Resolution No. 633 - Amending Personnel PolicyRESOLUTION No. 633
A RESOLUTION OF THE CITY OF YELM, WASHINGTON, AMENDING THE
PERSONNEL POLICY FOR THE CITY OF YELM AS LAST AMENDED APRIL 24, 2007
WHEREAS, the Yelm City Council desires to develop guidelines and policies on personnel
matters, in order to provide guidance to City employees, managers, and elected officials, and to
comply with federal and state laws; and
WHEREAS, the policies contained in this resolution are general guidelines for the City's
current employment practices and procedures. They are not intended to be a contract, express
or implied, or any type of promise or guarantee of specific treatment upon which employees
may rely, or as a guarantee of employment of any specific duration; and
WHEREAS, Resolution No. 633 repeals and voids all preceding versions of the personnel
policy; and
WHEREAS, the changes to the personnel policy were reviewed with the City Council at
the February 7, 2023 Study Session; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yelm, Washington
as follows:
THAT: City of Yelm Personnel Policy, attached hereto as Exhibit A is hereby approved.
Approved this 28th day of February, 2023
p J/
Joe-Pinto, Mayor
Attest:
Kathy Linneme r, City Clerk
City oi4 �"1 eun
WASHINGTON
Personnel Policies
City of Yelm, Washington
106 Second Street SE
Yelm, WA 98597
February 2023
Table of Contents
Chapter1 General........................................................................................................................................1
1.01 Purpose And Scope........................................................................................................................1
1.02 Amendments...................................................................................................................................1
1.03 Equal Employment Opportunity.....................................................................................................1
1.04 Sexual Harassment/Hostile Work Environment...........................................................................1
1.05 Definitions.......................................................................................................................................2
1.06 Employee Personnel Records........................................................................................................3
1.07 References......................................................................................................................................3
1.08 Destruction Of Personnel Records................................................................................................4
Chapter2 Hours And Attendance...............................................................................................................5
2.01 Working Hours................................................................................................................................5
2.02 Hours Of Work And Overtime.........................................................................................................5
2.03 Compensatory Time........................................................................................................................5
2.04 Attendance......................................................................................................................................6
2.05 Breaks And Meal Periods...............................................................................................................6
2.06 Call Back.........................................................................................................................................6
2.07 Payroll Records...............................................................................................................................7
Chapter3 Recruiting and Hiring..................................................................................................................8
3.01 Recruiting........................................................................................................................................8
3.02 Hiring...............................................................................................................................................8
3.03 Temporary Employees....................................................................................................................9
3.04 Probationary Period........................................................................................................................9
3.05 Employment Of Relative (Nepotism).........................................................................................10
3.06 Promotions And Transfers...........................................................................................................10
Chapter4 Compensation.........................................................................................................................11
4.01 Salary Classification And Grades................................................................................................11
4.02 Employee Pay Rates....................................................................................................................11
4.03 Paydays........................................................................................................................................11
4.04 Deductions...................................................................................................................................11
4.05 Travel Expense Reimbursement.................................................................................................11
4.06 Compensation Upon Separation Or Termination.......................................................................12
Chapter 5 Performance Evaluations And Training..................................................................................13
5.01 Performance Evaluations............................................................................................................
13
5.02 Training Policy..............................................................................................................................13
Chapter6 Benefits....................................................................................................................................14
6.01 Retirement Benefits....................................................................................................................14
6.02 Disability Benefits........................................................................................................................14
6.03 Insurance Benefits.......................................................................................................................15
Chapter 7 Leaves Of Absence And Time Off...........................................................................................17
7.01 Leaves..........................................................................................................................................17
7.02 Vacation.......................................................................................................................................17
7.03 Sick Leave....................................................................................................................................17
7.04 Bereavement Leave.....................................................................................................................
19
7.05 Leave Without Pay.......................................................................................................................
19
7.06 Jury Duty And Witness Leave......................................................................................................
20
7.07 Administrative Leave...................................................................................................................
20
7.08 Military Leave...............................................................................................................................
20
7.09 Holidays........................................................................................................................................
20
7.10 Religious Holidays........................................................................................................................
21
7.11 Family and Medical Leave Act (FMLA) and Washington's Family Leave Act (WFLA)...............
21
7.12 Washington Paid Family and Medical Leave Program (PFML).................................................
29
Chapter 8 Employee Responsibilities And Conduct................................................................................
30
8.01 General Policy..............................................................................................................................
30
8.02 Code Of Conduct, Conflicts Of Interest And Outside Employment ............................................
30
8.03 Political Activities.........................................................................................................................
31
8.04 Smoking.......................................................................................................................................
31
8.05 Use Of City Vehicles And Equipment..........................................................................................
31
8.06 Bulletin Boards............................................................................................................................
31
8.07 Contact With News Media...........................................................................................................
31
8.08 Seat Belt Use ............................. .......,..........................................................................................
32
8.09 Driver's License Requirements...................................................................................................
32
8.10 Safety............................................................................................................................................
32
8.11 Drug Free Workplace...................................................................................................................
32
8.12 City -Owned Technology Resource Acceptable Use Policy.........................................................
34
8.13 Violence In The Workplace..........................................................................................................
37
Chapter 9 Employee Dissatisfaction........................................................................................................
41
9.01 Suggestions..................................................................................................................................
41
9.02 Complaint Procedures.................................................................................................................
41
9.03 Disability Complaints...................................................................................................................
41
9.04 Whistle Blower Protection Policy................................................................................................
42
Chapter 10 Discipline And Terminations.................................................................................................
46
10.01 Discipline...................................................................................................................................
46
10.02 Termination................................................................................................................................
47
10.03 Layoff.......................................................................................................................................... 47
10.04 Resignation................................................................................................................................ 48
10.05 Exit Interview.............................................................................................................................. 48
10.06 Death.......................................................................................................................................... 48
Rev. 2001.01; 2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05); 2006.01 (Res 462, 1/06);
2008.01 (Res 4714/07); 2023-02 (Res 633 2/23)
Chapter 1 GENERAL
1.01 PURPOSE AND SCOPE
1.01.010 The City reserves the right to amend, delete, supplement, or rescind any provisions of this
manual as the City deems necessary and appropriate without advance notice. These
policies shall not be construed to create contractual rights or any type of promise or
guarantee of specific treatment upon which any employee may rely.
1.01.020 Except as otherwise stated herein, these personnel policies apply to all City employees.
(Resolution 270, 10/92) They do not apply to elected or appointed officials or to
independent contractors and consultants unless specifically agreed to between the City
and those parties. In the event of conflict between any provision of this manual and any
provision of a valid and effective collective bargaining contract or individual labor contract,
or an applicable Civil Service rule or regulation, the provision of the labor contract and/or
the Civil Service rule shall govern. Violation of City policies may result in discipline, up to
and including termination.
1.01.030 Unless otherwise expressly provided by law, ordinance, civil service rules or regulations,
or by written contract, the City Administrator, all Department Directors, all temporary
employees and all employees who have not completed their probationary period are
considered at -will employees and may be terminated from City employment at any time,
with or without cause and with or without notice. Except as expressly provided otherwise
by law, ordinance, civil service rules or regulations, or by written contract, all other regular
employees will be terminated only by written notice and with an opportunity for a hearing
as set forth in Chapter 10 of these policies. (Resolution No. 270, 10/92)
1.02 AMENDMENTS
1.02.010 These policies are adopted and may only be amended by formal or written action of the
City Council. Any employee may present any proposed amendment to their Department
Director or the City Administrator. Proposals to amend these policies maybe initiated and
presented to the City Council by any elected official, the City Administrator, two or more
Department Directors, or five or more employees.
1.03 EQUAL EMPLOYMENT OPPORTUNITY
1.03.010 The City is an equal opportunity employer. The City employs, retains, promotes,
terminates and otherwise treats all employees and job applicants on the basis of merit,
qualifications, and competence. This policy will be applied without regard to any
individual's sex, race, color, religion, national origin, pregnancy, age, marital status,
medical condition, or disability.
1.03.020 The City will not discriminate against applicants or employees who have a sensory,
physical or mental impairment, and who can perform the essential functions of the job.
The City will reasonably accommodate employees of disability who so request it.
1.04 SEXUAL HARASSMENT/HOSTILE WORK ENVIRONMENT
1.04.010 Sexual harassment is a form of sex discrimination and is an unlawful employment practice
under the 1964 Civil Rights Act and Washington State Law against Discrimination. It is
the policy of the City to provide a work environment for its employees which is free from
discrimination and intimidation. Therefore, the City will not tolerate any form of sexual
harassment. Prompt disciplinary action will be taken against an employee who commits
or participates in any form of sexual harassment. Prompt action will also be taken against
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customers, vendors, and citizens who commit or participate in any form of sexual
harassment.
A. Sexual harassment is defined as unwanted, unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct which has the effect of
creating an offensive, intimidating, degrading or hostile work environment, or
adversely interferes with or affects an employee's work performance. It can include
verbal behavior such as unwanted sexual comments, suggestions, jokes, or behavior
such as suggestive looks and leering, and physical behavior such as pats or
squeezes, or repeated brushing against someone's body.
B. Hostile environment sexual harassment involves sexual conduct which unreasonably
interferes with an employee's work environment or creates an intimidating, hostile,
or offensive working environment. This form of sexual harassment need not have any
tangible economic consequences to the employee. Actions of co-workers can also
create a hostile environment.
1.04.020 Any employee who believes he or she is being sexually harassed or subjected to a hostile
work environment should immediately notifytheir Department Director, or if the complaint
involves the Department Director, the City Administrator, or if the complaint involves the
City Administrator, the Mayor. The City will not retaliate against an employee who
complains of sexual harassment. Employees who become aware of discriminatory
behavior, including sexual harassment, are obligated to bring it to the attention of a
supervisor or the City Administrator.
1.04.030 The City will promptly investigate the complaint. The investigation may include interviews
with the parties or employees who may have observed the harassment or may have
experienced similar harassment. If the investigation reveals thatthe employee did engage
in sexual harassment, appropriate action will be taken. An investigation of alleged
harassment will be confidential. Onlythe complainant and alleged harasser will be notified
of the results.
1.05 DEFINITIONS
A. City Administrator: The employee appointed by and serving at the pleasure of the
Mayor to assist the Mayor with administrative and policy related responsibilities.
B. Department Director: An employee who is an exempt employee and has responsibility
for directing one or more departments as designated by the Mayor including, but not
limited to Human Resources Director, Chief of Police, , Finance Director, Public
Services Director, IT Director and the Court Administrator.
C. Exempt Employee: A salaried employee who holds an administrative, professional or
executive position not entitled to overtime pay.
D. Family Member: An employee's spouse, child, domestic partner, parent, brother,
sister, brother or sister-in-law, mother or father-in-law, son or daughter-in-law and all
relatives of direct lineage such as grandchildren, grandparents, great-grandchildren
and great-grandparents.
E. Full-time Employee: An employee who, on a continuing basis, regularly works an
average of 40 hours per week/52 weeks per year.
F. Hostile Work Environment: Involves sexual conduct which unreasonably interferes
with an employee's work environment or creates an intimidating, hostile, or offensive
working environment.
K
G Permanent Part -Time Employee: An employee who is scheduled to work an average
of fewer than 40 hours per week or less than 52 weeks per year. Part-time employees
are eligible for benefits on a pro -rata basis as authorized by the City Council.
H. Regular Employee: A full-time or part-time employee who is not a temporary employee
and who has successfully completed a probationary period. (Resolution 270, 10/92)
I. Temporary Employee (Full- or Part-time): An employee who holds a job of limited
duration arising out of special projects, abnormal workloads or emergencies.
Temporary employees are not eligible for City benefits except as recommended by
the City Administrator and approved by the Mayor.
J. Probationary Employee: An employee who has not successfully completed an initial
probationary employment period.
1.06 EMPLOYEE PERSONNEL RECORDS
1.06.010 A personnel file for each employee is kept in the Personnel Office and is the property of
the City. Access is limited to the employee's immediate supervisor and Department
Director, the City Clerk, the City Administrator, the Mayor, and any other personnel
authorized by the City Administrator and/or the employee. An employee's personnel file
contains the employee's name, title and/or position held, job description, department to
which the employee is assigned, salary, changes in employment status, training received,
performance evaluations, personnel actions affecting the employee, including discipline,
and other pertinent information.
1.06.020 An employee has the right to review his or her file. An employee may request removal of
irrelevant or erroneous information in his or her personnel file. If the City denies the
employee's request to remove the information, the employee may submit a written
rebuttal statement to be placed in the file.
1.06.030 Personnel files are kept confidential to the maximum extent permitted by law. Except for
routine verifications of employment, no information from an employee's personnel file will
be released to the public, including the press, without a written request for specific
information or in response to a valid court order or government request.
1.07 REFERENCES
1.07.010 Upon request and after written consent, the City Administrator or Mayor may provide
employment references on current or former regular City employees or volunteers.
1.07.020 Except as provided in Subsections 1.70.05 and 1.70.06 below, no information of any kind
shall be released, either orally or in writing, directly or indirectly, unless and until written
consent first be obtained from the affected employee or former employee; and
1.07.030 "Blacklisting" as a policy is expressly condemned; no employee shall engage in such
practice, or directly or indirectly cooperate with any attempt by any other person or agency
to engage in such prohibited practice; and
1.07.040 A cumulative log sheet shall be kept in each individual's permanent personnel file, as a
part thereof, and an entry shall be made therein contemporaneously with each and every
release of information regarding that file or individual, including but not limited to the
following:
A. what information is released;
B. when such information release occurred;
C. in what form the information was released;
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D. to whom the information was released.
1.07.050 No subjective opinions shall be ventured; rather, information released shall be confined
to objective information (e.g., date of first/last employment; promotions/demotions;
highest rank held; beginning/final salary; number of commendations/reprimands
received in writing; if employment is ended/continuing; if ended, whether ended by
termination/resignation; attendance/absence data.)
1.07.060 Telephone inquiries, if received regarding a current employee, shall be subject to the
following procedures:
A. The person/agency inquiring shall be first identified, his/her telephone number
obtained, and the purpose of the inquiry ascertained;
B. The employee shall next be contacted for consent to respond;
C. If consent has been obtained, the inquirer shall be recalled, and information may be
released orally, strictly limited to:
1. Dates of employment;
2. Job title(s) held;
3. Attendance/absence statistics;
4. Current salary or wage.
If more information is desired, the request and consent, and the disclosure, shall be in
writing.
1.07.070 No telephone inquiry shall be honored or information released in response thereto with
respect to a former employee without a signed release submitted by the former employee.
Destruction oOf Personnel Records
1.08.010 At the discretion of the City Clerk, personnel files and payroll records are maintained in
accordance with the Washington State Archives Records Retention Schedule after the
employee has ceased to work for the City. Former employee's names, date of termination
or separation, social security number, a date of employment and job classification will be
listed on the City's employee history index.
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Chapter 2 HOURS AND ATTENDANCE
2.01 WORKING HOURS
2.01.010 The i_41,, --v, _ :::i I i-..- hours are determined by the Department Director in
conjunction with services provided and the needs of the community. .
