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270 Policy Amendment For Cause TerminationCITY OF YELM RESOLUTION N0. 270 PERSONNEL POLICY AMENDMENT - "FOR CAUSE" TERMINATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YELM AMENDING THE PERSONNEL POLICIES FOR THE CITY OF YELM BY PROVIDING FOR NOTICE AND A STATEMENT OF CAUSE PRIOR TO TERMINATION OF CERTAIN EMPLOYEES. WHEREAS, the City of Yelm seeks to avoid political patronage in selecting employees; WHEREAS, the City Council finds that it is in the best interest of the City and will be supportive of recruiting and retaining high quality employees for the City to provide notice and a statement of reasons prior to terminating regular employees; and WHEREAS, the elected officials of the City require broad discretion and flexibility in selecting and retaining the City Administrator, department heads and other policy-making employees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES RESOLVE THAT THE YELM PERSONNEL POLICIES SHALL BE AMENDED AS FOLLOWS: Section 1. That the first sentence of section 1.1(b) shall be amended to state: Except as otherwise stated herein, these personnel policies apply to all City employees. That section 1.1(c) shall be replaced in its entirety and amended to read as follows: Unless otherwise expressly provided by law, ordinance, civil service rules or regulations, or by written contract, the City Administrator, all department heads, all temporary employees and all employees who have not completed their trial 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 only be terminated by written notice and with an opportunity for a hearing as set forth in Chapter 10 of these policies. CITY OF YELM RESOLUTION N0. ~~n PAGE 1 That the following definition shall be added to section 1.5: Regular Employee: A full-time or part-time employee who is not a temporary employee and who has successfully completed a trial period. That the definitions of Regular Full-Time and Part-Time Empoloyee shall be deleted and replaced by: Full-Time Employee: An employee wha regularly works an average of 145 hours per month (35 hours per week} on a continuing basis. Part-Time Employee: An employee who works fewer hours than a full-time Employee. That section 3.3 shall be amended by the addition of a new subsection (d}: Temporary employees are at-will employees. They may be teminated without the hearing and notice provided for by section 10.3. That section 10.1(d) shall be amended as follows: The following are examples of the types of behavior which may result in discipline, including possible_termination: That the first paragraph of section 10.3 shall be amended as follows: In the case of termination of an employee, other than a trial or tempara.ry_employee. the City will conduct a pre- termination hearing. That section 10.3(a) shall be amended to read as follows: In the event a department head or the City Administrator desires to terminate a regular employee, the department head or City Administrator shall provide a written recommendation for termination to the Mayor and shall give a written notice of termination to the employee. Both the recommendation and notice shall include an explanation of the basis of the recommendation for termination. The upon receipt of such recommendation the Mayor will schedule and shall provide written notice of the time, date and place for a pre- termination hearing. Unless the employee consents in writing to an earlier time, the peemination hearing shall not be held earlier than fourteen (14) days following delivery of notice of the hearing to the employee. At the discretion of the Mayor, an employee may be placed on CITY OF YELM RESOLUTION N0. 270 PAGE 2 ti administrative leave while awaiting the hearing. The notice to the employee shall be delivered by certified or registered mail, return receipt requested, or by personal service in the same manner as service of process. Notice by mail shall be deemed delivered three days following deposit in the United States mail to the employee's last known address. The City is not obligated to make other attempts to notify an employee. After the City has given notice by one or more of the described methods, the hearing may be held as scheduled. If the employee refuses or fails to appear at the scheduled hearing, at its discretion the City may proceed with the recommended termination in the employee's absence. That section 10.3(d) shall be amended by adding the following sentence: Any cause, charges or grounds found by the Mayor or a designated representative to be credible and to support termination pursuant to a pre-termination hearing shall be presumed to be valid. That section 10.4 (Layoff} shall be amended by the addition of section 10.4(e) to read: Except as required by budgetary restrictions, no employee will be laid off without at least two (2) weeks written notice. That section 10.5 (Resignation) shall be amended by replacing the words "four (4) weeks" with "two (2) weeks." Section 2. Unless expressly stated in this resolution, nothing herein is intended to amend or supersede Section 1.2 or other existing general policy statments or personel polcies of the City of Yelm.l These policy amendments shall be effective immediately. ADOPTED th i s 14th day of October 1992 Rober A. . ATTE T: Shelly A. adger, City lerk PASSED and APPROVED: 10-14 1992. CITY OF YELM RESOLUTION N0. 270 PAGE 3