02 28 2023 Yelm City Council Agenda Packet 1 r
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CITY COUNCIL AGENDA
February 26, 2023 6:00 PM
Yelm City Council meetings are held in-person at 106 2nd St SE Yelm,WA 98597 and virtually on Zoom. Registration is
required to attend virtually; please use the link below to register.
httas://us06web.zoom.us/webinar/register/WN aaW8i7MgS0aBM6fiWYPaeg
1. CALL TO ORDER/ROLL CALL
2. AGENDA APPROVAL
3. SPECIAL PRESENTATIONS
a) City of Yelm Recreation Activities Update
4. PUBLIC COMMENT—COMPLETE A BLUE SPEAKER'S CARD OR RAISE HAND VIRTUALLY
5. CONSENT AGENDA
a) February 14, 2023 Yelm City Council Minutes
6. NEW BUSINESS
a) Resolution No. 624 - Methodology for Staff Time Spent Redacting Body Camera Video Footage
Motion to approve Resolution No. 624 approving the methodology used to calculate the fee for staff
time spent redacting body camera video recordings for certain requestors
b) Resolution No. 633 - Personnel Policy Revision
Motion to approve Resolution 633 revising City of Yelm Personnel Policies
c) Nisqually Construction LLC Public Works Contract
Authorize Mayor DePinto to sign a public works contract with Nisqually Construction LLC in the not to
exceed amount of$340,000 for the design and build of a new stage and Yelm City Park
d) Confirmation of Appointments to the City of Yelm Advisory Boards &Commissions
Motion to confirm Mayor DePinto's appointments to the Planning Commission, Arts Commission,
Parks Advisory Committee, and the Police Advisory Committee
7. OLD BUSINESS
a) None Scheduled
8. STANDING COUNCIL COMMITTEE REPORTS
a) Public Safety Committee
b) Public Services Committee
c) Finance Committee
106 2nd ST SE•Yelm,WA 98597 •360.58.3244 •www.yelmwa.gov
The City of Yelm is an equal opportunity employer and provider
9. MAYOR/CITY ADMINISTRATOR/STAFF REPORTS
10. COUNCILMEMBER REPORTS
11. EXECUTIVE SESSION
a) 30 Minute Executive Session to discuss with legal counsel potential litigation RCW 42.30.110(1)(i) and
for the consideration of site selection or acquisition of real estate RCW 42.30.110(1)(b)
12. ADJOURN
MEETING INFORMATION
All regular Yelm City Council meetings are recorded. Meetings can be viewed at www.velmwa.gov or a copy
may be purchased by contacting the City Clerk's office at 360.458.8816.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require
reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at
360.458.8816 at least four(4) working days prior to meeting. Information on the Americans with Disabilities
Act and the Title VI Statement is available at www.yelmwa.gov/human-resources.
*The public comment portion of the agenda is an opportunity for the public to address the Council for items
that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on
matters listed on the published agenda are welcomed as part of the normal agenda.
Public Comment Guidelines: The City reserves up to five members of the public to address the Council at the
beginning of regular business meetings on topics that are not on the agenda. Each speaker will be given 3
minutes and may be asked follow up questions by the Mayor or Council. Further public comment may be
allowed on agenda topics as time permits. We ask that speakers use respectful language and remember they
are speaking to fellow citizens of Yelm who are committed to listening and responding appropriately to
citizens' concerns.
Members of the public engaging in disruptive behavior may be removed or blocked from the meeting.
Page 2 of 2
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CITY COUNCIL MEETING MINUTES
VIRTUAL AND IN PERSON
TUESDAY, FEBRUARY 14, 2023
Call to Order: Mayor Joe DePinto called the meeting to order at 6:00 PM.
Roll Call: James Blair, Joseph Richardson, Joshua Crossman, Holly Smith, Ashley
Brooks, and Mayor Joe DePinto.
Absent—Terry Kaminski and Brian Hess
Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, Finance
Director Stephanie Dice and Public Services Director Cody Colt
APPROVAL OF THE Motion by Holly Smith to approve the agenda as presented
AGENDA Seconded by Joshua Crossman
Motion carried 5-0
SPECIAL
PRESENTATIONS: None
PUBLIC COMMENT: None
CONSENT AGENDA: a) January 24, 2023 Minutes
b) January 2023 Check Register and Position Summary
c) Mayoral Proclamation— Black History Month
Motion by Joseph Richardson to approve the consent agenda as
presented
Seconded by Holly Smith
Motion carried 4-1
NEW BUSINESS: Amendment to PSA for Water System Plan
Motion by Holly Smith to Authorize Mayor DePinto to approve
Amendment No. 1 to the Professional Services Agreement with RH2,
Inc. Inc. for an amount not to exceed $60,530, for development of a
water system hydraulic model as part of the update to the City's
Water System Plan.
Seconded by James Blair
Motion carried 5-0
Resolution No. 631—Adopting a Travel Policy
Motion by Holly Smith to approve Resolution No. 631 adopting
a travel policy.
Seconded by James Blair
Motion carried 5-0
Resolution No. 632 Agreement for Collection and Disposal of Waste
Materials
Motion by Joshua Crossman to approve Resolution No. 632
authorizing Harold Lemay Enterprises to provide services for
collecting and disposing of waste materials
Seconded by James Blair
Motion carried 5-0
OLD BUSINESS: None
STANDING COUNCIL COMMITTEE REPORTS:
Public Safety Committee—Councilmember Smith reported that the Public Safety
Committee met and discussed the following:
• Two new vehicles have been ordered
• Hiring three new officers
• The 3rd SRO position has been filled and they would like a 4th SRO for Elementary
School
• The Police Department has received steering wheel locks for citizens who own
Hyundai vehicles due to the number of thefts
• A speed radar sign will be placed on Cullens Road
• The state is pushing for the department to have Chaplin services and a wellness
program
• Updates on passport application processing
• There is a new TV in the lobby for displaying court dockets and to provide important
information to the public who enter the building
Finance Committee—Councilmember Richardson reported that the Finance Committee
met and reviewed the following:
• January 2023 Check Register and Position Summary report
• Travel Policy
MAYOR/CITY ADMINISTRATOR/STAFF REPORTS:
City Administrator Stancil Updates—
• The Police Department held interviews last week
• The City is hiring for a Wastewater Treatment Plant Operator
• Beautification Grant applications are due by March 3rd
• Lodging Tax applications are due March 1st
• Pothole patching started today and will last about a week.
Public Services Director Colt -
• Three new trucks were delivered today for the new employees
Mayor DePinto—
• Held a meeting with YMCA Stakeholders on Friday. The next meeting will be held in
March after a discussion with the City Council at the March Study Session
• Military meeting was held and discussed a Veterans Memorial and the Military
Banner program is back.