2.01.020 A normal working schedule for regular, full-time employees consists of forty (40) hours
each work week or one hundred and seventy-three and one/third (173.33) hours per
month. Different work schedules may be established by the City to meet job assignments
and provide necessary City services. Each Department Director will advise each employee
regarding specific working hours.
2.01.030 Part-time and temporary employees will work hours as specified by their Department
Directors.
2.02 HOURS OF WORK AND OVERTIME
2.02.010 All City positions are designated as either "exempt" or "non-exempt" according to state
law and the Fair Labor Standards Act ("FLSA") regulations.
2.02.020 For most City employees, the standard number of work hours is forty (40) hours within a
seven (7) day work period. Atypical work period is one week beginning at 12:01 a.m. each
Saturday. For law enforcement ("Section K") employees, the standard number of work
hours is ninety-two (92) hours during a fifteen (15) day work period. Alternative work
weeks may be established by Department Directors, with approval of the City
Administrator, to accommodate flex -time schedules or to meet department needs on a
temporary or regular basis.
2.02.030 Non-exempt employees are entitled to additional cash compensation whenever they work
more than eight (8) hours per day.
2.02.040 All non -emergency workweek overtime must be authorized in advance.
2.02.050 Overtime pay is calculated at one and one-half times the employee's regular rate of pay
for all time worked beyond the established work -period.
2.02.060 Holiday, sick leave and vacation time is not counted as hours worked when computing
overtime.
2.02.070 The exempt employees of the City are the City Administrator, City Clerk, Human Resources
Director, Chief of Police, Assistant Chief of Police, Court Administrator, Public Services
Director, Finance Director, IT Director, Projects and Programs Manager, Planning and
Building Manager, Operations Manager, City Engineer and the Municipal Judge. The list
of exempt employees is not all inclusive. (Res 543; 7/13, Res 428; 1/02; 370, 2/98)
2.03 COMPENSATORY TIME
2.03.010 Non-exempt employees working overtime may elect to receive compensatory time credit
instead of a cash payment. The election is made on the employee's attendance card and
is approved on a case-by-case basis by the employee's Department Director.- If the
compensatory time option is exercised, the employee is credited with one and one-half
times the actual number of overtime hours worked.
2.03.020 Employees may exchange accrued compensatory time for cash. Requests must be
submitted on the 'Request for Payment of Accrued Time" form along with the regular
monthly time sheet. All payment requests must be pre -approved by the Department
Director and Human Resources prior to being turned into payroll.
i•7
2.03.030 Beginning January 1, accrued compensatory time in excess of 40 hours remaining as of
November 15 of each year will be paid with the November end -of -month paycheck. Any
compensatory hours accrued after November 15 will be carried forward to the next year.
2.04 ATTENDANCE
2.04.010 Punctual and consistent attendance is a condition of employment. Each Department
Director is responsible for maintaining an accurate attendance record of each employee.
2.04.020 Employees unable to work or unable to report to work on time should notify their
Department Director as soon as possible, ordinarily before the work day begins or within
thirty minutes of the usual starting time. If an absence continues beyond one day, the
employee is responsible for reporting in each day. If the Department Director is not
available, the employee may leave a message with the City Administrator stating the
reason for being late or unable to report for work.
2.04.030 In the event of inclement weather, all city buildings and operations are considered
normal. If an employee is unable to get to work on time, or receives permission to leave
work early, the employee must use leave time. As in any other case of late arrival or
absence, the employee shall notify their supervisor. The order of leave used is: 1.
Compensatory time, 2. Vacation, 3. Floating holiday or accrued holiday hours, 4. Sick
leave, 5. Leave without pay (if all leave has been exhausted). During times of inclement
weather, it is essential that the City continue to provide vital public services. Therefore,
it is expected that employees make every reasonable effort to report to work without
endangering their personal safety. If a closure is announced in advance of the work day
by the Mayor or designee and employees do not report on that basis, regular, full-time
and regular, part-time employees will remain in paid status for the closure date
announced. Employees deemed as essential employees would receive comp time for
every hour worked in the declared emergency time frame.
2.04.040 An employee who is absent without authorization or notification is subject to disciplinary
action, including possible termination.
2.05 BREAKS AND MEAL PERIODS
2.05.010 Employees may take one (1) fifteen -minute break for every four hours worked. All breaks
shall be arranged so that they do not interfere with City business or service to the public.
The employee's Department Director will schedule meal periods. The scheduling of meal
periods may vary depending on department workload. Meal periods are unpaid and
usually one hour in length. Exceptions may be made at the discretion of the Department
Director.
2.06 CALL BACK
2.06.010 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
immediate disciplinary action, including possible termination. Employees called back to
duty will be paid a minimum of two (2) hours overtime at one and one-half times the
regular rate of pay. An exception to this would be when the employee works within two
hours before or after the end of a regularly scheduled normal workday. When this occurs,
only the actual time worked shall be counted as overtime. This policy will also apply to
callback that occurs on a holiday.
0
2.07 PAYROLL RECORDS
2.07.010 The Finance -=JrUccaitmelt- 01 assigned designee keeps financial payroll
records. Each Department Director shall turn in on a monthly basis a signed work record
for each employee within their department, noting hours worked, leave taken and
overtime worked. Original time records are the property of the City and may not be
removed at any time for any reason. Copies will be provided following general practice
policies for Public Disclosure requests.
7
Chapter 3 RECRUITING AND HIRING
3.01 RECRUITING
3.01.010 Recruiting practices are conducted solely on the basis of ability, merit, qualifications, and
competence, without regard to race, color, religion, national origin, sex, marital status,
pregnancy, disability or age.
3.01.020 Each applicant shall complete and sign an application form prior to being considered for
any position. (See Attachment Section) Resumes may supplement but not replace the
City's official application.
3.01.030 If hired, any applicant supplying false or misleading information is subject to immediate
termination.
3.02 HIRING
3.02.010 When a position becomes vacant and priorto any posting or advertisement of the vacancy,
the Department Director will review the position, its job description and the need for such
a position. The Department Director will prepare and submit a written request to fill the
position to the City Administrator. The position will be posted and/or advertised only after
the City Administrator and the Mayor have approved the request.
3.02.020 Any announcement of position vacancies should include the title of the position, a brief
description of the position's minimum or preferred qualifications, the position's essential
duties, salary range, general description of all the benefits, the dates application will be
accepted for the position, and the place and manner of filing application. All
announcements should state that the City is an "Equal Opportunity Employer." The City
Administrator may add additional information to the announcement. All applications
should be on a form supplied by the City Clerk's Office.
3.02.030 The Department Director will establish procedures in consultation with the City
Administrator for selecting the best -qualified applicant. Selection criteria will measure
each applicant's qualifications, experience and ability to perform the duties and
responsibilities of the position. The Department Director will screen applicants, conduct
interviews and check references after consultation with the City Administrator and Mayor,
or as otherwise required by state or federal law.
3.02.040 Residency within the City is not a condition of employment provided that an employee's
selection of residence shall not interfere with the daily performance of duties and
responsibilities.
3.02.050 Applicants for positions in which the applicant is expected to operate a motor vehicle must
be at least 18 years old and will be required to present a valid Washington State driver's
license with any necessary endorsements and a five (5) year authenticated driving record.
Applicants with poor driving records, as determined by the City, may be disqualified for
employment with the City in positions requiring driving. City employees who drive pursuant
to their employment may need to have riders on their personal vehicle insurance policies,
if they drive their own vehicles. If the employee's insurance company requires a business
rider, the City will pay the premium.
3.02.060 The City may administer pre-employment examinations to test the qualifications and
ability of applicants, as determined necessary by the City. The City may contract with any
competent agency or individual to prepare and/or administer examinations.
3.02.070 After an offer of employment has been made and prior to commencement of employment,
the City may require persons selected for employment to successfully pass a medical
8
examination, which may include testing for alcohol and controlled substances. The
purpose of the examination is to determine if the individual is physically able to perform
the job and to ensure his or her physical condition will not endanger the health, safety or
wellbeing of other employees or the public. The offer of employment will be conditioned
on the results of the examination. Any medical records relating to physical examinations
or other medical records involving applicants or employees will be kept confidential.
3.02.080 A candidate maybe disqualified from employment if:
A. found physically unable to perform the duties of the position and the individual's
condition cannot reasonably be accommodated in the workplace;
B. the candidate refuses to submit to a medical examination or complete medical
history forms;
C. if the exam reveals abuse of alcohol and/or controlled substances.
3.03 TEMPORARY EMPLOYEES
3.03.010 On recommendation by the Department Director and with approval of the Mayor and City
Administrator, and based upon budget availability, temporary employees may be used
during emergencies or other peak workload periods to temporarily replace regular
employees who are absent due to disability, illness, vacation or other approved leave, or
to temporarily fill a vacancy until a regular employee is hired.
3.03.020 Temporary employees may be hired without competitive recruitment or examination.
3.03.030 Temporary employees are eligible for overtime pay as required by law. Temporary
employees are not eligible for City benefits except as recommended by the City
Administrator and approved by the Mayor.
3.03.040 Temporary employees are at -will employees. They may be terminated without the hearing
and notice provided for by Section 10.2. (Resolution 270, 10/92)
3.04 PROBATIONARY PERIOD
3.04.010 All newly hired, rehired former employees, and employees promoted to a new
classification, enter a probationary period which is considered an integral part of the
selection and evaluation process. Duringthe probationary period an employee is required
to demonstrate suitability for the position through actual work performance.
3.04.020 The minimum probationary period is six (6) months from the employee's date of hire,
rehire, or promotion. The probationary period may be extended if in the discretion of the
City Administrator any aspect of the employee's performance does not meet minimum
requirements. The probationary period shall not be shortened for any reason. A
probationary employee will be evaluated at least every three (3) months.
3.04.022 The probationary period for police officers is one year excluding time spent in the
academy.
3.04.030 Newly hired employees and rehired probationary employees accrue vacation and sick
leave, but are not eligible to use vacation until after their probationary period is
successfully completed, except as authorized by the City Administrator or Mayor.
3.04.040 During the probationary period, newly hired employees, and rehired former employees,
may be terminated at any time for any reason, with or without cause and with or without
notice.
3.04.050 When a Department Director determines an employee has satisfactorily completed the
probationary period, the Department Director shall prepare a written performance
is]
evaluation, which will be reviewed by the City Administrator. If the probationary period is
satisfactorily completed, the employee may continue as a regular employee.
3.05 EMPLOYMENT OF RELATIVE (NEPOTISM)
3.05.010 Family Members will not be employed by the City under any of the following
circumstances:
A. Where one of the parties would have authority or practical power to affect any term
or condition of the other's employment.
B. Where one party would be responsible for auditing the work of the other;
C. Where both parties would report to the same supervisor;
D. Where in the opinion of the Mayor and the City Administrator other circumstances
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;
E. Where one of the parties is the City Administrator, Mayor or a member of the City
Council.
F. Where one of the panties would handle confidential material which might create the
appearance of improper or inappropriate access to that material by the other.
3.05.020 Family Member: An employee's spouse, child, domestic partner, parent, brother, sister,
brother or sister-in-law, mother or father-in-law, son or daughter-in-law and all relatives of
direct lineage such as grandchildren, grandparents, great-grandchildren and great-
grandparents.
3.05.030 If the above circumstances result from new marriage, new sharing of living quarters with
one another, election, or other change in circumstances and in the Mayor and City
Administrator's judgment the potential problems noted above exist or reasonably could
exist, only one of the employees will be permitted to remain employed with the City. The
decision as to which relative will remain with the City must be made by the two employees
within thirty (30) calendar days of receiving written notice from the City Administrator that
such election be made. If no decision is made during this time, the City will terminate one
of the employees as it deems in its best interest.
3.06 PROMOTIONS AND TRANSFERS
3.06.010 The City encourages current City employees to apply for vacant City positions for which
they are qualified. Promotions and transfers are based on the Department Director's
recommendation, work force requirements, performance evaluations, job descriptions
and related City requirements.
3.06.020 Regular employees are eligible for promotion, transfer or voluntary demotion. To be
considered for another position, an employee must possess the qualifications for the
vacant position.
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Chapter 4 COMPENSATION
4.01 SALARY CLASSIFICATION AND GRADES
4.01.010 Each position within the City is placed into one of the City's classifications for salary
purposes. This classification is based on job requirements such as education and training,
level of responsibility, difficulty, working conditions, skill, hazard, and amount of
supervision required. Each classification is designated on the City's salary and wage
schedule, which is approved annually by the City Council.
4.02 EMPLOYEE PAY RATES
4.02.010 Employees will be paid within the wage range to which their positions are assigned based
on the City's current Salary Step Schedule. Employees usually advance from one step to
the next step concurrent with calendar year changes.
4.02.020 New employees will either start their employment at the minimum wage rate for their
classification, or at a higher rate when warranted.
4.02.030 Pay increases are discretionary and contingent upon performance, and annual budget
approval. If an employee's performance is consistently unsatisfactory, the City
Administrator on recommendation of the Department Director and with written approval
from the Mayor may defer a scheduled pay increase for a stipulated period of time or until
the employee's job performance is satisfactory. Such action should be documented in the
employee's file.
4.02.040 The Mayor may propose and the City Council may grant an across the board pay
adjustment (cost -of -living increase) from time to time, raising the salaries of all positions
by a specified amount or percentage within a defined group of classifications. Such
adjustments if any will not change an employee's next scheduled step pay increase.
4.03 PAYDAYS
4.03.010 City employees are paid monthly on the fifth day of each month following the close of the
preceding calendar month pay period. When the fifth falls on a Saturday, Sunday, or
holiday, checks will be released on the preceding Friday.
The City will not issue paychecks early except in emergency conditions. Requests for an
early paycheck must be made to the City Clerk via the Department Director. The City
Administrator will determine if the reason for an employee's requestfor an early paycheck
is an appropriate emergency. (Resolution 428, 11/02; 291, 5/93)
4.04 DEDUCTIONS
4.04.010 Some regular deductions from the employee's earnings are required by law. Other
deductions are specifically authorized by the employee. The City will withhold from the
employee's paycheck those deductions required by law and any voluntary deductions
authorized by the employee, applicable union contract, or statute.
4.05 TRAVEL EXPENSE REIMBURSEMENT
4.05.010 City employees will be reimbursed for reasonable and customary expenses actually
incurred in connection with the business of the City, including food, and travel expenses
while away from the City, but excluding any expenses for alcoholic beverages. If private
automobiles are used, employees will be reimbursed at the Internal Revenue Service rate
approved for business travel. (Ordinance 652, 1/99) Sharing of vehicles should be done
whenever possible. Tips, not to exceed 15%, for meals, taxis, or baggage handling are
11
reimbursable. Expenses associated with commuting or travel to and from an employee's
home to the place of work are not reimbursable.
4.05.020 Requests for advances or reimbursement shall be submitted on an expense report form
signed by the employee and shall include receipts. The City Administrator must approve
any advances.
