
will be maintained, such as a log.
C. Quality and quality control: Validity and Reliability are paramount. AI systems
must perform reliably under expected condiƟons; however, human users are
accountable to ensure accuracy. System accuracy will be governed and reviewed
throughout the lifecycle to inform policy improvements and training.
D. Privacy ProtecƟon: The City prioriƟzes data privacy. Policies will be in place to
safeguard personally idenƟfiable informaƟon (PII) throughout AI system
development and use. PII or any sensiƟve data shall not be entered into any AI
system without prior wriƩen approval from the user’s supervisor and the Finance
Director. SupporƟve generaƟve AI use must abide by SecƟon II.L relaƟng to
personally idenƟfiable informaƟon or other sensiƟve informaƟon.
E. Security and Resiliency: Should the City allow future Responsive GeneraƟve AI,
the City will ensure that AI systems are evaluated for resilience against security
risks. These systems must protect the confidenƟality, integrity, and availability of
City data.
F. The City will only allow SupporƟve GeneraƟve AI use. Responsive GeneraƟve
and PredicƟve AI outside of controlled tesƟng environments for select staff will
not be used without policy modificaƟon.
V. POLICY
1. RESPONSIBILITIES
The following enƟƟes and individuals have specific responsibiliƟes in the
implementaƟon and adherence to this policy:
• InformaƟon Technology: Assist with policy development and maintenance, risk
assessment, and planning. Support the City and its departments with training
and collaboraƟon between departments.
• City Staff: Assume full responsibility for the accuracy of all work products
including data obtained using any AI systems. Staff are also responsible for
ensuring strict compliance with this policy. Staff are also responsible for including
proper aƩribuƟons. City staff will also submit AI soŌware requests to the AI
policy team and network administrator or designee to secure approval for the
acquisiƟon and use of new AI systems.
• Legal Advisor: Provide expert guidance on potenƟal legal risks associated with
AI usage within the City.
• AI Policy Team: An ad-hoc interdepartmental City team will be convened as
needed to oversee updates to the AI policy, periodically assess bias and review of
issues, recommend training, and review proposals for AI subscripƟons and
services.
2. ACQUISITION OF GENERATIVE AI TECHNOLOGY
A. Employees may request to use various AI systems by submiƫng an “AI Use Request
Form” to their Director who will forward to HR for AI Policy Team for consideraƟon. This
team will collaborate with the requestor’s Director to review the request and provide a
response.
B. No addiƟonal approval is required if a previously approved technology integrates
generaƟve AI capabiliƟes, e.g. Zoom now integrates a free AI feature. However, this
policy will sƟll apply and the City through the AI Policy Team may discuss potenƟal
impacts to prepare for possible consequences of new tools.
C. The AI Policy Team will review requests based on risk specific to GeneraƟve AI
technology for those technologies not covered in SubsecƟon B.
D. The AI Policy Team may recommend the City Manager revoke authorizaƟon of specific
AI tools, including if new AI capabiliƟes present risks that violate this policy pertaining to
data privacy, prohibited uses, public records, aƩribuƟon, transparency and
accountability.
3. EMPLOYEE TRAINING
A. Staff may receive annual training, if funding is available, on basic AI concepts,
responsible use of approved systems, and ethical consideraƟons. Training may be online
or in-person.
B. GeneraƟve AI is a tool that employees may use to augment their work, but it is not a
subsƟtute for work responsibiliƟes. As with all work produced, employees remain
responsible for their judgment and use of AI tools, including the outcomes of AI use.
4. USE OF GENERATIVE AI OUTPUTS
All data received from a GeneraƟve AI system must undergo human review before
official use by the City. Responsive generaƟve and predicƟve AI may not be used unless
in a limited tesƟng capacity for select internal City staff unƟl the City has staff capacity,
experience, and training in these areas for policy modificaƟon.
5. ATTRIBUTION, ACCOUNTABILITY, AND TRANSPARENCY OF AUTHORSHIP
A. Images or videos created by GeneraƟve AI systems must include aƩribuƟon where
feasible (e.g., watermarks, capƟons, or footnotes). Videos created using AI must be
reviewed and approved by the creator’s supervisor or delegate before release.