• Gave a State of the City address at the Chamber of Commerce meeting
COUNCILMEMBER REPORTS:
Councilmember Blair-
Councilmember Richardson—
• Attended the Chamber of Commerce State of the City, the Senior Center Breakfast
and the Solid Waste Advisory Committee (SWAC) Meeting
Councilmember Crossman—
• Requested to add a discussion on the Big Rocks to the agenda for the Council
Retreat
• Encouraged everyone to attend Planning Commission meetings
• Had a tour of City Facilities
Councilmember Smith—
• Attended the TCOMM meeting, Community Conversations, SE Thurston Fire
Authority meeting, YMCA meeting and the Senior Center Breakfast
Councilmember Brooks—
• Attended a Kindness fundraiser at Prairie Elementary, Community Resource Fair,
Chamber Drive 507, Movie Night at Millpond School, Public Safety Committee
meeting, Homeless Task Force meeting, Community Conversations, Yelm
Community Schools Study Session, tour of the city facilities, Friendship Bracelet
Fundraiser
• Participated in the Point in Time Census
• Shared that Yelm Community Schools is looking for a new Superintendent
ADJOURNMENT: Motion by James Blair to adjourn the meeting at 6:44 PM.
Seconded by Joshua Crossman
Motion carried 5-0
Joe DePinto, Mayor
Kathy Linnemeyer, City Clerk
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WASHINGTON
Meeting Date: February 28, 2023
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: CLARIFYING AND APPROVING THE METHODOLOGY USED TO CALCULATE THE
FEE FOR STAFF TIME SPENT REDACTING BODY CAMERA VIDEO RECORDINGS FOR CERTAIN
REQUESTORS
PROPOSED MOTION: Motion to approve the methodology used to calculate the fee for staff
time spent redacting body camera video recordings for certain requestors as approved in
Resolution No. 624 on January 10, 2023.
KEY FACTS AND INFORMATION SUMMARY:
To enhance open government and public agency transparency, Yelm Police Department
implemented a Body Worn Video (BWV) program in 2022. Officers wear body cameras and
capture recordings that are public records subject to the Washington Public Records Act (PRA),
RCW 42.56.
Pursuant to RCW 42.56.240(14)(f), law enforcement agencies are permitted to charge
requestors not exempted under RCW 42.56.240(14)(e) the reasonable costs of redacting videos
including the cost of redaction technology provided it is the least costly commercially available
method prior to disclosure. The Yelm Police Department does not intend to charge requestors
technology costs. The Yelm City Council approved the amount of$ .68 per minute for actual
staff time spent redacting body camera video recordings in Resolution No. 624.
In order to determine the cost of staff time to redact body camera video recordings the Yelm
Police Department analyzed a 2017 Body Worn Video Redaction Cost Study completed by the
Seattle Police Department (SPD), which determined the amount of time it takes to redact such
footage, and multiplied that amount of time by the City of Yelm Police Department
Administrative Assistant staff salaries to determine the "reasonable cost for such redactions".
Seattle PD completed stopwatch style time studies to determine the amount of time it takes to
redact Body Worn Video recordings (see attached). Then they created a cost per minute of
redaction time based on the weighted staff salary costs.
1iPage
EST.1924
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Meeting Date: February 28, 2023
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
The methodology to calculate the fee of$.068 per minute to recover the cost of actual staff
time incurred by the City for redacting body worn video is attached. Detail of Rate Calculation
ATTACHMENTS:
• Resolution No. 634
• City of Seattle Body Worn Video Redaction Cost Study Narrative, February 2017
• Detail of Rate Calculation
Respectfully Submitted:
Rob Carlson
Police Chief
21 Page
RESOLUTION No. 634
A RESOLUTION OF THE CITY OF YELM, WASHINGTON, APPROVING THE METHODOLOGY USED
TO CALCULATE THE FEE FOR STAFF TIME SPENT REDACTING BODY CAMERA VIDEO
RECORDING FOR CERTAIN REQUESTORS
WHEREAS, the Yelm Police Department implemented a Body Worn Video program in
2022; and
WHEREAS, body camera recording are public records subject to Chapter 42.56 RCW and
the Washington State Public Records Act; and
WHEREAS, pursuant to RCW 42.56.240(14)(f), law enforcement agencies are permitted
to charge requestors not exempted under RCW 42.56.240(14)(e) the reasonable cost of
redacting videos prior to disclosure; and
WHEREAS, the Yelm Police Department analyzed a 2017 Body Worn Video Redaction
Cost Study completed by the Seattle Police Department, which determined the amount of time
it takes to redact such footage, and multiplied that amount of time by the Yelm Police
Department Records staff salaries to determine the "reasonable cost" for such redactions; and
WHEREAS, the City Council approved the rate of$.068 per minute for time spent
redacting Police worn camera footage in Resolution No. 624 on January 10, 2023; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yelm, Washington
as follows:
THAT: the City Council approve the methodology used to calculate the fee for actual
staff time cost incurred for redacting body camera video recording for requestors not exempted
under RCW 42.56.240(14)
Approved this 28th day of February, 2023
Joe DePinto, Mayor
Attest:
Kathy Linnemeyer, City Clerk
City of Seattle
Body Worn Video Redaction Cost Study
Narrative
February 2017
Background
SPD has implemented a Body Worn Video (BWV) program. Officers will wear body cameras and will
capture recordings that are public records subject to the Washington Public Records Act, Chapt.42.56
RCW (PRA).The PRA allows a law enforcement agency responding to requests for BWV recordings to
charge certain requestors the reasonable costs of redacting videos prior to disclosure.The purpose of
this cost study is to determine those reasonable costs. Allowable redaction costs are in addition to
copying costs that agencies are legally allowed to charge requestors.
Introduction
With the exception of the following requestors,the PRA allows an agency to charge a requestor the
reasonable costs of redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any
portion of the body worn camera recording prior to disclosure:
• A person directly involved in an incident recorded by the requested body worn camera
recording;
• An attorney representing a person directly involved in an incident recorded by the requested
body worn camera recording;
• A person or his or her attorney who requests a body worn camera recording relevant to a
criminal case involving that person;
• The executive director from either the Washington state commission on African-American
affairs,Asian Pacific American affairs, or Hispanic affairs; or
• If relevant to a cause of action, an attorney who represents a person regarding a potential or
existing civil cause of action involving the denial of civil rights under the federal or state
Constitution,or a violation of a United States department of justice settlement.
An agency that charges redaction costs must use redaction technology that provides the least costly
commercially available method of redacting body worn camera recordings,to the extent possible and
reasonable.