4.06 COMPENSATION UPON SEPARATION OR TERMINATION
4.06.010 When an employee's employment with the City is terminated, for whatever reason, the
employee will receive the following compensation:
A. Regular wages for all hours worked up to the time of separation/termination which
have not already been paid.
B. Any overtime or holiday pay due.
C. A lump sum payment for any accrued but unused vacation and compensatory time,
plus 25 percent of accrued, unused sick leave up to a maximum equivalent of one
month's gross salary.
D. Payment of final compensation will be processed at the next payroll -processing
period.
4.06.020 Severance benefits objective; when it is necessary to involuntarily separate an exempt
employee for reasons unrelated to performance or conduct:, it is the City's objective to
provide severance benefits as outlined in the policy.
A. This policy applies to the following exempt positions: City Administrator, City Clerk,
Human Resources Director, IT Director, Municipal Court Administrator, Finance
Director, Public Services Director, Chief of Police, and Assistant Chief of Police
B. Involuntary separation includes, but is not limited to, terminations and layoffs from
employment with the City, or being placed on involuntary separation or equivalent
status, due to budget reductions, agency reorganizations, workforce downsizings, or
other causes not related to the job performance, misconduct of the employee, or
voluntary resignations.
C. Severance payments are based on years of service. Eligible employees will be entitled
to severance payments, paid together with the final paycheck, based on the following
formula:
Years of Consecutive Service Amount of Benefit
2 Years or less
3 - 5 Years
6 Years or more
2 Weeks Salary
4 Weeks Salary
6 Weeks Salary
Partial years of service will be rounded to the next highest year for the purpose of
determining the severance benefit. Partial years of service will not affect leave
accrual or years toward service for retirement purposes. The maximum severance
benefit to which an employee may be entitled is 6 weeks of salary.
F�%
Chapter 5 PERFORMANCE EVALUATIONS AND TRAINING
5.01 PERFORMANCE EVALUATIONS
5.01.010 To achieve the City's goal of training, promoting and retaining the best -qualified employee
for every job, the City conducts periodic performance evaluations for all positions.
5.01.020 The City Clerk is responsible for developing and maintaining the City's performance
evaluation program.
5.01.030 Prior to completion of their probationary period, and thereafter on or before April 30 of
each year, each employee is to be evaluated in writing by their Department Director. Each
Department Director is to be evaluated bythe City Administrator and the Mayor, with input
from the City Council Liaison, and the City Administrator is to be evaluated by the Mayor.
5.01.040 The evaluation becomes -a -part -of an -employee's -personnel record and -will be a factor -in -
determining all actions relating to the employee's employment with the City.
5.02 TRAINING POLICY
5.02.010 The City seeks, within the limits of available resources, to offer training to increase an
employee's skills, 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. Permission of the
Department Director is required to attend training sessions at City expense or during
working hours.
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Chapter 6 BENEFITS
6.01 RETIREMENT BENEFITS
6.01.010 The City 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.
6.01.020 All regular fully commissioned uniformed employees in the police department are covered
by the Law Enforcement Officers' and Firefighters' Retirement System (LEOFF). The State
of Washington sets benefit levels and contributions rates.
6.01.030 All regular full-time and eligible part-time non-uniform employees are covered under the
Public Employees Retirement System (PERS).
6.01.040 Temporary employees who work more than 70 hours per month for more than five (5)
months per year will receive retirement benefits.
6.01.050 Employees intending to retire shall notify their Department Director of their intent to retire
at least three months prior to the date of retirement.
6.02 DISABILITY BENEFITS
6.02.010 All employees, except those covered by LEOFF I, are covered by the State Industrial
Insurance program (worker's compensation). This type of insurance covers employees in
case of on-the-job injuries or job-related illnesses. For qualifying cases, State Industrial
Insurance will pay the employee for workdays lost for any disability resulting from job-
related injuries or illnesses. All job-related accidents should be reported immediately to
the Department Director or City Administrator.
6.02.020 When an employee is absent for one or more days due to an on-the-job accident, the
employee is required to file a claim for coverage under Washington State Department of
Labor and Industries (L&I) for Worker's Compensation benefits. If the employee files an
uncontested claim for such benefits, the City will continue to pay the employee's regular
pay or base salary by using the employee's unused sick leave pending receipt of the
employee's first check for Worker's Compensation benefits.
6.02.030 An employee is not entitled to receive sick leave benefits and retain worker's
compensation benefits for the same pay period when those combined benefits exceed
the employee's regular pay or base salary. To the extent an employee later receives
worker's compensation benefits for hours previously paid through the employee's sick
leave, the sums representing any duplication in compensation must be promptly repaid
to the City at the time the employee first receives worker's compensation benefits.
6.02.040 Employees drawing against sick leave while recovering from a qualified L&I injury may
request that an amount representing their reimbursement of wages from L&I, be either:
A. withheld from their next regular paycheck, along with a signed acknowledgement
approving the City's right to withhold; or
B. be reimbursed to the City by assigning all or part of their worker's compensation
check to the City at the time such check is initially received.
6.02.050 The City may require an examination at its expense performed by a physician of its choice
to determine when the employee can return to work and when the employee will be
capable of performing the duties and responsibilities of the position.
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6.03 INSURANCE BENEFITS
6.03.010 All regular full-time and permanent part-time employees (Ordinance 470, 6/93) are
eligible to participate in City's insurance programs. The level of funding per employee and
any City contribution for family members is established by the Yelm City Council and
adopted as part of the annual budget. The programs will be explained at the time the
employee becomes eligible to join.
6.03.020 If openings exist, an employee may elect to forego enrollment in the City sponsored
medical insurance plan. Upon request of an employee, and with City Council approval, an
amount of $150.00 per month may be awarded to full-time employees in lieu of medical
insurance. (Resolution 313, 7/94) Part-time employees working more than half time, but
less than full-time shall be eligible to receive one half of the stipend amount. (Resolution
348, 7/96) This option may be made available only as long as the participation
requirements of the insurance provider are met. If no openings exist, part-time employees
shall be required to enroll in the City sponsored medical plan. Temporary employees are
not eligible for benefits.
A. As vacancies to receive cash in lieu of medical insurance benefits occur they will be
announced. Employees will at that time be given an opportunity to apply to fill
vacancies based on seniority and other factors as determined by the City
Administrator and Mayor. Reinstatement of medical insurance at anytime other than
during open enrollment (January 1) will result in the employee being responsible for
payment of both the employee's and employer's costs from the reinstatement date
to the last open enrollment period.
NOTE: Eligible part-time employees receive pro -rata benefits based on the number of
hours worked each week (i.e., 20 hours per week receives 50% benefit) and are
responsible for payment of the difference between the city paid pro -rata share and
the actual cost of insurance benefits. (Ordinance 470, 6/93) Temporary employees
are not eligible for insurance benefits.
B. Upon the date of hire, the employee becomes eligible for insurance benefits for
themselves, their spouse and eligible dependents as determined by the insurance
company. (Resolution 471) Benefits include medical, dental, vision and employee
assistance program. The only exception from this practice would be for negotiated
approval labor or employee contracts.
6.03.030 Upon mutual agreement between the employee and the City, and in accordance with the
terms and conditions of the insurance policy, the City will continue health insurance
coverage at the employee's expense during an approved unpaid leave of absence. The
Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation rights may apply
in the event coverage is not extended through the City.
6.03.040 While an employee is receiving Worker's Compensation benefits, the City may continue to
pay the employee's health insurance premiums for six (6) month, after which the
employee may choose to use COBRA rights and self -pay insurance premiums.
6.03.050 Upon an employee's separation/termination from City employment, at the employee's
option and expense, the employee may elect to continue City health insurance benefits to
the extent provided under COBRA. Continuation rights are not available if an employee is
terminated for "gross misconduct."
6.03.060 An administrative handling fee over and above the cost of the insurance premium may be
charged the employee or any dependents electing to exercise their COBRA continuation
rights.
15
6.03.070 The City participates in the Washington State Unemployment Compensation Program.
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Chapter 7 LEAVES OF ABSENCE AND TIME OFF
7.01 LEAVES
7.01.010 The City hasten (10) different types of leave:
LEAVE TYPE
SECTION
Vacation Leave
7.02
Sick Leave
7.03
Parental Leave
7.03.030
Shared Leave
7.03.070
Bereavement- Leave
7.04
Leave w/out Pay
7.05
Jury and Witness Leave
7.06
Administrative Leave
7.07
Military Leave
7.08
Decision Making Leave
10.01.060
NOTE: Eligible part-time employees receive pro -rata leave benefits based on the number
of hours worked each week. (i.e., 20 hours per week receives 50% leave benefit.)
Temporary employees are not eligible for leave benefits unless approved by the Mayor
and City Administrator.
7.02 VACATION
7.02.010 Vacation leave accrues monthly. Each regular full-time and eligible part-time employee is
entitled to vacation leave as follows:
Full Months of Employment
0-24
25-48
49-120
121-180
181-240
241 or more
Vacation Hours Earned Per Month
8 hours
8.67 hours
10 hours
13.33 hours
15 hours
16.67 hours
7.02.020 Except as approved by the Mayor and City Administrator, all new employees must
satisfactorily complete their probationary period to be entitled to use accrued vacation
leave.
7.02.030 Employee leave requests must be submitted to their Department Director. (See
Attachment Section) Each department is responsible for scheduling its employees'
vacations without undue disruption of department operations.
7.02.040 A maximum of 240 vacation hours may be carried over from one calendar year to the next.
It is the employee's responsibility to schedule vacation leave far enough in advance to
accommodate this policy. Failure to do so may result in loss of accrued vacation time. In
cases where City operations have made it impossible for an employee to use vacation
time, the Department Director, with the approval of the City Administrator and Mayor may
authorize additional carry over.
7.02.050 Employees will be paid for unused vacation time upon separation/ termination from City
employment.
7.03 SICK LEAVE
7.03.010 All full-time and eligible part-time employees, accrue sick leave benefits atthe rate of eight
(8) hours, or pro -rated if part-time, for each calendar month of continuous employment.
17
Part-time employees not otherwise eligible for benefits, seasonal employees, and
temporary employees earn sick leave at the rate of one (1) hour of sick leave for every
forty (40) hours worked.
7.03.020 Employees accrue and may use sick leave during their probationary periods. Temporary
and seasonal employees earn sick leave benefits upon hire, but may not use sick leave
until the ninetieth (90th) calendar day of employment. Employees do not accrue sick leave
benefits during a leave without pay.
7.03.030 Authorized purposes: Sick leave covers those situations in which an employee is absent
from work due to:
A. Physical or mental injury, health condition or illness to the employee;
B. The need to care for the employee's family member with a physical or mental injury,
health condition, or illness, "Family member" is defined by RCW 49.46.210 and
includes children, parents, spouses, registered domestic partners, grandparents,
grandchildren, and siblings.
C. Medical or dental appointments for the employee, or family member provided that
the employee must make a reasonable effort to schedule such appointments at
times which have the least interference with the work day;
D. Exposure to a contagious disease where on-the-job presence of the employee would
jeopardize the health of others;
E. Use of a prescription or over the counter drugs which impair job performance or
safety;
F. Actual periods of temporary disability and maternal or paternal care associated with
pregnancy or childbirth. In association with the birth or adoption of the employee's
child, the employee may take an additional thirty (30) working yc-44;ed&vs" ii i, I_
off beyond the actual period of disability; for this purpose vacation leave,
compensatory time, or sick leave may be used. An employee lacking sufficient
combined accrued leave to take advantage of maternal/paternal leave benefits as
described in this section may request a maximum of (15) fifteen days of shared leave.
The employee must meet requirements identified in the City's Shared Leave
Ordinance. No. 472, as amended by Ordinance 501 (Resolution 310, 4/94)
G. Actual periods of disability associated with the death of a family member as defined
in Section 1.5, subsection D.
H. When either the City or a school or place of care attended by an employee's child is
closed by a public official for any health reason.
I. Absences due to domestic violence, stalking, or assault that qualify for leave under
Washington's domestic violence leave act, RCW 49.76.
7.03.040 A doctor's certification of ability to return to work may be required when an employee is
absent for a period in excess of (3) three days. The City may also request a note from a
doctor to verify the sick leave was taken for an authorized purpose. The City has the
discretion to excuse an employee from the verification requirement if the employee
established an unreasonable burden or expense in connection with obtaining a note. The
opinion of a second doctor at the City's expense to determine whether the employee
suffers from a chronic physical or mental condition which impairs his or her ability to
perform the job. Employees who are habitually absent due to illness or disability may be
terminated if their disability cannot be reasonably accommodated and/or when the
18
employee's absenteeism prevents the orderly and efficient provision of services to the
citizens of the City.
7.03.050 Employees who use all their accumulated sick leave and require more time off work due
to illness or injury may use vacation leave or compensatory time or, with the City
Administrator's and Mayor's prior approval, may take leave without pay.
7.03.060 Employees will be paid for 25% of any unused sick leave, up to a maximum of one month's
gross salary, upon separation/termination from City service.
7.03.070 Employees may each donate vacation, holiday, comp time or sick leave to any other
regular employee who has been approved to receive shared leave when the employee has
exhausted his or her bank of available paid leave. Donations are entirely voluntary.
Donating employees must retain a minimum of ten (10) days accrued leave. Leave
amounts are deducted equally from all donors in incremental amounts as needed to
balance the monthly requirement of the receiver. (Full details are found in Ordinance No.
472, 7/93, which is available upon request.)
7.04 BEREAVEMENT LEAVE
7.04.010 Up to forty hours of leave due to the death of a family member. An employee's family
member includes an employee's spouse, child, domestic partner, parent, brother, sister,
brother or sister-in-law, mother or father-in-law, son or daughter-in-law and all relatives of
direct lineage such as grandchildren, grandparents, great-grandchildren and great-
grandparents. Bereavement leave requests are made to and approved by the City
Administrator.
7.05 LEAVE WITHOUT PAY
7.05.010 The Mayor and City Administrator may grant leaves of absence without pay for an absence
from work not covered by any other type of leave or if other leave balances are exhausted.
Examples of situations for which leave without pay may be granted include time off work
for personal reasons, such as prolonged illness, a Labor and Industries eligible injury
recovery period, parenting, caring for an ill relative, pursuing an education, or fulfilling a
military obligation in excess of fifteen (15) days. Section 7.05 does not apply to unpaid
holiday leave defined in Section 7.10.
7.05.020 Only regular full and part-time employees who have satisfactorily completed their
probationary period are eligible for leave without pay. The following requirements apply
unless otherwise required by law:
A. Leave may be granted to an employee for a period of up to 60 workdays upon the
approval of the City Administrator and Mayor. Extensions require the approval of and
are at the discretion of the City Council.
B. Unpaid leave is taken in full hour increments.
C. All accrued leave, if any, must be exhausted prior to taking any leave without pay.
D. An employee's benefits are suspended during the period of unpaid leave until the
employee returns to work. Vacation, sick leave and/or any other benefits do not
accrue while an employee is on leave without pay.