B. Text generated by an AI system must include aƩribuƟon if used substanƟvely in the
final work product.
C. Source code generated by an AI system must include aƩribuƟon via comments if used
for criƟcal funcƟons.
D. All aƩribuƟons should include the name of the AI system used plus a “human in the
loop “(HITL)” asserƟon (include the department, division, and/or staff member who
reviewed the content). Example aƩribuƟon: "This material -was generated using
ChatGPT 4.0 and reviewed by the Public Works Director before publicaƟon on
MM/DD/YYYY."
E. As with all work products at the City, AI users will be responsible for 100% of any AI
products. AI users will be responsible for accuracy and compliance with current
standards, regulaƟons, and laws.
F. All consultant contracts shall sƟpulate AI aƩribuƟon requirements for work
substanƟally produced by AI.
6. REDUCING BIAS AND HARM
Employees are encouraged to work with the City’s AI Policy Team when using GeneraƟve
AI systems that analyze City data or inform decisions to ensure results are free from bias
against protected classes.
7. DATA PRIVACY
A. Use of GeneraƟve AI systems must align with the City's Data Security and Privacy
Policy, Policy Number #XXXXXXXXX, and the City of Port Townsend Employee Manual.
B. Employees shall not submit non-public City data into GeneraƟve AI systems.
C. City data should not be used for training external GeneraƟve AI models.
D. Staff shall not upload confidenƟal, sensiƟve, or personally idenƟfiable data to any AI
soŌware or service.
8. PUBLIC RECORDS AND CITY RECORDS MANAGEMENT
A. Records created by generaƟve AI are likely to be considered public records. For
addiƟonal informaƟon, consult the Public Records Officer for guidance.
B. Approved supporƟve generaƟve AI systems must support storing and retrieving all
prompts and outputs. The City considers most records generated using AI tools to be
transitory or draŌ unƟl the work product is finalized. Employees are responsible for
ensuring that any prompts or generated work product with retenƟon value is captured.
C. Employees must maintain records of inputs, prompts, and outputs consistent with
public records requirements, which depends on the content of the record. See below for
examples. AI users should only use accounts created with their City email addresses to
ensure that the City meets records retenƟon requirements. Personal accounts should
NOT be used for City business, including AI systems.
Example 1: If staff uses AI to assist in draŌing a City publicaƟon, arguably the AI-related
records are “draŌs”. Under applicable retenƟon schedule, City only needs to retain unƟl
no longer needed and then destroy.
Example 2: If staff uses AI to assist in draŌing a resoluƟon or ordinance, the applicable
retenƟon schedule for records related to the “development” of a resoluƟon or ordinance
is to retain for 3 years aŌer approval or denial and then destroy.
9. PROHIBITED USES
Using AI for the following is prohibited:
• RequesƟng or obtaining legal advice related to City business.
• Decisions requiring human decision-making (i.e. permit applicaƟons, approvals,
etc.).
• Real-Ɵme biometric idenƟficaƟon.
• CogniƟve behavioral manipulaƟon.
• Social scoring, or the use of AI systems, to track and classify individuals based
on behaviors, socioeconomic status, or personal characterisƟcs.
• EmoƟon analysis, or the use of computer vision techniques to classify human
facial and body movements into certain emoƟons or senƟment (e.g., posiƟve,
negaƟve, neutral, happy, angry, nervous).
• Fully automated decisions that substanƟally impact the rights or safety of
individuals with no meaningful human oversight. For example, idenƟfying and/or
manipulaƟng appropriate egress during an emergency situaƟon
10. NON-COMPLIANCE
Non-compliance with this policy may result in disciplinary acƟon up to terminaƟon of
employment, volunteers, or contracts.
11. RELATED STANDARDS AND POLICIES
• Data Privacy & Security Policy
• City of Port Townsend, Employee Manual
12. DOCUMENT CONTROL
This policy shall be effecƟve on October 15, 2025, and shall be reviewed annually to
incorporate new AI developments. It is acknowledged that AI support is an emerging
and rapidly changing area of technology and the City Manager is authorized to amend
these policies at any Ɵme in order to comply with legal and regulatory requirements.
Approved By:
John Mauro, City Manager