The purpose of this cost study is to determine the reasonable cost of redacting BWV recordings in order
to provide a requestor the estimated cost of redacting particular BWV recordings and,to provide
requestors a choice of redaction types in order to reduce costs to those requestors.
ATTACHMENT 1
57
Principles
• We charge for redactions based on the parameters provided in the PRA
• We charge staff time directly applicable to redacting videos
• We charge staff time (salary+ benefits)for no more than the lowest-paid employee assigned
responsibility for redacting video
• We have highly-skilled Video Specialists who apply their expertise to redact video in an efficient
and skillful manner
• We use redaction technology that most effectively and efficiently meets the administrative and
operational needs of the Department
• We do not charge requestors any costs related to the redaction technology
• The City incurs substantial costs for video management, processing, storage, and redaction
technology
• In addition to allowed redaction costs, we charge requestors the actual cost of copies of BWV
recordings as provided in the PRA
Types of Redactions
• Targeted Video Redaction of Person or Object with or without Targeted Audio Redaction:This
blurs or blacks out the face or identifying features of an individual or object and removes
exempt audio content
• Targeted Audio Redaction Alone:This removes exempt portions of the audio
• Targeted Blackout of Screen or Targeted Screen Blur with or without Audio Removal:This
completely blacks out targeted segment(s)of video. It may also remove all audio from the
segment(s)as called for
• Complete Screen Blur and Audio Removal:This blurs the entire screen for the entire duration of
the video and removes all audio for the entire duration of the video
• The types of video redactions are illustrated in the next section
Video Redaction Type Illustrations
Targeted Video Redaction' Targeted Blackout of Screen Screen Blurt
9 REDACTED
'The size of the dot or shape obscuring an individual or object may vary to ensure that exempt identifying details
are sufficiently obscured.
2 Screen Blur may be targeted for a specific length of time within a video or for the entire duration of the video at
the option of the requestor.Screen blur here is illustrated at 60%blur.The level of blurring may vary to ensure
that exempt identifying details are sufficiently obscured
ATTACHMENT 1
58
Redaction Process
The cost of redacting video using current technology reflects actual staff time derived from the workflow
necessary to apply redactions as detailed in the SPD Redaction Process Workflow, attached to this Cost
Study.
Time Studies
Stopwatch style time studies were conducted to determine the amount of time it takes to redact BWV
recordings including how long it takes to fully blur and remove audio from an entire video, eliminate one
minute of video, redact one minute of simple audio, redact one minute of complex audio, redact one
minute of simple video, and redact one minute of complex video.
Time Study Results:
Redaction Type Actual Time Redaction Time
Targeted Video Redaction with or 1 Minute per individual or 10 Minutes per individual or
without Targeted Audio Redaction object redacted object redacted
Targeted Audio Redaction Alone I 1 Minute 5 Minutes
Targeted Blackout of Screen, 1 Minute 4.5 Minutes
Targeted Screen Blur with or
without Audio Removal
Complete Screen Blur and Audio Per Video 1 Minute
Removal
Video Specialist Weighted Salaries
The weighted salaries for Video Specialists within SPD range from $.61 per minute to $.89 per minute.
The PRA allows agencies to charge the actual cost of redacting BWV recordings including the cost of
redaction technology provided it is the least costly commercially available method.The Video Specialists
weighted salary amounts do not include the cost of redaction technology and the City does not intend to
charge requestors technology costs at this time.The City intends to charge requestors at the rate of$.60
per minute of Video Specialist time to redact body worn videos. This rate is below the actual cost
incurred by the City for redacting video.
Estimating Redaction Costs
Based on the results of the cost study, SPD Public Disclosure Unit staff will calculate estimated redaction
costs at the following rates:
Redaction Method Estimated Cost Per Minutes to Redact Per Estimated Cost of Redaction
Minute to Redact Minute of Raw Footage Per Minute of Raw Footage
Targeted Video $0.60 per 10 per individual or $6.00 per individual or
Redaction with or individual or object object redacted object redacted
without Targeted redacted
Audio Redaction
Targeted Audio $0.60 5 $3.00
Redaction Alone
ATTACHMENT 1
59
Targeted Blackout of $0.60 4.5 $2.70
Screen,Targeted
Screen Blur with or
without Audio
Removal
Complete Screen Blur $0.60 N/A $0.60/video
and Audio Removal
SPD Will Charge Redaction Costs Based on Actual Redaction Time
The City will charge requestors redaction costs reflecting the actual time it takes to redact a particular
video calculated at the rate of$0.60 per minute.
ATTACHMENT 1
60
ATTACHMENT
SPD Redaction Process Workflow for Body Worn Video Redaction
1. Receive Initial Video Request
a. Locate video in Evidence.com using one or more of the following fields:case number,
officer ID,and date/time
b. Conduct additional research in RMS/CAD to locate additional video not tagged by
officer, if needed.
c. If one video is identified,then a direct download from Evidence.com can be conducted.
d. If multiple videos are identified,then a bulk download is requested (Evidence.com is a
cloud-based system)
e. If targeted video and/or audio redaction is required proceed to either Step 2 or Step 3
depending on whether redaction will be done jointly by PDO and Video Specialist or by
Video Specialist working independently
f. If complete screen blur and audio removal is required, proceed to step 4
2. Coordinated PDO/Video Specialist Redaction Process
a. Unzip video files and place videos temporarily on local machine
b. Receive Evidence.com download link via email and download videos.
c. Upload videos to GOVQA for PDO to identify redactable content.
d. Video Specialist deletes video files from local machine.
e. PDO watches and listens to video identifying content that requires redaction, detailing
relevant time codes.
f. PDO sends redaction request to Video Unit
g. Video Unit receives request in GOVQA or Video Unit Electronic Ordering Form (one
redaction request will usually contain multiple video files that need redacting).
h. Review redaction instruction spreadsheet with video timecodes, description of
identifying information, and type of redaction (blur, audio only, etc.)
i. Print hard copy of request.
j. Locate videos in GOVQA.
k. Download to local workstation.
I. Import files to Adobe Premiere.
m. Conduct audio/video redactions as indicated in spreadsheet provided by the PDO.
3. Video Specialist Only Redaction Process
a. Unzip video files and place videos temporarily on local machine.
ATTACHMENT 1
61
b. Receive Evidence.com download link via email and download videos.
c. Download to local workstation.
d. Import files to Adobe Premiere Video Specialist watches and listens to video identifying
content that requires redaction.