E. In certain circumstances, self -payment of benefits may apply. (Please see Section
6.3 on Insurance Benefits.)
F. An employee who fails to report promptly at the end of the unpaid leave is presumed
to have resigned. An employee returning from a temporary disability may, at the City's
option, return to the same position or similar position at a comparable rate of pay.
19
7.05.030 If the leave without pay is due to an illness, the City may require a doctor's certificate
stating that the employee is capable of returning to work and performing the work, duties
and responsibilities of the employee's positions.
7.06 JURY DUTY AND WITNESS LEAVE
7.06.010 Employees will be granted time off with pay to serve on a jury or as a court witness. If an
employee is summoned during a critical work period, the City may ask the employee to
request a waiver from duty.
7.06.020 An employee granted such leave shall forward to the City any compensation received for
serving as a juror or witness during regular work hours.
7.07 ADMINISTRATIVE LEAVE
7.07.010 As determined by the Mayor to be in the best interests of the City during the pendency of
an investigation or other administrative proceeding and on a case-by-case basis, the City
may place an employee on administrative leave with or without payfor an indefinite period
of time. (Please see Section 10.1)
7.08 MILITARY LEAVE
7.08.010 Employees who are members of the National Guard or federal reserve military units may
be absent from their duties, with pay, for a period of up to twenty-one (21) work days per
calendar year when they are performing required military active or training duty and while
going to and from that duty. Reservists absent from a City position due to active military
duty will be reinstated in accordance with state and federal law.
7.09 HOLIDAYS
7.09.010 Regular full-time employees receive 11 :;_ id hol. d-ayspaid holidays per year. The following
holidays are recognized by the City:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Two Personal Leave Days
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 25
Date Selected by Employee
NOTE: Eligible part-time employees are paid for holiday hours on a pro -rata basis.
7.09.020 Any holiday falling on Saturday will be observed on the preceding Friday. Any holiday falling
on Sunday will be observed on the following Monday.
7.09.030 Employees who work on a holiday shall be paid for that day at a rate of 11/2 times their
straight time rate of pay. The holiday will remain in the employee's holiday hour accrual
and can be taken off throughout the year. Any accrued holiday hours remaining as of
November 15 of each year will be paid with the November end -of -month paycheck. Any
holiday hours accrued after November 15 will be carried forward to the next year.
7.09.040 Other types of leave may not be substituted for or used in place of holiday leave.
20
7.09.050 Police Department employees working in specialty positions (DARE, SRO, r,_!
will have a work schedule as designated by the Department Director. A work
week for these positions will not typically include holiday duty. Officers in specialty
positions must obtain prior approval from the Department Director prior to working on a
holiday.
7.09.060 For the purpose of this agreement, holiday pay will be paid based on the starting times
that occur on the actual day of the holiday.
7.09.070 Part-time employees receive the above benefits pro -rated according to hours worked.
7.09.080 Temporary employees will be paid at one and one-half times their regular straight -time
rate for hours worked on a holiday 7.09.070
7.09.090 New employees h-44ired prior to May 1 will be entitled to two (2) personal leave days for
that year. New employees hired on or after May 1 but before September 1 will be entitled
to one (1) personal leave day for that year. New employees hired on or after September 1
do not earn any personal leave days for that year. Personal leave days shall be scheduled
by employees so long as they do not unduly impact the City's daily operations. Personal
leave days must be used on or before December 31 and may not be carried forward.
Religious Holidays
7.10 RELIGIOUS HOLIDAYS
7.10.010 If an employee's religious beliefs require observance of a holiday not included in the basic
holiday schedule, or as an approved unpaid holiday, the employee may, with the
Department Director's approval, take the day off by using vacation, compensatory time.
7.10.020 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. Employees may select the days, unless
the absence would unduly disrupt operations, impose an undue hardship as defined by
the Office of Financial Management, or the employee is necessary to maintain public
safety. Unpaid holidays do not carry over from year to year and must be requested,
approved and taken within the calendar year. Employee shall submit a written requestfor
an unpaid holiday to their Department Director 14 days prior to the requested date.
7.11 FAMILY AND MEDICAL LEAVE ACT (FMLA) AND WASHINGTON'S FAMILY LEAVE ACT (WFLA)
7.11.010 It is the policy of the City, in accordance with federal and state law, to grant family medical
leave to eligible employees.
The federal Family and Medical Leave Act (FMLA) and Washington's Family Leave Act
(WFLA) (hereinafter "FMLA") allows an eligible employee to take up to a total of 12 weeks
of leave (sick leave, annual leave, compensatory time, leave without pay, or shared leave)
in a 12 month rolling period, measured backward from the date the leave begins.
Under the FMLA's Military Caregiver Leave provisions, an employee who is a spouse, son,
daughter, parent, or next of kin of a covered service member with a serious injury or illness
may take up to a total of 26 work weeks of unpaid leave during a single 12 -month period
to care for the service member.
7.11.020 Eligible employees are those who have been employed by the City for at least 12 months
and have worked at least 1,250 hours during the 12 months preceding the leave.
(Employees who have returned from a military leave of absence in the past 12 months
but not yet worked 1,250 hours may also be eligible.)
21
Reduced hour employees who have worked for the City for the 12 month period preceding
a leave -qualifying event, but who have not worked at least 1,250 hours in said period shall
be eligible for FMLA leave; provided, however, that for purposes of determining the
employee's maximum hours of eligibility, the City shall determine the average hours
worked over the course of the past 12 months prior to the family medical leave period
and shall utilize this number as the basis for calculation of the employees normal work
week. The following events qualify for FMLA leave:
A. The birth and care of a newborn child of the employee;
B. Placement with the employee a son or daughter for adoption or foster care;
C. Providing care for an immediate family member (spouse, domestic partner, child or
parent) with a serious health condition;
D. Taking medical leave when the employee is unable to work because of a serious
health condition; or
E. for a qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is on active duty, or has been notified of an impending call or
orderto active duty status as a member of the National Guard or Reserves in support
of a contingency operation.
7.11.030 Medical Caregiver Leave - Eligible employees may take up to twenty-six (26) weeks of
military caregiver leave in a single twelve (12) month period: To care for a spouse, son,
daughter, parent or nearest blood relative who is a military service member with a serious
illness or injury sustained in the line of duty. Leave used to care for an injured or ill military
service member, when combined with other FMLA-qualifying reasons, may not exceed a
total of twenty-six (26) weeks in a single twelve (12) month period.
7.11.040 Military Family Leave - Employees may take up to fifteen (15) days of unpaid leave. During
a period of military conflict, when the spouse of an eligible employee is a member of the
armed forces of the United States, National Guard, or reserves and has been notified of
an impending call or order to active duty or has been deployed; or when the military
spouse is on leave from deployment. Note: an employee is eligible to take Military Family
Leave if he or she is employed by the City for an average of at least 20 hours per week.
7.11.050 Pregnancy and Childbirth Disability Leave - Eligible employees are entitled to an unpaid
leave of absence for periods of actual disability or incapacity due to pregnancy or
childbirth. This leave is in addition to Family Medical Leave taken for the birth of a child.
If the employee and spouse are both employed by the City, FMLA leave is limited to 12
weeks between both employees when used for the purpose of providing newborn,
adoptive, or foster child care. The employees may not take twelve weeks each in these
situations.
7.11.060 Calculating the leave year - Except in the case of Military Caregiver leave, an eligible
employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during
a 12 -month period. For purposes of leave taken pursuant to this policy, the City utilizes a
"rolling" 12 -month period for calculating an employee's leave entitlement. Under this
method, each time an employee takes FMLA leave the remaining leave entitlement would
be any balance of the 12 weeks which has not been used during the immediately
preceding 12 months.
The "single 12 -month period" for purposes of Military Caregiver Leave begins on the first
day the eligible employee takes such leave to care for a covered service member and
22
ends 12 months after that date. If an eligible employee does not take all of his or her 26
workweeks of leave entitlement to care for a covered service member during this "single
12 -month period," the remaining part of his or her 26 workweeks of leave entitlement to
care for the covered service member is forfeited.
Entitlement to FMLA leave for the care of a newborn child or of a newly adopted or foster
child expires 12 months from the date of birth or adoption.
7.11.070 Definitions: For the purposes of the family medical leave policy, the following terms are
defined:
A. "Child" - means a child either under 18 years of age or older who is incapable of self-
care because of a mental or physical disability. An employee's "child" is one for
whom the employee has actual day to day responsibility for care and includes a
biological, adopted, foster, or step child.
B. "Contingency Operation" - means those circumstances and situations as designated
so by the US Secretary of Defense.
C. "Covered Active Duty" - means duty during deployment to a foreign country if a
member of a regular component of the Armed Forces; for members of a reserve
component, it means duty during deployment to a foreign country under a call or
order to active duty pursuant to specified provisions of federal law.
D. "Medically Necessary" -means there must be a medical need for the leave and that
the leave can best be accomplished through an intermittent or reduced leave
schedule.
E. "Next of Kin" - means nearest blood relative or as further defined by the U.S.
Department of Labor.
F. "Qualified Exigency" - means those circumstances and situations as defined by the
US Department of Labor as they relate to the return of active military duty including:
short-term deployment, military events and related activities, childcare and school
activities, financial and legal arrangements, rest and recuperation, post -deployment
activities and additional activities where the City and the employee agree to the leave.
G. "Serious Health Condition" - means an illness, injury, impairment, or physical or
mental condition that involves either: an overnight stay in a medical care facility or
continuing treatment by a health care provider for a condition that either prevents
the employee from performing the functions of the employee's job, or prevents the
qualified family member from participating in school or other daily activities. Also
included in the definition of "serious health condition" are chronic conditions which
require periodic treatments, or conditions that may cause episodes of symptoms
preventing the employee from reporting for work. Examples of such conditions may
include, but are not limited to, most cancers, back conditions requiring extensive
therapy or surgery, severe arthritis, severe nervous disorders, Alzheimer's disease,
and kidney disease.
7.11.080 Use of Paid Leave as Part of Family and Medical Leave Period Required:
Employees requesting the use of unpaid family and medical leave shall normally be
required to exhaust their sick leave and vacation leave prior to approval of leave without
pay. An employee on both FMLA and time -loss from Worker's Compensation (L & 1) may
choose to use his/her available paid leave or to take FMLA time as unpaid time.
7.11.090 Employee Benefits During Periods of Family and Medical Leave:
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The City will continue the employer's share of the premiums for medical and dental
coverage for up to twelve (12) weeks of approved family and medical leave and up to a
total of twenty-six (26) weeks of approved leave for a military caregiver. Please work with
the Payroll Administrator to provide forms as needed. The City may recover premiums
paid for an employee's benefits if the employee fails to return to work after the period of
leave to which the employee is entitled has expired, unless the employee was using
his/her accrued paid leave (either sick leave or vacation) while on FMLA.
7.11.100 Job Protection Provisions: If an employee returns to work within the agreed upon time
period of family and medical leave, he/she will be reinstated to his/her former position or
an equivalent position with equivalent pay, benefits, status and authority. The employee's
restored status will be the same as it would have been had the employee not been on
leave. Thus, if the employee's position would have been eliminated or the employee
would have been terminated butforthe leave, the employee would not have any new right
to be reinstated upon return from leave.
7.11.110 Procedure: Employees who request a leave of absence, and employees who are absent
foran FMLAqualifyingreason mustcomplywith the process for taking and receivingFMLA
leave in accordance with the procedures set forth in this policy. If the City is aware that
the reason for an employee's absence may qualify as FMLA leave, the City will begin the
eligibility and qualification process, even if the employee does not specifically request
FMLA leave.
7.11.120 Notice Requirements:
A. Family Medical Leave: When an employee's need for Family Medical Leave is
foreseeable, the employee must provide at least 30 days advance notice to his/her
Department Director or the Human Resources Director. Whether the leave is to be
continuous or is to be taken intermittently or on a reduced schedule basis, notice
need only be given one time, but the employee must advise his/her Department
Director or Human Resources Director as soon as practicable if dates of scheduled
leave change, are extended, or were initially unknown. If an employee gives less than
30 days advance notice for foreseeable leave, the employee must respond to an
inquiry from his/her Department Director or Human Resources Director as to why it
was not practicable to give 30 day advance notice. In situations in which leave is
foreseeable based upon planned medical treatment, the employee must make a
reasonable effort to schedule leave so as not to unduly disrupt the operations of the
City. If the need for FMLA leave is unforeseeable and absent unusual circumstances,
the employee must provide notice of leave as soon as possible, normally by the
following business day. However, if an employee requires emergency medical
treatment, he/she is not required to follow the call-in procedure until his/her
condition is stabilized and he/she has access to, and is able to use, a telephone.
When an employee seeks leave for the first time for a FMLA-qualifying reason, the
employee need not expressly assert rights under the FMLA or even mention the
FMLA. When an employee seeks leave due to a FMLA-qualifying reason for which the
City has previously provided FMLA-protected leave, the employee must specifically
reference the qualifying reason for leave or the need for FMLA leave. In all cases,
the Human Resources Director may inquire further of the employee if it is necessary
to have more information about whether FMLA leave is beingsought bythe employee,
and obtain the necessary details of the leave to be taken.
B. "Qualifying Exigency" Leave: An employee must provide notice to the Human
Resources Director of the need for foreseeable leave due to a qualifying exigency as
soon as practicable. After the employee has notified the Human Resources Director
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of the need for leave for a qualifying exigency, the Human Resources Director will
provide the employee with Form WH -384 ("Certification of Qualifying Exigency For
Military Family Leave (Family and Medical Leave Act)") which must be completed and
returned within 15 calendar days unless it is not practicable to do so under the
particular circumstances despite the employee's diligent, good faith efforts.
C. Military Caregiver Leave: Employees seeking to use military caregiver leave are
expected to provide 30 days advance notice of the need to take leave for planned
medical treatment for a serious injury or illness of a covered service member. If leave
is foreseeable but 30 days advance notice is not practicable, the employee must
provide notice as soon as practicable - generally, either the same or next business
day. When the need for Military Caregiver Leave is not foreseeable, the employee
must provide notice to the employer as soon as practicable under the facts and
circumstances of the particular case.
After the employee has notified the City of the need for Military Caregiver Leave, the
Human Resources Director will provide the employee with Form WH -385
("Certification for Serious Injury or Illness of Covered Service member - -for Military
Family Leave (Family and Medical Leave Act)") which must be completed and
returned within 15 calendar days unless it is not practicable to do so under the
particular circumstances despite the employee's diligent, good faith efforts.
D. Military Family Leave: An eligible employee who seeks to take Military Family Leave
under this policy must provide his/her Department Director or the Human Resources
Director with notice of the employee's intention to take leave under this policy.
Absent extenuating circumstances, this notice must be provided within five business
days of receiving official notice of an impending call or order to active duty or of a
leave from deployment.
An employee who takes leave under this policy may elect to substitute any of the
accrued leave to which the employee may be entitled for any part of the leave
provided under this policy.