4. Video Specialist applies redactions
a. If Complete Screen Blur and Audio Removal is required,Video Specialist applies blur to
entire video and removes all audio as appropriate.
b. If Targeted Blackout of screen or audio redaction is required,Video Specialist will apply
blackout and remove audio at appropriate points in video.
c. If Targeted Screen Blur or audio redaction is required,Video Specialist will apply screen
blur and remove audio at appropriate points in video.
d. If the Targeted Video Redaction is required,Video Specialist must selectively
blur/obscure video FRAME BY FRAME to ensure the exempt content is removed
i. Camera movement, lighting conditions, environment, proximity of
individuals/objects to camera, number of individuals/objects to be redacted,
and other qualitative factors will contribute to the complexity of the redaction.
e. Multiple passes of the video will be required to track individuals and/or ensure that all
exempt video and audio content has been redacted throughout video.
f. Video Specialist conducts quality assurance by replaying video in real time 1:1 or slower
2:1 and event 3:1 to refine redaction and ensure redaction accuracy.
g. Export videos from Adobe Premiere.
5. Redaction Distribution
a. Upload/Transfer redacted files to GOVQA.
b. Notification is generated after video redaction is complete and is sent to PDO that
redaction is complete.
c. PDO receives the video files and reviews videos for accuracy.
d. If additional redactions are identified,then request is re-submitted to Video Specialist.
e. If no additional redactions are required,then Video Specialist logs request as
completed.
ATTACHMENT 1
62
EST.1924
ry" " - WASHINGTON
MEMORANDUM
DATE: 02/28/2023
TO: Yelm City Council
FROM: Rob Carlson, Police Chief
SUBJECT: Body Camera Redaction Fee
The rate of $0.68 per minute charged to requestors for time spent redacting Police worn
camera video footage was calculated using the following method.
The 2022 salary range for the Administrative Assistant in the Police Department was used to
calculate the median salary for the position.
Low $27.15 High $32.57 Median $29.86
City paid benefits calculated at .37%. (Retirement, Medical Insurance, WA PFMLA)
Median rate of $29.86 * .37 = $11.05 Hourly Benefit Rate
The median hourly rate $29.86 + the benefit hourly rate $11.05 = Total hourly rate $40.91.
Hourly rate of$40.91/60 (minutes in an hour) = $0.68 per minute rate as approved in
Resolution No. 624 on January 10, 2023.
RESOLUTION 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
Joe DePinto, Mayor
Attest:
Kathy Linnemeyer, City Clerk
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WASHINGTON
Personnel Policies
City of Yeim, Washington
106 Second Street SE
Yeim, WA 98597
February 2023
Table of Contents
Chapter 1 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
Chapter 2 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
Chapter 3 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
Chapter 4 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
Chapter 6 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 471 4/07); 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 may be 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
1
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 notify their 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 that the 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.
2
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:Afull-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;
3
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 oQf 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.
4
Chapter 2 HOURS AND ATTENDANCE
2.01 WORKING HOURS
2.01.010 The City'c wor gCity's working 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.
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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.
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2.07 PAYROLL RECORDS
2.07.010 The Finance Department oFDeoartment or 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.
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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 prior to 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
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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 may be 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. During the 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
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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 parties 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 request for 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
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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,work force 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 2 Weeks Salary
3 -5 Years 4 Weeks Salary
6 Years or more 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.
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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 by the 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.
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6.03.070 The City participates in the Washington State Unemployment Compensation Program.
16
Chapter 7 LEAVES OF ABSENCE AND TIME OFF
7.01 LEAVES
7.01.010 The City has ten (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 Vacation Hours Earned Per Month
0-24 8 hours
25-48 8.67 hours
49-120 10 hours
121-180 13.33 hours
181-240 15 hours
241 or more 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 yearto 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 at the 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 dcyc timodays' time
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.
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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 pay for 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 paid holidaysnaid holidays per year.The following
holidays are recognized by the City:
New Year's Day January 1
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Day December 25
Two Personal Leave Days 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 1 1/2 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.
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7.09.050 Police Department employees working in specialty positions (DARE, SRO, •Dotoctivoand
Detective) 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-I4ired 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 request for
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.)
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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
order to 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
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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 FM LA and time-loss from Worker's Compensation (L & I) 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 FM LA.
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 but for the 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
for an FMLA qualifying reason must comply with the process for taking and receiving FMLA
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 FM LA 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 FM LA-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 FM LA 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 by the 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 or the
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 that the employee submits is incomplete or insufficient,the Human
Resources Director will advise the employee of this fact and will state in writing what
additional information is necessaryto 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
allowing the 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 FM LA 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 policy or 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 FM LA-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 FM LA 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 9 or Intermittent Leave (Family Medical Andand 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's serious health condition or the 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
em ployee.
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/her job. 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 for job 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 may be 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 bonding/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 protecting the 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)
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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 questions from 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:
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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 prior to returningto duty. In addition,at least six follow 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 may be 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 that the 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 by the 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:any technology used to facilitate 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(P2P), 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
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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.
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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,
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or connected to, City-owned Technology Resources unless an exception has been
granted and documented in writing.
I. 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_ ovncdowned
TcchnolgyTechnologv 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 prohibit violent 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.
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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
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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 environment for 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.
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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 ata 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,
vicaticneor 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.
42
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
Councilmembers Mayor
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 lawjudge:
Office of Administrative Hearings
919 Lakeridge Way SW
P.O. Box 42488
Olympia, WA 98504-2488
(360) 664-8717
The City of Yelm will consider any recommendation provided by the administrative
lawjudge 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 Attorney General's Office
Thurston County Courthouse Fair Practices Division
2000 Lakeridge Dr. SW 2000 Bank of California Center
Olympia, WA 98502 900 Fourth Ave, Suite 2000
360-754-5540 Seattle, WA 98164
206-464-6684
State Auditor's Office U.S. Attorney
Legislative Building 800 Fifth Avenue, Suite 3600
P.O. Box 40021 Seattle, WA 98104-3190
Olympia, WA 98504-0021 206-553-7979
360-902-0370
45
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 under the influence of or while
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 anti-discrimination/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,or the 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.
46
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. As a 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.
47
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) wool's noticoweeks' 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 separating from 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.
48
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:
• 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.
Employee Response Procedures
When a violent act occurs:
If an act or altercation constitutes an emergency. 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;
I, 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.
49
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.
50
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?"
51
I i{ T5v"nsnEna'raa City of Yelm
INTRODUCTION
The City of Yelm enacts these policies in order to further the following goals:
(a) To provide a uniform system of personnel administration
(b) To ensure that the recruitment, selection, placement, promotion, retention
and separation of City employees is based upon employees' qualifications
and fitness, and is in compliance with federal and state laws.
(c) To assist department heads in the development of sound management
practices and procedures.
(d) To enable employees to make effective and consistent use of their skills
and abilities.
(e) To promote communication between elected officials, department heads,
supervisors and other employees.
(f) To define and clarify the role of employees.
This personnel handbook is a general informational guide to current employment
practices and procedures. As such, we hope it will help you better understand
how Yelm operates and what is expected of you as an employee. These policies
also describe what Yelm provides you in terms of compensation, benefits and
other support.
Personnel Policies
Rev. 2001.01; 2005.03; 2006.01, 2008-01, 2011-01
City of Yelm.
PURPOSE AND SCOPE OF POLICIES
IMPORTANT: PLEASE READ
This handbook shall not be construed to create a contract, expressed or implied,
or any type of promise or guarantee of specific treatment upon which any
employee may rely, or as a guarantee of employment for any specific duration.
Although we hope that your employment relationship with us will be long term,
we recognize that things may not always work out as hoped and either of us may
decide to terminate the employment relationship. All non-union employees of
Yelm are considered at-will employees and may be terminated from City
___.__ ___1 time,
_ with without
_.l and with 11._..1 1'-_ Please_-_
employment at any ime, or without cause or without notice. Please
understand that no supervisor, manager or representative of Yelm other than the
Mayor or City Administrator has the authority to enter into any agreement with
you for employment for any specified period or to make any written or verbal
commitments contrary to the foregoing.
Yelm reserves the right to amend, delete, supplement, or rescind any of the
provisions of this handbook as Yelm deems necessary and appropriate, without
advance notice. Yelm also reserves the right to deviate from these policies in
individual situations, particularly in an emergency, in order to achieve its primary
mission of serving its citizens in a safe and efficient manner.
These personnel policies shall apply to all City employees. In the event of conflict
between any provision of this manual and any provision of a valid and effective
collective bargaining contract or in cases where the application of these policies
would conflict with applicable Civil Service rules and regulations, the provisions
of the labor contract and/or the Civil Service rules shall take precedence. In all
other cases, these policies shall take precedence.
Personnel Policies
Rev. 2001.01; 2005.03; 2006.01,2008-01, 2011-01
yp t i'i C11C?. 1
inom - !✓
IIIIF Y City of Yelm
1 WA S.,INGY J /
TABLE OF CONTENTS
SECTION CHAPTER PAGE
GENERAL CHAPTER 1
1 .01 PURPOSE AND SCOPE 1
1.02 AMENDMENTS 1
1.03 EQUAL EMPLOYMENT OPPORTUNITY 2
1.04 SEXUAL HARASSMENT/ 2
HOSTILE WORK ENVORONMENT
1.05 DEFINITIONS 3
1.06 EMPLOYEE PERSONNEL RECORDS 4
1.07 REFERENCES 5
1.08 DESTRUCTION OF PERSONNEL RECORDS 6
CHAPTER 2
HOURS AND ATTENDANCE
2.01 WORKING HOURS 7
2.02 HOURS OF WORK AND OVERTIME 7
2.03 COMPENSATORY TIME 8
2.04 ATTENDANCE 8
2.05 BREAKS AND MEAL PERIODS 9
2.06 CALL BACK 9
2.07 PAYROLL RECORDS 9
CHAPTER 3
RECRUITING AND HIRING
3.01 RECRUITING 11
3.02 HIRING 11
3.03 TEMPORARY EMPLOYEES 13
3.04 PROBATIONARY PERIOD 13
3.05 EMPLOYMENT OF RELATIVE (NEPOTISM) 14
3.06 PROMOTIONS AND TRANSFERS 15
Personnel Policies
Rev. 2001.01; 2005.03; 2006.01, 2008-01, 2011-01
f-
-- City of Yelm
CHAPTER 4
COMPENSATION
4.01 SALARY CLASSIFICATION AND GRADES 16
4.02 EMPLOYEE PAY RATES 16
4.03 PAYDAYS 17
4.04 DEDUCTIONS 17
4.05 TRAVEL EXPENSE REIMBURSEMENT 17
4.06 COMPENSATION UPON TERMINATION 18
CHAPTER 5
PERFORMANCE EVALUATIONS AND TRAINING
5.01 PERFORMANCE EVALUATIONS 19
5.02 TRAINING POLICY 19
CHAPTER 6
BENEFITS
6.01 RETIREMENT BENEFITS 20
6,02 DISABILITY BENEFITS 20
6.03 INSURANCE BENEFITS 21
CHAPTER 7
LEAVES OF ABSENCE AND TIME OFF
7.01 LEAVES 24
7.02 VACATION 24
7.03 SICK LEAVE 25
7.04 BEREAVEMENT LEAVE 27
7.05 LEAVE WITHOUT PAY 27
7.06 JURY DUTY AND WITNESS LEAVE 28
7.07 ADMINISTRATIVE LEAVE 28
7.08 MILITARY LEAVE 29
7.09 HOLIDAYS 29
7.10 RELIGIOUS HOLIDAYS 30
Personnel Policies iv
Rev. 2001.01; 2005.03; 2006.01, 2008-01, 2011-01
On City of Ye lm
CHAPTER 8
EMPLOYEE RESPONSIBILITIES AND CONDUCT
8.01 GENERAL POLICY 31
8.02 CODE OF CONDUCT, CONFLICTS OF INTEREST 31
AND OUTSIDE EMPLOYMENT
8.03 POLITICAL ACTIVITIES 32
8.04 SMOKING 32
8.05 USE OF CITY VEHICLES AND EQUIPMENT 32
8.06 BULLETIN BOARDS 33
8.07 CONTACT WITH NEWS MEDIA 33
8.08 SEAT BELT USE 33
8.09 DRIVER'S LICENSE REQUIREMENTS 33
8.10 SAFETY 34
8.11 DRUG FREE WORKPLACE 34
8.12 CELLULAR PHONE USE 37
8.13 INTERNET POLICY 38
8.14 VIOLENCE IN THE WORKPLACE 40
CHAPTER 9
EMPLOYEE DISSATISFACTION
9.01 SUGGESTIONS 46
9.02 COMPLAINT PROCEDURES 46
9.03 DISABILITY COMPLAINTS 47
9.04 WHISTLE BLOWER POLICY 48
CHAPTER 10
DISCIPLINE AND TERMINATIONS
10.01 DISCIPLINE 55
10.02 TERMINATION 57
10.03 LAYOFF 58
10.04 RESIGNATION 58
10.05 EXIT INTERVIEW 58
10.06 DEATH 59
Personnel Policies v
Rev. 2001.01; 2005.03; 2006.01, 2008-01, 2011-01
v, 7HE
4.1
„Na,�. , City of Yelm
TABLE OF APPENDICES
A. Violence in the Workplace Crisis Plan and Procedures
(Resolution 428, 12/02)
(Reference: Personnel Policy Chapter 8.14)
B. Association of Washington Cities Employee Benefit Trust
Underwriting rcuies and Benefit Enroiiment Form
(Resolution)
(Reference: Personnel Policy Chapter 6.03)
Severance Benefits for Exempt Employees
C (Resolution 520, 01/11)
(Reference: Personnel Policy Chapter 4.06)
Personnel Policies vi
Rev. 2001.01; 2005.03; 2006.01, 2008-01, 2011-01
C3'.r
LIxti. ., City of Yelm
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 heads, 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 Head or the City
Administrator. Proposals to amend these policies may be initiated
Personnel Policies 1
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
( >7 City of Yelm
and presented to the City Council by any elected official, the City
Administrator, two or more Department Heads, 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, nhvsiral nr mental impairment anti whn ran
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 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.