7.11.140 Certification Requirement:
A. Family Medical Leave: The City may require employees seeking Family Medical Leave
to provide medical certification of the employee's own serious health condition orthe
need to take leave because of the serious health condition of a covered family
member. If the City requests medical certification, it will notify the employee of this
request within 5 business days after the employee gives notice of the need for leave
or, in the case of unforeseen leave, within 5 business days after the leave
commences. The Human Resources Director will provide the employee requesting
leave with a "Certification of Health Care Provider" form (Form WH -380E for
employees and Form WH -380F for covered family members) for the employee to
submit to the health care provider to certify the need for leave. Employees must
provide such medical certification within 15 calendar days of receipt of the City's
request for such certification unless it is not practicable to do so under the particular
circumstances despite the employee's diligent, good faith efforts.
If the certification thatthe employeesubmits is incomplete or insufficient, the Human
Resources Director will advise the employee of this fact and will state in writing what
additional information is necessary to make the certification complete and sufficient.
A certification is considered incomplete if one or more of the applicable entries have
not been completed. A certification is considered insufficient if the certification is
complete, but the information provided is vague, ambiguous, or non-responsive. The
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employee will have 7 calendar days to cure any deficiency unless it is not practicable
to do so under the particular circumstances despite the employee's diligent, good
faith efforts.
If an employee submits a complete and sufficient certification signed by the health
care provider, the Human Resources Director will not request additional information
from the health care provider. However, the employer may contact the health care
provider for purposes of clarification and authentication of the medical certification
(whether initial certification or recertification) after the employer has given the
employee an opportunity to cure any deficiencies as set forth in the preceding
paragraph. To make such contact, the Human Resources Director will contact the
health care provider directly. Under no circumstances will the employee's direct
supervisor contact the employee's health care provider. If the Human Resources
Director is the direct supervisor of the employee, the City Administrator or his/her
designee will contact the health care provider.
While an employee may choose to comply with the certification requirement by
providing the Human Resources Director with an authorization, release, or waiver
allowingthe Human Resources Director to communicate directly with the health care
provider of the employee or his or her covered family member, the employee may not
be required to provide such an authorization, release, or waiver. In all instances in
which certification is requested, it is the employee's responsibility to provide the
Human Resources Director with complete and sufficient certification and failure to
do so may result in the denial of FMLA leave.
The City may deny an employee's request for FMLA leave if the employee fails to
provide medical certification within 15 days of the request unless not practicable due
to extenuating circumstances. Absent such extenuating circumstances, if the
employee fails to timely return the certification, the City may deny FMLA protections
for the leave following the expiration of the 15 -day time period until a sufficient
certification is provided. Any absences that occur during the period in which the City
has denied FMLA leave due to the failure to provide timely certification may be
treated under the City's normal attendance policies.
If the employee's FMLA leave runs concurrently with a workers' compensation
absence, the Human Resources Director may request additional information from the
employee's workers' compensation health care provider to the extent permitted by
the Industrial Insurance Act. Information received under those provisions may be
considered in determining the employee's entitlement to FMLA-protected leave.
Similarly, the Human Resources Director may request additional information in
accordance with a paid leave policyor disability plan that requires greater information
to qualify for payments or benefits. The Human Resources Director will inform the
employee in this situation that the additional information only needs to be provided
in connection with receipt of such payments or benefits. Any information received
pursuant to such policy or plan may be considered in determining the employee's
entitlement to FMLA-protected leave. If the employee fails to provide the information
required for receipt of such payments or benefits, such failure will not affect the
employee's entitlement to take unpaid FMLA leave.
B. Qualifying Exigency Leave: The first time an employee requests leave because of a
qualifying exigency arising out of the active duty or call to active duty status of a
covered military member, the Human Resources Director may require the employee
to provide a copy of the covered military member's active duty orders or other
documentation issued by the military which indicates that the covered military
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member is on active duty or call to active duty status in support of a contingency
operation, and the dates of the covered military member's active duty service. This
information need only be provided once. However, A copy of new active duty orders
or other documentation issued by the military shall be provided to the employer if the
need for leave because of a qualifying exigency arises out of a different active duty
or call to active duty status of the same or a different covered military member.
The Human Resources Director will provide the employee with Form WH -384 which
sets forth the required information to certify the employee's eligibility for Military
Caregiver Leave. This form must be completed and returned within 15 calendar days
unless it is not practicable to do so under the particular circumstances despite the
employee's diligent, good faith efforts.
C. Military Caregiver Leave: When leave is taken to care for a covered service member
with a serious injury or illness, the Human Resources Director may require an
employee to obtain a certification completed by an authorized health care provider
of the covered service member. For purposes of leave taken to care for a covered
service member, any one of the following health care providers may complete such
a certification: (1) A United States Department of Defense ("DOD") health care
provider; (2) A United States Department of Veterans Affairs ("VA") health care
provider; (3) A DOD TRICARE network authorized private health care provider; or (4)
A DOD non -network TRICARE authorized private health care provider. If the
authorized health care provider is unable to make certain military -related
determinations required in the certification, the authorized health care provider may
rely on determinations from an authorized DOD representative (such as a DOD
recovery care coordinator).
The Human Resources Director will provide the employee with Form WH -385 which
sets forth the required information to certify the employee's eligibility for Military
Caregiver Leave. This form must be completed and returned within 15 calendar days
unless it is not practicable to do so under the particular circumstances despite the
employee's diligent, good faith efforts.
7.11.150 Reduced Schedule Ofor Intermittent Leave (Family Medical ;i_ Medical Caregiver
Leave):
Family Medical Leave and Medical Caregiver Leave may be taken intermittently or on a
reduced leave schedule under certain circumstances. Intermittent leave is leave taken in
separate blocks of time due to a single qualifying reason. A reduced leave schedule is a
leave schedule that reduces an employee's usual number of working hours per workweek,
or hours per workday.
For intermittent leave or leave on a reduced leave schedule taken because of an
employee's own serious health condition, to care for a spouse, parent, son, or daughter
with a serious health condition, or to care for a covered service member with a serious
injury or illness, there must be a medical need for leave and it must be that such medical
need can be best accommodated through an intermittent or reduced leave schedule. The
treatment regimen and other information described in the certification of a serious health
condition and in the certification of a serious injury or illness must address the medical
necessity of intermittent leave or leave on a reduced leave schedule.
If an employee requests intermittent leave, or leave on a reduced leave schedule, for a
family member'sserious health condition orthe employee's serious health condition when
the condition is foreseeable based on planned medical treatment, the City may require
the employee to transfer temporarily to an available alternative position for which the
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employee is qualified and that: (a) has equivalent pay and benefits; and (b) better
accommodates recurring periods of leave than the regular employment position of the
employee.
7.11.160 Return To Work (Family Medical Leave):
Under certain circumstances, an employee taking Family Medical Leave due to his/her
own serious health condition may be required to provide a fitness -for -duty certification as
a condition to returning to work. If the City requires a fitness -for -duty certification as a
condition of return, it will notify the employee of this fact in its notice to the employee that
the leave is designated as FMLA leave under this policy.
The fitness -for -duty certification must specifically address the employee's ability to
perform the essential functions of his/herjob. The Human Resources Director will provide
the employee with a list of the essential functions of the employee's job with the FMLA
designation notice; and will further notify the employee that he/she must obtain a fitness -
for -duty certification that addresses the employee's ability to perform those essential
functions. The cost of the certification shall be borne by the employee, and the employee
is not entitled to be paid for the time or travel costs spent in acquiring the certification.
An employee taking Family Medical Leave under this policy has the same obligation to
participate and cooperate in the fitness -for -duty certification process as he/ she does in
the initial medical certification process. The Human Resources Director may contact the
employee's health care provider if clarification or authentication is needed regarding the
fitness -for -duty certification that the employee has provided; but the City will not delay the
employee's return to work while attempting to contact the health care provider.
If the Human Resources Director has questions or concerns regarding the employee's
fitness -for -duty certification, the City may, consistent with the Americans With Disabilities
Act (ADA), require a medical examination (at the City's expense), but only after the
employee has returned to work. This medical examination will be job related and
consistent with business necessity.
All documentation related to the employee's or family member's medical condition will be
treated in confidentiality and maintained in the employee's medical records file within the
Human Resources department.
7.11.170 Forms: Use the forms provided by the U.S. Department of Labor: These forms can be
found on the website at: www.dol.gov/whd/forms.
WH -380-E - Certification of Health Care Provider for Employee's Serious Health Condition
WH -380-F - Certification of Health Care Provider for Family Member's Serious Health
Condition
WH -381- Notice of Eligibility and Rights & Responsibilities
WH -382 - Designation Notice
WH -384 - Certification of Qualifying Exigency for Military Family Leave
WH -385 - Certification for Serious Illness of a Current Service Member for Military Family
Leave
WH -385-V - Certification for Serious Injury or Illness of a Veteran for Military Caregiver
Leave
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7.12 WASHINGTON PAID FAMILY AND MEDICAL LEAVE PROGRAM (PFML)
7.12.010 The City of Yelm will comply with the Washington State Paid Family and Medical Leave
(PFML) law, Title 50A RCW, and supporting regulations, which establish a program
administered by the Washington Employment Security Department (ESD) to provide paid
leave benefits and job protection to eligible employees who need leave for certain family
and medical reasons. PFML benefits became available starting on January 1, 2020.
Consistent with State law, PFML leave will run concurrently with the federal Family and
Medical Leave Act (FMLA) if both are applicable.
7.12.020 Payroll Deductions. The PFML program is funded through premiums collected by ESD via
payroll deductions and employer contributions. In order to be eligible for monetary
benefits from ESD, an employee must have worked 820 hours in Washington (for any
employer or combination of employers) during the year preceding the claim. In order to
be eligible forjob protection, an employee must meet FMLA eligibility requirements (must
have worked for the Employer for at least 12 months and have worked 1,250 hours in the
last year). ESD will make eligibility determinations.
7.12.030 Leave Entitlement. Eligible employees are entitled to take up to 12 weeks of medical or
family leave, or a combined total of 16 weeks of family and medical leave. An additional
two weeks of leave may be available in the event the employee's leave involves
complications related to her pregnancy. Medical leave may be taken due to the
employee's own serious health condition. Family leave maybe taken to care for a covered
family member with a serious health condition; for bonding following the birth or
placement of a new child within 12 months of bond Ing/ placement; or for certain military
exigencies.
7.12.040 Notification To The Employer. When applying to ESD, employees must also notify the
Employer of the need for leave; employees should provide at least 30 days' advance
notice of foreseeable leave and for unforeseeable leave notice should be given as soon
as practicable. Employees must submit an application to ESD to obtain PFML benefits.
The application to ESD must indicate that the employee notified the Employer of the need
for leave; if such notification was not provided, ESD will deny PFML benefits for a period
of time equal to the number of days the notice was insufficient. After receiving the
employee's notice of the need for leave, the Employer will advise the employee whether
the employee is eligible for job protection under the PFML or FMLA or both. If ESD
approves a claim for PFML benefits, partial wage replacement benefit payments will be
made by ESD directly to an eligible employee. The amount of the benefit is based on a
statutory formula tied to an employee's average weekly wage and the Washington average
weekly wage. The formula generally results in a benefit in the range up to 90 percent of
an employee's average weekly wage, subject to a maximum of $1,327 per week
(2022). Employees may not supplement the State PFML benefits with accrued or other
paid leave from the Employer, and will not be eligible for PFML benefits if receiving time -
loss benefits through the workers compensation system. When an employee is on leave
and receiving PFML benefits from the State, the employee is deemed to be in unpaid
status for purposes of the Employer's policies. Insurance coverage will be handled in the
same manner as other unpaid leaves of absence, pursuant to the Employer's policy and
subject to any FMLA requirements requiring continuation of coverage.
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Chapter 8 EMPLOYEE RESPONSIBILITIES AND CONDUCT
8.01 GENERAL POLICY
8.01.010 All City employees are expected to represent the City to the public in a professional
manner which is courteous, efficient and helpful. Employees must maintain a clean and
neat appearance appropriate to their work assignment, as determined by their position
and Department Director.
8.01.020 Since the proper working relationship between employees and the City 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: Basic tact and courtesy towards the public and fellow employees;
adherence to City policies, procedures, safety rules and safe work practices; compliance
with directions from supervisors; preserving and protectingthe City's equipment, grounds,
facilities and resources; and providing orderly and cost effective services to all citizens.
8.01.030 The City of Yelm's objective is establishing a business dress code is to allow our
employees to work comfortably in the workplace and maintain a professional image. Yet,
we still need our employees to project a professional image for our customers, potential
employees, and the community visitors. All City of Yelm employees must adhere to the
dress code policy. Employees are expected to maintain a clean and neat appearance
appropriate to their work assignment, as determined by their position and supervisor and
to dress in a manner that is normally acceptable in similar business establishments. While
individual preferences are respected, a conservative approach to dress, hairstyles and
accessories is expected, with attention to safety and personal hygiene. No dress code
can cover all contingencies so employees must exert a certain amount of judgment in
their choice of clothing to wear to work. If you experience uncertainty about acceptable,
professional business casual attire for work, please ask your supervisor or Human
Resources staff. The City reserves the right to determine appropriate dress at all times
and in all circumstances and may send employees home to change clothes should it be
determined in the City's discretion, that the employee's dress is not appropriate. The
employee may be required to use their own accrued leave time, if available, or use unpaid
time for these circumstances. Any deviation from the dress code for special events
requires permission from your direct supervisor or the Human Resources department.
8.02 CODE OF CONDUCT, CONFLICTS OF INTEREST AND OUTSIDE EMPLOYMENT
8.02.010 "Code of Conduct." No officers, employee, or agents of the City of Yelm shall participate
in the selection, award, or administration of a contract supported by the federal grant
funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would
arise when:
A. the employee, officer, or agent;
B. any member of his/her immediate family;
C. his/her partner; or
D. an organization which employs, or is about to employ any of the above has a financial
or other interest in the firm selected for award.
The City of Yelm officers, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors, or
subcontractors. (Resolution 316, 7/94)
IKi•
8.02.020 Employees who engage in any outside employment shall disclose to their Department
Director, the off duty job so as the City may determine whether a conflict exists.
8.03 POLITICAL ACTIVITIES
8.03.010 City employees may participate in political or partisan activities of their choosing provided
that City resources and property are not utilized, and the activity does not adversely affect
the responsibilities of the employees in their positions. Employees may not campaign on
City time or in a City uniform or while representing the City in any way. Employees may not
allow others to use City facilities or funds for political activities.
8.03.020 Any City employee who meets with, may be observed by the public, or otherwise
represents the City to the public while performing regular duties may not wear or display
any button, badge or sticker relevant to any candidate or ballot issue during working
hours. Employees shall not solicit for a contribution for a partisan political cause on City
property or City time.
8.03.030 Except as noted in this policy, City employees are otherwise free to fully exercise their
constitutional First Amendment Rights and to belong to and participate in the activities of
political, religious, civic service, educational and other organizations and associations.