Personnel Policies 2
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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-,,,,,'2---- City of Yelm.
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
notify their department head, or if the complaint involves the
department head, 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 that the employee did
engage in sexual harassment, appropriate action will be taken. An
investigation of alleged harassment will be confidential. Only the
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 Head: An employee who has responsibility for
directing one or more departments as designated by the
Mayor including the City Clerk, Chief of Police, Community
Development Director, Public Works Director, and the
Court Administrator.
C. Exempt Employee: A salaried employee who holds an
administrative, professional or executive position not
entitled to overtime pay.
Personnel Policies 3
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
*17
City of Yelm
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.
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)
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 head, 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 Policies 4
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
rn.s
r �
Y�.1. City of Yelm
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 (See
Attachments Section) 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:
Personnel Policies 5
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
City of Yelm
A what information is released;
B. when such information release occurred;
C in what form the information was released;
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
Personnel Policies 6
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
.,.. ____
.,„„ :
1 .,k, City of Yelm
signed release submitted by the former employee. (See
Attachments Section)
1.08 DESTRUCTION OF PERSONNEL RECORDS
1.08.010 At the discretion of the City Clerk, personnel files and payroll
records may be destroyed six (6) years 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.
CHAPTER 2
HOURS AND ATTENDANCE
2.01 WORKING HOURS
2.01.010 The City's ordinary working hours are Monday through Friday from
8:00 a.m. to 5:00 p.m. with a one-hour unpaid lunch period and
two (2) paid fifteen (15) minute breaks.
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, such as in the case of police employees, may be
established by the City to meet job assignments and provide
necessary City services. Each department head will advise each
employee regarding specific working hours.
2.01.030 Part-time and temporary employees will work hours as specified
by their department heads.
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. A typical work
period is one week beginning at 12:01 a.m. each Saturday. For
Personnel Policies 7
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
fA Yn City of Yelm
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
Heads, 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, Chief of Police, City Attorney, Court Administrator,
Community Development Director, Public Works Director,
Program/Project Manager and the Municipal Judge. (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 head and the
City Administrator. 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 purple `Request For Payment
of Accrued Time" form along with the regular monthly time sheet.
All payment requests must be pre-approved by the Department
Head and City Administrator prior to being turned into payroll.
Personnel Policies 8
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
Et:
f
City of Yelm
YT L,rt
2.03.030 Beginning January 1, 2001 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 head is responsible for maintaining an accurate
attendance record of each employee. (See Attachments Section)
2.04.020 Employees unable to work or unable to report to work on time
should notify their department head 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 head 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 Employees are expected to be at work even during inclement
weather. Department heads may allow employees to be late or
leave early during severe weather conditions; however, non-
attendance will be counted as absence from work and will be
charged as vacation time.
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 head 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
head.
Personnel Policies 9
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
r
C�^y City of Yelm
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.
2.07 D(AVD/'l.J L RECORDS
2.07.010 The City Clerk/Treasurer keeps financial payroll records. Each
department head 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.
Personnel Policies 10
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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,:.-2, ,,,, j City of Ye lm
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 prior to any posting or
advertisement of the vacancy, the department head will review the
position, its job description and the need for such a position. The
department head 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, 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 head will establish procedures in consultation
with the City Administrator for selecting the best-qualified
applicant. Selection criteria will measure each applicant's
Personnel Policies 11
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
yx4_„�� City of Yelm.
qualifications, experience and ability to perform the duties and
responsibilities of the position. The department head will screen
applicants, conduct interviews and check references after
consultation with the City Administrator and Mayor.
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 prepare and/or administer examinations.
individual aau� to prepare i..
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
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 well
being 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 may be disqualified from employment if:
A. found physically unable to perform the duties of the
position and the individual's condition cannot reasonably
Personnel Policies 12
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
City of Yelm
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 head 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. During the 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
Personnel Policies 13
Rev. 2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
k,.-:,-:„',__.., 1 City of Yeln
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 head determines an employee has
satisfactorily completed the probationary period, the department
head shall prepare a written performance 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;
Personnel Policies 14
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
•
City of Yelm
E. Where one of the parties is the City Administrator, Mayor
or a member of the City Council.
F Where one of the parties 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 head'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.
Personnel Policies 15
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
a: :wn . City of Yelm
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 head 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.
Personnel Policies 16
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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City
ty of Yeln
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/holiday, checks are released on
the preceding day. If the fifth falls on a Sunday/holiday, checks are
released on the next business day.
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 head. The City Administrator will
determine if the reason for an employee's request for 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 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
Personnel Policies 17
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
Cityof Yelm
receipts. (See Attachments Section) 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.
Personnel Policies 18
Rev. 2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
sjc
li'moi,{^ t•.
7
- City of Yelm
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 head. Each department head is to
be evaluated by the 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 head is
required to attend training sessions at City expense or during
working hours.
Personnel Policies 19
Rev. 2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
-fel t
City of Yelm
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 heart 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 head or City Administrator.
Personnel Policies 20
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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4; w „�a City of Yelm
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.
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
Personnel Policies 21
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
I Lr� �i I
I City of Yelm
W�9+.MG"0.4
will be explained at the time the employee becomes eligible to
join.
6.03.020 !f 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 any time 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.
Personnel Policies 22
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
4.7
v .1N$ an City of Yelm
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 one (1) 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.
6.03.070 The City participates in the Washington State Unemployment
Compensation Program.