8.04 SMOKING
8.04.010 For health and safety considerations, the City prohibits smoking by employees in all City
facilities, including City owned buildings, vehicles, and offices or other facilities rented or
leased by the City, including individual employee offices. Smoking by employees during
working hours is permitted outdoors and within non -city facilities where otherwise
permitted.
8.05 USE OF CITY VEHICLES AND EQUIPMENT
8.05.010 Use of City phones for local and toll-free personal phone calls should be kept to a
minimum; long distance personal use is prohibited. Other City equipment, including
vehicles, may be used by employees only for City business; all other use is prohibited. City
vehicles may be used for travel between home and work only with the approval of the City
Administrator. Approval will be granted only if such use is deemed to be in the best interest
of the City. An employee's misuse of City services, telephones, vehicles, equipment or
supplies can result in disciplinary action including termination.
8.05.020 No employee shall operate a City vehicle without a valid Washington State driver's license.
Failure to report the temporary or permanent loss of driving privileges to the employee's
Department Director on the first working day following the court finding may result in
disciplinary action including termination.
8.06 BULLETIN BOARDS
8.06.010 Information of special interest to all employees is posted regularly on the City bulletin
boards. Employees may not post any information on these bulletin boards without the
authorization of a Department Director.
8.07 CONTACT WITH NEWS MEDIA
8.07.010 The City Administrator and Department Directors are responsible for all official contacts
with the news media during working hours, including answering questionsfrom the media.
The City Administrator or a Department Director may designate specific employees to give
out procedural, factual or historical information on particular subjects. Other employees
shall refer members of the news media to the City Administrator or Department Director.
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A copy of all news releases and similar documents shall be delivered to the City
Administrator prior to distribution.
8.08 SEAT BELT USE
8.08.010 As required by Washington law, anyone operating or riding in City vehicles must wear seat
belts at all times.
8.09 DRIVER'S LICENSE REQUIREMENTS
8.09.010 As part of the requirements for certain specific City positions, an employee may be
required to hold a valid Washington State Driver's license.
8.09.020 If 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 is immediately suspended from
driving duties and the employee shall promptly notify his or her Department Director. The
employee may not resume driving until proof of a valid, current license is provided to the
Department Director.
8.09.030 Depending on the duration of license suspension, revocation or other inability to drive, an
employee may be subject to disciplinary action, including termination.
8.10 SAFETY
8.10.010 Every employee is responsible for maintaining a safe work environment and following the
City's safety rules. Each employee shall promptly report all unsafe or potentially hazardous
conditions to a Department Director. The City will make every effort to remedy problems
as quickly as possible. (Resolution 206, 8/90)
8.10.020 In case of an accident involving a personal injury, or risk of infection with a contagious
disease, regardless of how serious, employees should immediately notify their
Department Director, the City Clerk or the City Administrator.
8.11 DRUG FREE WORKPLACE
8.11.010 In order to further the objectives of both public safety and workplace safety, as well as
promoting employee's careful and efficient job performance, the City may require
employees to undergo testing procedures to determine if job duties, or safety, may be
impacted by the use of alcohol or drugs. The City will utilize drug or alcohol testing
procedures in the following situations:
Pre-employment testing for all employees who perform safety -sensitive functions. Testing
will be performed as outlined in the DOT regulations (49 CFR 653, 654, and 655). The
City has adopted a Drug and Alcohol testing policy for all City employees who operate a
City vehicle under a commercial vehicle license. This policy establishes compliance with
Federal Highway Administration requirements for mandatory drug and alcohol testing for
maintenance of a Commercial Driver's License. Copies of this policy are available through
your Department Director. The City Administrator provides oversight of the Commercial
Driver's License policy and these procedures. As to other employees, who do not operate
a commercial vehicle, the following testing procedures and policies will apply:
A. Reasonable suspicion testing, along with a fitness for duty evaluation for all
employees who are suspected of impairment by drugs or alcohol during working
hours or during the performance of any job duties or safety sensitive functions.
B. Post -accident testing for all employees who were operating a City vehicle when an
accident results in the following:
32
1. Substantial damage to the vehicle (over approximately $1,500 or the vehicle is
not operable post -accident) and the employee is cited for or considered to be
the at fault driver.
2. An injury results from the accident requiring medical assistance at the scene.
Following an accident, testing will occur within 2 hours of the accident, if possible. All
employees who have access to City vehicles will be required to sign a medical
authorization for such testing, a sample of which is attached to these policies. This
includes employees covered by the Commercial Driver's License policies. All employees
must cooperate with the testing process, and assist the medical evaluator in completing
the test as soon as possible after an accident occurs.
Failure to cooperate in the testing procedures outlined above will result in disqualification
of an applicant for hire, or, or existing employees, non-cooperation will result in discipline,
up to and including termination. Most violations of the City's drug and alcohol policies are
considered serious violations of an important work place safety policy and will likely result
in termination, including an employee's refusal to cooperate with the testing process
outlined in these policies. However, for any employee permitted to return to work after a
positive test result, the employee will likely be suspended without pay, and must test
negative priorto returningto duty. In addition, at leastsixfollow up tests will be conducted
randomly over the next 12 months, or up to 60 months following an employee's return to
work, as needed to verify the employee remains alcohol and drug free.
The City of Yelm has a significant interest in the health and safety of its employees and
the citizens of the City of Yelm. In furtherance of that interest, it is the policy of the City to
take those steps necessary to ensure that its employees perform their duties and
responsibilities free of the influence of drugs and alcohol.
The City may discipline or terminate an employee possessing, consuming, controlling,
selling or using alcohol, drugs or other controlled substances during work hours. The City
may also discipline or terminate an employee who exhibits an on-going dependence on
alcohol, drugs or other controlled substances which, in the Mayor's and City
Administrator's opinion, impairs the employee's work performance, poses a threat to the
public confidence, or is a safety risk to the employee or others.
8.11.020 Employee assistance is available to employees who need counseling or treatment due to
their concerns regarding the misuse of alcohol or drugs. Training and rehabilitation
programs are also available upon request. The City is committed to supporting employees
who voluntarily undergo treatment or rehabilitation programs for alcohol or other chemical
dependency, provided the employee requests such assistance prior to any pending
disciplinary process which maybe related to or caused by the employee's misuse of drugs
or alcohol, impacting that employee's job duties. Failure to request such assistance prior
to a work performance problem may render these employee assistance, rehabilitation or
training programs unavailable.
Requests for employee assistance will be kept confidential. Employees who voluntarily
seek treatment, counseling, or rehabilitation services prior to any disciplinary process, as
outlined above, may be eligible to use accrued sick leave or other leave options to
facilitate treatment. The City may condition continued employment upon successful
completion of a treatment, rehabilitation or counseling program and continued monitoring
to verify the employee remains alcohol and drug free and free of controlled substances.
8.11.030 Employees who voluntarily report an alcohol, drug or controlled substance dependency
problem will not be subject to retaliation or discrimination. Employees who voluntarily
seek treatment may use sick leave to attend a bona fide treatment or counseling program.
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The City may condition continued employment on the employee's successful completion
of treatment or counseling programs and future avoidance of alcohol, drugs or other
controlled substances.
8.11.040 An employee may be required to submit to alcohol, drug or controlled substance testing
when the employee's work performance causes a reasonable suspicion thatthe employee
is impaired due to current intoxication, drug or controlled substance use or in cases where
employment has been conditioned upon remaining alcohol, drug or controlled substance
free following treatment. Refusal to submit to testing, when requested, may result in
immediate disciplinary action, including termination.
8.11.050 Employees using any prescription or over-the-counter drugs which might impair their work
performance should notify their Department Director. At the option of the Department
Director, an employee may be reassigned to less hazardous duty or be placed on sick
leave if impaired work performance might pose a threat to the public confidence or the
safety of the employee or others.
8.11.060 The manufacturing, distribution, dispensation, possession and use of unlawful drugs or
alcohol on City premises or during work hours by City employees is strictly prohibited.
8.11.070 Employees must notify the City within five (5) days of any arrest or conviction for a drug
violation.
8.11.080 Violation of this policy can result in disciplinary action, including termination. Continued
poor performance or failure to successfully complete an assigned rehabilitation program
is grounds for termination.
8.12 CITY -OWNED TECHNOLOGY RESOURCE ACCEPTABLE USE POLICY
8.12.010 This policy defines the appropriate use of technology resources that are owned bythe City
of Yelm and provided for employee use.
8.12.020 This policy applies to anyone who uses City Technology Resources, including employees,
temporary employees, contractors, vendors and all others.
8.12.030 Definitions:
A. Internet: the internet is a worldwide "network of networks," including bulletin boards,
World Wide Web (WWW), data servers, applications, messaging services, social
media, and other functions and features, which are accessed via a computer, a
mobile device, or other client devices.
B. Digital Equipment (Device): includes but not limited to computers, laptops,
telephones, cellular telephones, smart phones, and other devices such as tablets.
Any technology provided by the City for communications, computing, printing, etc. is
covered by this definition.
C. Data Files: information contained in files such as e-mail messages, electronic
documents, database tables, telephone records, extracts from databases or output
from applications.
D. Messaging: anytechnology used tofacilitate digital communication, including but not
limited to Instant Messaging (IM), electronic mail (e-mail, both City -provided and
through external services for personal use), SMS (texting), audio and video
conferencing, peer-to-peer networking (13213), mobile, fixed, and software -based voice
over internet protocol (VoIP) telephones.
E. City -owned Technology Resources: technology resources paid for by city funds,
including, but not limited to: Internet/Intranet/Extranet-related systems, computer
34
and other digital equipment, software, operating systems, storage media, network
accounts providing electronic mail and other messaging, and systems that enable
web browsing, and file transfers.
F. Non -City -owned Technology Resources: technology resources NOT paid for by City
funds, including, but not limited to: Internet/Intranet/Extranet-related systems,
computer and other digital equipment (including but not limited to tablets, laptops,
smartphones), software, operating systems, storage media (including but not limited
to USB or "flash" drives, external hard drives, camera memory, cloud storage media),
accounts providing personal electronic mail and other messaging or social media,
and systems that enable web browsing, and file sharing.
G. Social Media: any Internet site such as blogs, Facebook, Twitter, Linkedin, Youtube,
etc. that is focused on creating "networks" of individuals.
H. Hacking/Hacking Tools: behavior and tools designed to circumvent security
measures, or to otherwise effect unauthorized changes to computer hardware or
software.
I. Peer -To -Peer Networking: protocol or service for networking devices without a
centrally managed server.
J. Communication protocol: an agreed-upon method of communication used within
networks.
K. Malware: a general term for potentially hostile software; encompasses viruses,
Trojans, spyware, etc.
L. City Records or Public Records; any writing containing information relating to the
conduct of City government or the performance of any City governmental or
proprietary function prepared, owned, used, or retained by the City, including any
City employee, regardless of physical form or characteristics.
M. Washington Public Records Act: Chapter 42.56. Revised Code of Washington (RCW)
8.12.040 Policy:
A. Limited Personal Use: City owned technology resources may be used for personal
purposes on a limited basis, providing this use results in:
1. No marginal cost to the City.
2. No interference with work responsibilities.
3. No disruption to the workplace.
4. No storage of unlicensed, copyrighted materials on any City -owned technology
resources.
5. No device -to -device connection of Non -City -owned Technology Resources to City -
owned Technology Resources. For example, charging of personal smartphones
via City computer USB port is prohibited.
6. No illegal activities.
7. No commercial or solicitation activities.
B. No expectation of privacy: Nothing in this policy confers an individual rights, or shall
be construed to provide, and expectation of privacy. Employees must not expect
privacy in the use of City communications and digital equipment.
35
C. Confidentiality: City held information on the constituents of the City of Yelm may not
be disclosed without a clear business need, or public disclosure request.
D. Limited use of external e-mail services: The limited use of an external e-mail service
is allowed, providing that the service applies anti-malware controls in a manner
equivalent to that provided by the City, and such use is incidental and does not
interfere with your workload, as determined by your supervisor. Attachments and
embedded links are not to be clicked on downloaded.
E. Media Files: City computers, devices, and other storage locations must not be sed to
download or store music/audio/movies/eBooks/games files for personal use.
F. Downloading to and Storage of City Records on Non -City owned Technology
Resources: City or Public Records will not be downloaded to, nor stored on Non -City
owned Technology Resources.
1. City of Public Records stored on Non -City -owned Technology Resources are
subject to the same regulations concerning disclosure, discovery and records
retention as City records stored on City owned Technology Resources. The
storage of any City or Public Records on any device may subject the entire device
to a search for records under the Washington Public Records Act, or under court
rules related to discovery in litigation.
G. Specific Prohibitions and Limitations: City policies regarding acceptable behavior and
communication will apply to use of the Internet and messaging. Specifically
prohibited use includes but is not limited to:
1. Conducting a private business;
2. Political campaigning;
3. Accessing inappropriate sites including adult content, online gambling, online
gaming, and dating services;
4. Accessing sites that promote illegal activity, copyright violation, or activity that
violate the City's ethical standards;
5. Installing any software that has not been approved by the City's I.T. Department;
6. Sharing or storing unlicensed software or audio/video files;
7. Using security exploit tools (hacking tools) to attempt to elevate user privileges
or obtain unauthorized resources;
8. Broadcasting e-mail to large numbers of external constituents unless the list
members are hidden through the use of the BCC field;
9. Using a City e-mail address when posting to public forums e.g. blogs, social
media sites, wikis and discussion lists for personal use;
10. Accessing sites that distribute computer security exploits ("hacking" sites);
11. Using unauthorized Peer -to -Peer Networking;
12. Using a City e-mail address as a means of notification for personal use, e.g.
shopping, dating or social media sites.
H. Use Standard Resources Only: All Digital equipment and applications must be
authorized and installed by appropriate personnel. Only software, hardware, and
communication protocols that meet the City's defined standards will be installed on,
36
or connected to, City -owned Technology Resources unless an exception has been
granted and documented in writing.
Conflicts: If any component of this policy conflicts with any applicable collective
bargaining agreement, the collective bargaining agreement shall control. The
remaining non -conflicting features of this policy shall remain in effect.
8.12.050 Responsibilities
A. Employee Responsibilities:
1. Monitor personal use of the internet, messaging, and other applications, in
accordance with Sections 8.12.040 A 1
2. Adhere to City standards as discussed in the policy language above.
3. Read and adhere to relevant policies.
4. Request to Help Desk to download and install software to City_-eanwned
Resources unless express consent has been granted for
employees to download and install software.
B. Management Responsibilities:
1. Support enterprise -grade technology to enforce this policy, to ensure that the
primary purpose of the use is to meet City business needs, and that relevant City
standards are met.
8.12.060 Policy Enforcement
In order to safeguard City resources, violators of this policy may be denied access to City
computing and network resources and may be subject to other disciplinary action within
and outside the City. Violations of this policy will be handled in accordance with the City's
established disciplinary procedures. The City may temporarily suspend, block or restrict
access to computing resources and accounts, independent of such procedures, when it
reasonably appears necessary to do so in order to protect the integrity, confidentiality, or
availability of City computing and network resources, or to protect the City from liability.