Personnel Policies 23
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
[i= jj City of Yelm
CHAPTER 7
LEAVES OF ABSENCE AND TIME OFF
7.01 LEAVES
7.01.010 The City has ten (10) different types of leave:
LEAVE TYPE SECTION LEAVE TYPE SECTION
Vacation Leave 7.02 Jury and Witness 7.06
Leave
Sick Leave 7.03 Administrative 7.07
Parental Leave 7.03.030, F. Leave
Shared Leave 7.03.070
Bereavement Leave 7.04 Military Leave 7.08
Leave w/out Pay 7.05 Decision Making 10.01.060,D
Leave
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:
YEARS OF VACATION
EMPLOYMENT EARNED
First and Second year 80 hours p/year
Third and Fourth year 104 hours p/year
Fifth — Ninth year 120 hours p/year
Tenth — Fourteenth year 160 hours p/year
Fifteen — Nineteenth year 176 hours p/year
Twenty or more years 200 hours p/year
Personnel Policies 24
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
Mfr'' _ ,„
City of Yelm
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
head. (See Attachments 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 head, 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 at the rate of eight (8) hours, or pro-rated if part-time, for
each calendar month of continuous employment.
7.03.020 Employees accrue and may use sick leave during their
probationary periods. Temporary employees do not earn sick
leave benefits. Employees do not accrue sick leave benefits
during a leave without pay.
7.03.030 Sick leave covers those situations in which an employee is absent
from work due to:
A. Physical injury or illness to the employee;
B. The need to care for the employee's family member
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
Personnel Policies 25
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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;Lm City of Yelm
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)
mint-Icing clays time off hAvonri the actual nerincl of r1icahility•
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)
v. Actual periods of disability associated with the death of a
family member as defined in Section 1.5, subsection D.
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 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
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.
Personnel Policies 26
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
,
I V City of Yelm
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
Personnel Policies 27
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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City of Yelm
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.
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 pay for an
Personnel Policies 28
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
y .
J........„.,:_,
rn City of Yelm
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 fifteen (15) 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 paid 8 hour holidays per
year. The following holidays are recognized by the City:
New Year's Day January 1
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Day December 25
One "Floating" Holiday 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 1 1/2 times their straight time rate of pay. The eight (8)
hours for that 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
Personnel Policies 29
Rev. 2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
City of Yelm
next year.
7.09.034 Other types of leave may not be substituted for or used in place of
holiday leave.
7.09.036 Police Department employees working in specialty positions
(DARE, SRO, Detective) will have a work schedule as designated
by the Department Head. A work week for these positions will not
typically include holiday duty. Officers in specialty positions must
obtain prior approval from the department head prior to working on
a holiday.
7.09.040 For the purpose of this agreement, holiday pay will be paid based
nn the starting timPR that nrni it nn the anti ial Hay of the hnlirlav
7.09.050 Part-time employees receive the above benefits pro-rated
according to hours worked.
7.09.060 Temporary employees will be paid al one and one-half limes their
regular straight-time rate for hours worked on a holiday7.09.070
7.09.070 New employees hired prior to July 1 will be entitled to a floating
holiday for that year. New employees hired after that date do not
receive a floating holiday in the year hired. Each floating holiday
must be used on or before December 31 and may not be carried
over to the next year.
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 head'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,
Personnel Policies 30
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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approved and taken within the calendar year. Employee shall
submit a written request for an unpaid holiday to their Department
Head 14 days prior to the requested date.
Personnel Policies 31
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
I
City of Yelm
Y'r:Leat
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 head.
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 protecting the City's equipment,
grounds, facilities and resources; and providing orderly and cost
effective services to all citizens.
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.
Personnel Policies 32
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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)
8.02.020 Employees who engage in any outside employment shall disclose
to their department head, 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
Personnel Policies 33
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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
rlanarhmant haari nn tha first l inrkinn rlav fnlinwinn tha rnu ill 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 head.
8.07 CONTACT WITH NEWS MEDIA
8.07.010 The City Administrator and department heads are responsible for
all official contacts with the news media during working hours,
including answering questions from the media. The City
Administrator or a department head 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 head. 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.
Personnel Policies 34
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
City of Yelm
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 head. The
employee may not resume driving until proof of a valid, current
license is provided to the department head.
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 head. 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 head, 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:
Personnel Policies 35
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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 head. 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:
k 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:
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
Personnel Policies 36
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
City of Yelm
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 prior to returning to
duty. In addition, at least six follow 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 may be 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
Personnel Policies 37
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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
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.
8-11-035 An employee may be required to submit to alcohol drug or
controlled substance testing when the employee's work
performance causes a reasonable suspicion that the 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.
8.11.040 Employees using any prescription or over-the-counter drugs which
might impair their work performance should notify their department
head. At the option of the department head, 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.
8.11.050 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.
8.11.060 Employees must notify the City within five (5) days of any arrest or
conviction for a drug violation.
8.11.070 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.
Personnel Policies 38
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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8.12 CELLULAR PHONE USE
8.12.010 The City has an established policy (under RCW 49.48.010 (2))
enabling City employees with personal cellular phones to
participate in group discount rates available through the City's
service provider. Under the terms of agreement, the service
provider will mail each employee's bill to the participating employee
at the City's address. To retain this privilege, the employee's bill
must be paid on or before the due date.
8.12.020 Participating employees must recognize that this is a privilege and
not an employee benefit, and agree that the City may deduct the
charges from the employee's paycheck, and terminate the
provision of cellular telephone services at the special group rate, if
the employee's bill becomes delinquent and the City is required to
pay the bill.
8.12.030 Participating employees must provide their department head and
the City Clerk/Treasurer with their cellular telephone number,
enabling city personnel to contact participating employees in the
event of an emergency.
8.12.040 To participate in this program employees must complete, with their
department heads, and provide the following items to the
appropriate parties:
A. A Personal Cellular Phone Agreement Form (See
Attachments Section);
B. A service provider's Cellular Phone Plan Form;
C. Forward copies of each of these documents to the City
Clerk/Treasurer's office for placement in the participating
employee's personnel file.
8.12.050 Upon separation/termination this privilege shall also terminate.
8.13 INTERNET POLICY
Personnel Policies 39
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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1 , L A5c��N9'ON ! City of Ye lm
8.13.010 It is the policy of the City of Yelm to encourage effective and
efficient use of all City equipment for completion of City business.
This includes use of the Internet by city employees to provide
information to City residents, businesses and other governmental
agencies; to search for information; and, for information exchange.
With the widespread use of the Internet as an information
exchange medium, employees are able to access data that exists
on the World Wide Web. Along with this access to the Web comes
the potential for abuse. The intention of this policy is to outline
issues regarding access, and to set out the rules to be followed for
Internet access. (Resolution No. 376, 10/98)
8.13.020 Authorized employees will have immediate access to the Internet.
They may designate someone PIRA, in special circumstanr_.Ps, to
have access for business purposes only. A critical concern is that
nothing is transported from the World Wide Web which might
contaminate and compromise the City computer systems.
A. All workstations with Internet access will be provided with
an internal virus scanning mechanism.
B. Internet access is primarily for business purposes,
although limited personal use during breaks or before/after
work hours is acceptable within reason.