A. If violations of this policy are discovered, the City will take appropriate actions to
resolve the issue and violators may be subject to disciplinary measures.
B. If violations of this policy are discovered that are illegal activities, the City may notify
appropriate authorities.
C. The City reserves the right to pursue appropriate legal actions to recover any financial
losses suffered as a result of violations of this policy.
8.13 VIOLENCE IN THE WORKPLACE
8.13.010 The purpose of this policy is to prohibitviolent actions on City property or facilities, or while
on City business. Violence in any form will not be tolerated or ignored. Unlawful violent
actions committed by employees or members of the public while on city property, or while
using City facilities, will be prosecuted as appropriate. The City intends to use reasonable
legal, managerial, administrative, and disciplinary procedures to secure the workplace
from violence and to reasonably protect employees and members of the public.
8.13.020 All City employees are responsible for refraining from acts of violence and for seeking
assistance to resolve personal issues that may lead to acts of violence in the workplace.
City employees are required to report any dangerous or threatening situations that occur
in the workplace to their Department Director or supervisor.
37
This policy applies to all City of Yelm employees except law enforcement officers while
acting in an official capacity.
8.13.030 City employees are encouraged to report to their Department Director or supervisor
situations that occur outside the workplace which may affect workplace safety, i.e.,
instances where protection orders have been issued, etc.
8.13.040 The City offers an Employee Assistance Program (EAP) designed to assist employees and
their families who are experiencing personal or job-related problems. An employee of the
City wishing confidential assistance for a personal or job-related problem can call the EAP
office at 800-570-9315, Web ID type: trusteap7l or www.guidanceresources.com. The
City will not have access to any EAP information unless an employee authorizes the EAP
to release this information to the City. The EAP is available for assessment, referral to
treatment, and follow-up. Treatment and follow-up expenses are the employee's
responsibility (some or a portion of this cost may be covered by an employee's medical
insurance coverage provided by the City).
The City will provide reasonable accommodation to support employees participating in a
professional treatment program as long as the accommodation does not impose a
hardship on the City. No employee will be disciplined or discriminated against simply for
seeking help and/or participating in a treatment program. However, if an incident at work
occurs, or a professional psychological or medical evaluation indicates the employee
represents a reasonable concern to the workplace and/or the public, the City reserves the
right to take disciplinary, and/or corrective actions as appropriate, up to and including
termination.
8.13.050 The City of Yelm is committed to providing a safe environment for working and conducting
business. The City will not tolerate acts of violence committed by or against City
employees, or members of the public, while on city property or while performing City
business at other locations.
A. Violent or intimidating behavior is unacceptable. Violence means an act or behavior
that:
1. Is physically assaultive;
2. A reasonable person would perceive as obsessively directed, e.g. intensely
focused on a grudge, grievance, or romantic interest in another person, and
reasonably likely to result in harm or threats of harm to persons or property;
3. Consists of a communicated or reasonably perceived threat to harm another
individual, or in any way endangers the safety of an individual;
4. Would be interpreted by a reasonable person as carrying potential for physical
harm to the individual;
5. Is a behavior, or action, that a reasonable person would perceive as menacing?;
6. Involves carrying or displaying weapons, destroying property, or throwing objects
in a manner reasonably perceived to be threatening; or
7. Consists of a communicated or reasonably perceived threat to destroy property.
8. Physically intimidating others including such acts as obscene gestures, getting
in your face and fist -shaking.
This policy applies whenever an employee is on City time (including breaks and meal
periods), property, surrounding grounds and parking lots, leased or rented spaces, in any
vehicle used on City business, is acting as an agent of the City, and in other circumstances
38
which creates concerns for City operations or safety. This includes actions involving, but
not limited to inappropriate use of City time, workplace phones, Fax machines, mail or E-
mail.
8.13.060 In order to ensure a safe environmentfor employees and customers, the City prohibits the
wearing, transporting, storage, or presence of firearms or other weapons as defined in
RCW 9.41 whenever an employee is on City time (including breaks and meal periods),
property, surrounding grounds and parking lots, leased or rented spaces, in any vehicle
used on City business, is acting as an agent of the City, and in other circumstances which
creates concerns for City operations or safety.
Exceptions include employees of the City engaged in military or law enforcement activities
or legally in possession of a firearm, for which the employee holds a valid permit.
8.13.070 All City employees are responsible for notifying Department Directors and -/or supervisors
of any threats they have witnessed, received, or have been told that another person has
witnessed or received. Even without an actual threat, employees should also report any
behavior they have witnessed which could be regard as potentially threatening or violent.
Employees are responsible for making this report regardless of the relationship between
the individual who initiated the threat or threatening behavior and the person or persons
who were threatened or were the focuses of the threatening behavior.
Any person involved in situations where they fear that physical retaliation may take place
or where someone has made verbal threats of physical violence or displays inappropriate
behavior should immediately discuss it with their Department Director or supervisor.
Employees involved in violating this policy will be disciplined, up to and including
termination.
8.13.080 Any employee/member of the public who is subject to, or observes, violent behavior or
threat of violent behavior, a firearm or other weapon, or any situation that appears to be
potentially dangerous, must immediately report such action to his/her Department
Director or supervisor, or the Police Department.
Any employee concerned about personal safety may request an escort or other
appropriate intervention from fellow employees comfortable with providing assistance or
the City police department at any time.
8.13.090 Department Directors and/or supervisors are responsible for responding to potential or
violent situations. Additional assistance from the City Administrator and/or emergency
services, 911, is also available in appropriate situations.
Department Directors and/or supervisors are responsible for assessing the situation,
making judgments on the appropriate response, and then responding to reports of or
knowledge of violence and for initiating the investigation process.
A. Any report of violence, will be evaluated immediately and confidentially, and
appropriate action will be taken, where possible, in order to protect the employee
from further violence. Appropriate disciplinary action will be taken when it is
determined that City of Yelm employees have committed acts of violence.
B. Where issues of employee safety are of concern, managers and supervisors should
evaluate the workplace and make appropriate recommendations regarding a
reasonable response.
8.13.100 The City Administrator will assist Department Directors in investigating and preparing
documentation for action surrounding an incident of violent behavior. In some cases, a
referral to the employee assistance program may also be appropriate.
Kis;
A. The City Administrator shall be responsible for developing procedures that are
designed to reasonably achieve:
1. Prompt and appropriate response to any act of violence;
2. Providing guidance and oversight of investigations of violence;
3. Communicating this policy and administrative procedures to employees,
Department Directors and supervisors.
8.13.110 Any employee who violates this policy will be subject to corrective or disciplinary action,
up to and including dismissal and/or referral to the police department for prosecution for
criminal action depending on the circumstances.
8.13.120 The Violence in the Workplace Crisis Plan and Procedures, attached as Appendix A to this
document provides additional information for employees.
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Chapter 9 EMPLOYEE DISSATISFACTION
9.01 SUGGESTIONS
9.01.010 The City encourages employees to offer any and all suggestions by which the City may
improve delivery of services to the public. Such suggestions may be submitted in writing
to the employee's supervisor, Department Director, the City Administrator, or the Mayor.
9.02 COMPLAINT PROCEDURES
9.02.010 The City recognizes that sometimes situations arise in which an employee feels that he or
she has not been treated fairly or in accordance with City rules and procedures. For this
reason the City provides its employees with procedures for resolving complaints.
Step 1: An employee should first try to resolve any problem or complaint with his or her
supervisor or Department Director.
Step 2: When normal communication between an employee and the supervisor is not
successful, or when an employee disagrees with the application of City policies and
procedures, the employee should attempt to resolve the problem with the Department
Director. The Department Director will respond to the employee within five (5) working
days after meeting with the employee, if possible.
Step 3: If the employee is not satisfied with the response from the Department Director, the
employee may submit the problem, in writing, to the City Administrator and Mayor (or
Mayor if the City Administrator is the Department Director). The written complaint must
contain at a minimum:
A. A description of the problem;
B. A specific policy or procedure which the employee believes has been violated or
misapplied;
C. The date of the circumstances leading to the complaint or the date when the
employee first became aware of those circumstances;
D. The remedy sought by the employee to resolve the complaint. The written complaint
should be filed within ten (10) working days of the occurrence leading to the
complaint, or ten (10) working days after the employee becomes aware of the
circumstances.
9.02.020 The City Administrator and Mayor may meet with the parties, either individually or
together, and will respond in writing to the aggrieved employee within ten (10) working
days of the meeting. The Mayor's response or decision shall be binding.
9.02.030 Certain employees may have more than one source of dispute resolution rights, such as
Civil Service rules, disability access or discrimination review, a collective bargaining
agreement, if any, and this complaint process. Employees represented by a bargaining
unit or who are covered under civil service rules should follow grievance procedures set
out in their respective labor contracts or civil service rules, where applicable.
9.03 DISABILITY COMPLAINTS
9.03.010 As an alternative to the complaint process above, complaints regarding limited access or
discrimination due to a disability or failure to reasonably accommodate a disability may
also be submitted to the City Administrator or Mayor.
9.03.020 If the City Administrator is unable to resolve the complaint to the satisfaction of the
employee, the City Administrator will request that the City Council appoint a review
41
committee composed of one elected city official, one disabled person, and one
appropriate health care professional or structural designer.
9.03.030 The Committee will hear the complaint within thirty (30) days of the Committee's
organizational meeting and submit a recommendation to the City Council.
9.03.040 The City Council may hold an additional hearing and will render a final decision within
thirty (30) days of receipt of the Committee's recommendation.
9.04 WHISTLE BLOWER PROTECTION POLICY
9.04.010 Policy Statement (Resolution 295, 7/93). It is the City of Yelm's policy to:
A. Encourage its employees to report improper governmental action taken by City of
Yelm officials or employees; and,
B. Protect City of Yelm employees who have reported improper governmental actions in
keeping with the City's policies and procedures.
9.04.020 Definitions
A. Good faith means a deliberate and genuine action taken with confidence in its truth
or correctness, along with a lack of interest in taking any conscious advantage or
another.
B. Improper governmental action means any action by a City of Yelm official or employee
that:
1. Is undertaken in the performance of the official's or employee's official duties,
whether or not the action is within the scope of the employee's employment;
and,
2. One or more of the following appears to be present:
a. A violation of any federal, state, or local law or rule;
b. An abuse of authority;
c. A substantial and specific danger to the public health or safety, or;
d. A waste of public funds.
Improper governmental action does not include personnel actions, including
employee grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations, reemployment,
performance evaluations, reductions in pay, dismissals, suspensions, demotions,
Visor violations of collective bargaining or civil service laws, alleged violations
of labor agreements or reprimands.
Examples of improper governmental action include, but are not limited to,
misappropriating City equipment and supplies for personal use, having City
employees do work on a public official's private property while on City time or on their
own time without compensation, operating a private business on City time, and
accepting gratuities or kickbacks.
3. Retaliatory action means any adverse changes in the terms and conditions of a
City of Yelm employee's employment.
4. Emergency means a circumstance that if not immediately changed may cause
damage to persons or property.
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9.04.030 Reporting Procedures
A. Report to Supervisor or Department Director First. City employees who become aware
of improper governmental actions, including those involving individuals outside their
own departments, must raise the issue first with their supervisor or Department
Director, except as qualified below. If requested by the supervisor, the employee shall
submit a written report to the supervisor or Department Director, or to some person
designated by the supervisor or Department Director, stating in detail the basis for
the employee's belief that an improper governmental action has occurred.
B. If Improper Action Involves Supervisor or Department Director. Where the employee
reasonably believes the improper governmental action involves his or her supervisor,
the employee shall raise the issue with the Department Director, the City
Administrator, or with the Mayor.
C. In Case of Emergency. In the case of an emergency, where the employee believes in
good faith 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 governmental agency with responsibility for investigating the
improper action.
If the City Fails to Adequately Investigate
If the employee reasonably believes
1. That an adequate investigation was not undertaken by the City of Yelm to
determine whether an improper governmental action occurred, or
2. That insufficient action has been taken by the City to address the improper
governmental action, or
3. That the improper governmental action is likely to recur, the employee shall give
written notice to the Mayor. Not sooner than 48 hours after notifying the Mayor,
and if the employee still reasonably believes that the proper corrective action
has not been taken, the employee may report information about the improper
governmental action directly to the City Council Department Liaison, or the
appropriate governmental agency with responsibility for investigating the
improper actions. (See listing of agencies on page 43.)
D. If Improper Action Involves City Council or Mayor. Where the employee reasonably
believes the improper governmental action involves a City Council member, the
employee may raise the issue directly with the Mayor.
Where the employee reasonably believes the improper governmental action involves
the Mayor, the employee may raise the issue directly with the City Council
Department Liaison, City Attorney or Thurston County Prosecuting Attorney.
E. Good Faith Attempt to Follow These Procedures Required. City employees who do not
make a good faith attempt to follow these procedures in reporting improper
governmental action shall not receive the protection provided by the City in these
procedures.
9.04.040 Investigation Procedures
The supervisor, Department Director, City Administrator or the Mayor, as the case may be,
shall take action within fifteen (15) calendar days within receipt of the complaint, to
properly investigate the report of improper governmental action. The employee raising the
issue shall be notified by the Mayor when the investigation is begun and approximately
43
when it will be concluded. City of Yelm officers and employees involved in the investigation
shall keep the identity of reporting employees confidential to the extent possible under
law, unless the employee authorizes the disclosure of his or her identity in writing.
After an investigation has been completed, the employee reporting the improper
governmental action shall be given a summary of the results of the investigation, except
that personnel actions taken as a result of the investigation may be kept confidential. The
employee may be notified at his/her home address if he or she so requests.
9.04.050 Protection Against Retaliatory Actions
A. Retaliation Prohibited. City of Yelm officials and employees are prohibited from taking
retaliatory action against a City employee because he or she has in good faith
reported an improper governmental action in accordance with these policies and
procedures.
B. If Retaliation Occurs. An employee who believes that they have been retaliated
against for reporting an improper governmental action should advise his/her
supervisor, Department Director, the City Administrator, Mayor or the official
indicated in the following matrix:
Perceived Retaliation is by
Advise in Writing Within Thirty (30) days:
Supervisor
Department Director with a copy to the City
Administrator and Mayor
Department Director
City Administrator with a copy to the Mayor
Other Individual Not Named Above, Including
Mayor
Councilmembers
Mayor
Council Liaison, City Attorney, or Thurston
County Prosecutor
City employees shall provide the written charge of retaliation to the appropriate
individual no later than thirty (30) days after the occurrence of the alleged retaliatory
action. The Department Director, City Administrator or Mayor shall take appropriate
action to investigate and address complaints of retaliation and respond, via
registered or certified mail with return receipt requested, within thirty (30) days, to
the charge of retaliatory action. Only in cases where the Mayor is perceived to have
taken a retaliatory action, should the employee send such charge of retaliation to the
Council Liaison or City Attorney and the Council Liaison must respond within thirty
(30) days, to the charge of retaliatory action.
C. If the Complaint is Not Satisfactorily Addressed. If the person advised of the
retaliatory action does not satisfactorily resolve the employee's complaint, the
employee may obtain protection under this policy and pursuant to State law by
providing a written note to the Council Liaison that specifies the alleged retaliatory
action and the relief requested.
D. When to Request a State Hearing. After receiving either the response of the City of
Yelm or thirty (30) days after the delivery of the charge to the Mayor, the employee
may request a hearing before a State administrative law judge to establish that a
retaliatory action occurred and to obtain appropriate relief provided by law. An
employee seeking a hearing should deliver the request for hearing to the Mayor with
the earlier of either fifteen (15) days of delivery of the City's response to the charge
44
of retaliatory action, or forty-five (45) days of delivery of the charge of retaliation to
the City of Yelm for response.
Upon receipt of request for hearing, the City of Yelm shall apply within five (5) working
days to the State Office of Administrative Hearings for an adjudicative proceeding
before an administrative law judge:
Office of Administrative Hearings
919 Lakeridge Way SW
P.O. Box 42488
Olympia, WA 985042488
(360) 664-8717
The City of Yelm will consider any recommendation provided by the administrative
law judge that the retaliator be suspended with or without pay, or dismissed.
9.04.060 Management Responsibilities. Department Directors, managers and supervisors are
responsible for ensuring the procedures are fully implemented within their areas of
responsibility.
9.04.070 Communication and Implementation. The City Administrator is responsible for
implementing the City of Yelm's policies and procedures for reporting improper
governmental action and for protecting employees against retaliatory actions. This
includes ensuring that this policy and these procedures are:
A. Permanently posted where all employees will have reasonable access to them;
B. Make available to any employee upon request; and,
C. Provide to all newly hired employees.
9.04.080 Violations. Violations of this policy and these procedures may result in appropriate
disciplinary action, up to and including dismissal.
9.04.090 Questions. Contact the City Clerk or City Administrator
9.04.100 List Of Agencies
Thurston County Prosecuting Attorney
Thurston County Courthouse
2000 Lakeridge Dr. SW
Olympia, WA 98502
360-754-5540
State Auditor's Office
Legislative Building
P.O. Box 40021
Olympia, WA 98504-0021
360-902-0370
Attorney General's Office
Fair Practices Division
2000 Bank of California Center
900 Fourth Ave, Suite 2000
Seattle, WA 98164
206-464-6684
U.S. Attorney
800 Fifth Avenue, Suite 3600
Seattle, WA 981043190
206-553-7979
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Chapter 10 DISCIPLINE AND TERMINATIONS
10.01 DISCIPLINE
10.01.010 All employees are expected to exercise good judgment, loyalty, common sense,
dedication, and courtesy in the performance of their duties. The primary mission of every
employee is to provide courteous, orderly, efficient, and economic delivery of services to
the citizens of the City.
10.01.020 Acts, errors, or omissions which discredit the public service or impair the provision of
orderly services to the citizens of the City may result in discipline, including termination.
10.01.030 The Mayor, City Administrator, or each Department Director, as appropriate, has full
discretion and authority to impose disciplinary action in accordance with City policy and
the circumstances of the particular case.
10.01.040 The following are examples of the types of behavior which may result in discipline,
including possible termination. (Resolution 270, 10/92) 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 below.
A. Drinking alcohol or the abuse of non-prescription or prescription drugs or other
controlled substances on the job, or arriving on the job underthe influence of or while
46
in possession of alcohol, drugs, or other controlled substances.
B.
Violation of a lawful duty.
C.
Insubordination.
D.
Absence from work without first notifying and securing permission from the
Department Director.
E.
Habitual absence or tardiness for any reason, unless otherwise protected by state or
federal law.
F.
Unsatisfactory job performance.
G.
Conviction of a felony or a misdemeanor involving moral turpitude.
H.
Acceptance of fees, gratuities or other valuable items in the performance of the
employee's official duties for the City.
I.
Inability, refusal or failure to perform the duties of the assigned job.
J.
Violation of duties or rules imposed by this manual, or by any other City rule,
regulation or administrative order.
K.
Employee misuse of City services, telephones, vehicles, computers, equipment or
supplies.
L.
Reference City's antidiscrimination/harassment policies as discussed.
10.01.060 In the
event that discipline is necessary, the choice of what level of discipline to apply in
any particular case is solely the City's. Depending on the particular situation, the following
types of disciplinary actions may be used:
A.
Oral Warning. An oral warning is a counseling session between the employee's
Department Director and the employee on the subject of the employee's conduct and
performance, orthe employee's failure to observe a rule, regulation, or administrative
instruction. It is intended to increase an employee's efficiency and value to the City
by changing the employee's conduct, attitude, habits, or work methods.
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B. Reprimand. A reprimand is a formal written disciplinary action for misconduct,
inadequate performance, or repeated lesser infractions. Written reprimands are
placed in the employee's personnel file.
C. Suspension. A suspension is a temporary leave of absence from duty which may be
imposed as a penalty for significant misconduct or repeated lesser infractions. A
suspension requires the approval of the City Administrator/Mayor and is a severe
disciplinary action which is made part of the employee's permanent record. There are
two (2) types of suspensions.
1. Suspension with Pay is administrative leave pending the results of an
investigation or disciplinary action.
2. Suspension without Pay is a temporary leave of absence from duty which may
be imposed as a penalty for significant misconduct or repeated lesser
infractions. Suspension of an exempt employee shall be in weekly blocks
coinciding with the employee's designated work week.
D. Decision Making Leave. A Department Director may recommend, with the approval
of the Mayor and/or City Administrator that an employee be given a one (1) day paid
"Decision Making Leave" as the last step prior to termination. A "Performance
Commitment Contract" would be filled out and signed by the Department Director
and employee specifying the areas for improvement and the expectations and
requirements of the City for continued employment. The employee would use the one
(1) day paid leave to decide whether he/she can agree to the stated conditions. If
agreement is not reached, the City would move to the termination step. If agreement
is reached, the document will be used as the agreement between the City and the
employee for continued employment.
10.02 TERMINATION
10.02.010 The following are examples of the types of situations (in addition to behavior types listed
in 10.01.040) which may result in discipline, including possible termination: (Resolution
270,10/92)
A. An employee may be terminated at any time during or at the end of the employee's
probationary period.
B. Asa result of disciplinary action.
C. Due to loss of skills, certifications or other conditions which would make the
employee unfit for service.
D. The Mayor shall be responsible for the selection and termination of employees in
response to a City Council determination that a lack of work or funding exists.
E. When the employee has a physical or mental impairment that prevents performance
of required duties of the employee's position and the employee cannot be reasonably
accommodated. The City may require an examination at its expense performed by a
physician of its choice. Failure to submit to such request may result in terminations.
10.02.020 No employee will be disciplined or terminated for a discriminatory or otherwise illegal
reason.
10.03 LAYOFF
10.03.010 The Mayor shall be responsible for laying off employees in response to a City Council
determination that a lack of work, budgetary restrictions or other changes have taken
place.
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10.03.020 Temporary employees or employees who have not completed their probationary period
will be laid off before regular employees.
10.03.030 In determining who is to be laid off, consideration will be given to individual performance
and the qualifications required for remaining jobs. Seniority will be considered when
performance and qualifications are equal.
10.03.040 Employees who are laid off may be eligible to be re-employed, if a vacancy occurs in a
position for which they are qualified.
10.03.050 Except as required by budgetary restrictions, no employee will be laid off without at least
two (2) weeks written notice. (Resolution 270, 10/92)
10.04 RESIGNATION
10.04.010 An employee should provide two (2) week -s_! ti weei,.s' notice of resignation.
(Resolution 270, 10/92) The employee's Department Director or the City Administrator
may waive this time limit.
10.05 EXIT INTERVIEW
10.05.010 Whenever an employee leaves the service of the City of Yelm, there is a loss of talent to
the organization and a substantial cost involved in finding a replacement. All separating
City employees are valuable sources of information regarding working conditions
observed and/or experienced during the period of their employment with the City of Yelm.
The City of Yelm strives to maintain a work environment that is positive. It is the policy of
the City of Yelm to encourage all individuals separatingfrom City employment to comment
on their work experience with the City so that the reasons for employee turnover may be
effectively and consistently monitored and addressed.
10.05.020 Employees will be afforded an opportunity to constructively comment on City employment
through a discussion with the Department Director, City Administrator or Mayor.
10.06 DEATH
10.06.010 Upon the death of an employee, all compensation due shall be paid to the surviving
spouse or the estate of the employee.
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APPENDIX A
VIOLENCE IN THE WORKPLACE CRISIS PLAN AND PROCEDURES
Achieving Goals and Evaluating Process
To achieve the goals and objectives of this policy, the city intends to do the following:
o Establish procedures and methods for implementing policies and for addressing violence in
the workplace.
■ Provide training to increase awareness and recognition of potentially violent situations and
behaviors.
• Check references of all prospective employees.
Establish a zero tolerance policy towards violence and consider threats of violence as acts of
violence.
Develop a written policy of how to respond to security threats.
• Limit public access to work areas when logistically possible.
• Evaluate the physical environment for safety and consider modifications.
Evaluate progress in achieving the goals and objectives of this policy.
Emplay�� Respanse Procedures
When a violent act occurs:
If an act or altercation constitutes are mer�encv. CALL 9-911.
The City of Yelm staff should become familiar with the following plan of action in order to best address
any issues of workplace violence. Workplace violence can include varying degrees of threat, including
displaying irrational behaviors or anger, physically assaulting persons or property, or using or
threatening to use a weapon.
Location and Exits
Each Department Director shall inform all department employees of appropriate exits to use in the
event of a violent occurrence requiring escape of the building.
Emergency Plan
Depending upon the circumstances, an escape/exit route could be any window or door. If it is
necessary to leave the building and depending upon the direction of travel, go to the pre -determined
location until help arrives.
The following actions may be taken in the event of violence in the workplace;
No Weapons Implied or Shown:
A. If you see or feel the situation escalating, and no weapons are implied or present,
remove yourself from the situation immediately to ask for assistance from the Department
Director or City Administrator.
B. If the Department Director is unable to defuse the situation or remedy inappropriate
behavior by a citizen or employee, he/she will say the code word DENNIS, this signals any staff
member to call the Police at 9-911 and/or press the panic button.
C. If a staff member hears the word DENNIS stated by an employee at any time, go to a
back office and call the Police at 9-911 and/or press the panic button if possible.
�R
D. Other methods of seeking help: Yell for help; push the panic button, call 9-911; lock
any door between you and the threat/person; get behind a physical barrier such as a desk or
counter if it doesn't block you in; leave the area using an escape/exit route as mentioned
above.
E. If the opportunity presents itself in any of these situations, remove yourself from
danger, go to the agreed upon location and call 9-911.
II. Weapons Implied or Shown:
A. If a firearm or explosive device is present, calmly go to a back office and call 9-911..
B. Attempt to notify co-workers with the code word DENNIS. Attempt to hit the panic
button if possible. Remain as calm as possible.
C. If a firearm is drawn, drop to the floor and seek cover.
D. If the weapon is not a firearm or explosive device, there may be time for help to arrive
before any personal harm is inflicted
E. If the opportunity presents itself in any of these situations, remove yourself from the
danger, go to the agreed upon location and call 9-911.
Follow -Up Procedures
• Secure work areas where disturbance(s) occurred.
• Account for all employees and others and ensure the physical safety of those remaining in the
area as soon as possible.
• Provide for site security while others assist the victim or help in securing the area.
• Quickly access the work areas, if it was disturbed or damaged during an incident, to determine
if it is safe.
Management Response Procedures
• If employees experience workplace violence, check for the health and safety of yourself first.
If you are okay, check for the safety and health of others involved in the incident. If they are
not okay, let others know you need medical help immediately, and ask them to call 9-911.
• In instances that involve emergency situations, or criminal activity, the Department Director
will contact the City Administrator and the Police Department. Incidents involving emergency
situations and/or criminal activity will be referred to the Police Department for assessment
and, if necessary, investigation.
• Minimize talking among employees prior to preparation of an incident report. This aids in
obtaining the most accurate account of what happened. Submit the completed incident report
to the Department Director who will refer it immediately to the City Administrator.
• Debriefing may occur with a Critical Incident Stress Debriefing Team from either the Police
Department or Fire Department. They can help employees deal with the effects of experiencing
workplace violence.
• Individuals may also contact the Association of Washington Cities with the employee
assistance program to work through the situation.
• Provide accurate communication to outside agencies, media and law enforcement.
Conducting an Investigation
Incidents involving emergency and/or criminal activity will be referred to the Police Department for
investigation. Incidents that do not involve an emergency situation, and/or criminal activity, will be
handled by the City Administrator who will determine whether an investigation is needed and who will
conduct the investigation.
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1. Data Collection: There are great liabilities and legal implications associated with violent
behavior in the workplace, therefore, before beginning any investigation, consult with the City
Administrator and appropriate legal counsel. The investigation could lead to disciplinary action;
please be sensitive to the rights of all persons involved and proceed in a manner that
demonstrates objectivity, fairness and a concern for confidentiality. Remember to document
all aspects of the investigation.
2. Interview with the Alleged Victim: When talking with the alleged victim, speak clearly and non -
judgmentally. Approach the interview in a sensitive, supportive manner. The goal of the
interview is to develop a true and accurate account of the incident.
• Obtain the date/time of the violent incident.
• Find answers to the questions: who, what, when and where.
• Find out what specifically happened in this and any other incidents.
■ Determine the background of the situation, including the relationship between the parties
before the incident.
• Obtain the names of anyone else who: a) saw or heard the incident, b) has spoken with the
alleged victim about the incident, c) may have had encounters with the alleged offender.
• Find out what the alleged victim did in response to the violent encounter.
• Find out whether the alleged victim has documented the incident, or any other violent
encounters that the victim has had with the alleged offender.
• Reassure the alleged victim that the City is actively responding to the incident and that any
retaliation will not be tolerated.
3. Interview with the Alleged Offender: Approach the interview in a non judgmental, sensitive
manner. Keep in mind that a person in innocent until proven at fault. Unreasonable
assumptions of guilt before an investigation has been complete can impede an appropriate
investigation.
• If the alleged offender asks for representation, allow it.
• Present the incident or incidents described by the alleged victim, or your own observation if
you directly saw the incident.
• Get the alleged offender's side of the story.
• Investigate with such questions as: a) "describe the incident that occurred between you and
the alleged victim"; b) "describe your relationship with the alleged victim and other interactions
that you have had".
• Listen attentively as the alleged offender talks.
• Advise the offender of the seriousness of any form of retaliation against the alleged
recipient/victim, or any action that might be interpreted as retaliation.
4. Interviews with Observers or Others in the Workplace: In an investigation, realizing that
observers may also be disturbed by the violent interaction they have witnessed. Investigate
with questions such as:
• "What type of interaction did you observe between the alleged offender and the alleged
victim?"
• "Are there others who might be able to comment, or who observed the same incident?"
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