C. By using the Internet access provided, every employee
agrees that he or she is aware of the policy and that the
Internet records may be read or monitored by authorized
individuals.
8.13.030 Files are not to be downloaded from the Internet without express
consent by the employee's Department Head. The possibility of
downloading a file with a computer virus is great and care must be
taken not to contaminate any computers in the City. Files
downloaded from the Internet, or any other outside service, must
be scanned by a virus checking software prior to being used on a
City computer. Department Heads can contact Information Services
for options available for virus checking of downloaded files. Files
are not to be uploaded to the Internet without express consent by
the employee's Department Head. Files uploaded to the Internet
have the possibility of being intercepted by others and used against
Personnel Policies 40
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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City of Yelm
the City's interest.
8.13.040 Prohibited and/or Inappropriate use includes, but is not limited to:
A. Commercial use—any form of commercial use of the
Internet is prohibited;
B. Copyright violations —any use of the Internet that violates
copyright laws is prohibited;
C. Harassment —the use of the Internet to harass employees,
vendors, customers, and others is prohibited;
D. Political —the use of the Internet for political purposes is
prohibited;
E. Aliases —the use of aliases while using the Internet is
prohibited. Anonymous messages are not to be sent. Also,
the misrepresentation of an employee's job title, job
description, or position in the City is prohibited;
F. Misinformation/Confidential Information —the release of
untrue, distorted, or confidential information regarding City
business is prohibited;
G. Non-Business Related Information —any illegal or unethical
activity or any activity which could adversely affect the City
is prohibited. This includes, but is not limited to,
entertainment sites or pornographic sites.
8.13.050 Legal Issues
A. Copyrights — most of the information available on the
Internet is copyrighted. It is illegal to reproduce or distribute
copyrighted information regardless of its source. It is the
Department Head's responsibility to ensure that
copyrighted information is not misused by employees.
Violations of copyright laws endanger the City and legal
remedies include large fines.
B_ Discrimination — harassing messages, derogatory
comments, or other forms of discrimination based upon
race, sex, religion, or creed is against the law. It is the
Personnel Policies 41
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
Cy 1t;'
47
LrJ City of Yelm
Department Head's responsibility to ensure that employees
do not engage in discriminatory behavior while accessing
the Internet. Violations of discrimination laws include fines
and jail time.
C. Privacy— an employee's rights while accessing the Internet
by use of City property does not include the right to
privacy. The city reserves the express right to monitor, in
any way, the activities of the employees while accessing
the Internet. Violation of City policy regarding Internet use
may result in disciplinary action up to and including
dismissal. Court cases have upheld a businesses' right to
monitor and discipline employees based upon electronic
activities which are prohibited by a company's policy.
8.14 VIOLENCE IN THE WORKPLACE
8.14.010 The purpose of this policy is to prohibit violent 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.
8.14.020 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 head or supervisor.
This policy applies to all City of Yelm employees except law
enforcement officers while acting in an official capacity.
8.14.030 City employees are encouraged to report to their department head
or supervisor situations that occur outside the workplace which may
affect workplace safety, i.e., instances where protection orders
have been issued, etc.
8.14.040 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
Personnel Policies 42
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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I City of Yelm
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confidential assistance for a personal or job-related problem can
call the EAP office at 1-800-570-9315 (current phone number as of
8/01). 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.
8.14.050 The City of Yelm is committed to providing a safe environment for
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;
Personnel Policies 43
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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 nnnlias %nihana.iar an ampler,. is nn rib;Lima
(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- This includes actions involving; but not limited to
inappropriate use of City time, workplace phones, Fax
machines, mail or E-mail.
8.14.060 In order to ensure a safe environment for 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 that is secured within an
attended personal vehicle or concealed from view within a locked
unattended personal vehicle while that person is working on City
property.
8.14.070 All City employees are responsible for notifying Department
Heads 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
Personnel Policies 44
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
I City of Yelm
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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 head or
supervisor. Employees involved in violating this policy will be
disciplined, up to and including termination.
8.14.080 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 Head 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 providinq assistance or the City police
department at any time.
8.14.090 Department Heads 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 Heads 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
Personnel Policies 45
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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rn rav
appropriate recommendations regarding a reasonable
response.
8.14.100 The City Administrator will assist Department Heads 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.
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
vinlanra•
2. providing guidance and oversight of investigations
of violence;
3. communicating this policy and administrative
procedures to employees, department heads and
supervisors.
8.14.110 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.
8.14.120 The Violence in the Workplace Crisis Plan and Procedures,
attached as Appendix A to this document provides additional
information for employees.
Personnel Policies 46
Rev. 2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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Personnel Policies 47
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
FCity of Yelm
Wnfl,:JO'0..
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 head, the City Administrator, nr the Mayor.
9.02 COMPLAINT PROCEDURES
9.02.010 The City recognizes that sometimes situations arise in which an
employee feels he she treated fairly in
V111�./IV�VV IVVIV that IIV or she has not been treated fairly or 111
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 head.
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 head.
The department head 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 head, the employee may submit the problem, in writing,
to the City Administrator and Mayor (or Mayor if the City
Administrator is the department head). 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;
Personnel Policies 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 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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C. The date of the circumstances leading to the complaint or
the date when the employee first became aware of those
circumstances;
a 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.
9.02.040 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.
9.02.050 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 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.
Personnel Policies 49
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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9.04 WHISTLE BLOWER PROTECTION POLICY
9.04.010 POLICY STATEMENT (Resolution 295, 7/93)
It is the City of Yeim'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
polices and procedures.
es.
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.
Personnel Policies 50
Rev.2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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, 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.
9.04.030 REPORTING PROCEDURES
A. Report to Supervisor or Department Head 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 head, except as
qualified below. If requested by the supervisor, the
employee shall submit a written report to the supervisor or
department head, or to some person designated by the
supervisor or department head, 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
Head
Personnel Policies 51
Rev. 2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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Where the employee reasonably believes the improper
governmental action involves his or her supervisor, the
employee shall raise the issue with the department head,
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 anion is not 4Mlron immedi,+QI +he 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.
Personnel Policies 52
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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 head, 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 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.
Personnel Policies 53
Rev. 2001.01;2002.02, (Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
E � .zw City of Yelm
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B. If Retaliation Occurs
An employee who believes that they have been retaliated
against for reporting an improper governmental action
should advise hisiher supervisor, department head, the
City Administrator, Mayor or the official indicated in the
following matrix:
If Perceived Retaliation Advise in Writing Within
is by: Thirty (30) days:
1. Supervisor Department Head with a copy to
the City Administrator and
Mayor
2. Department Head City Administrator with a copy to
the Mayor
3. Other Individual Not Mayor
Named Above, Including
Councilmembers
4. 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 Head,
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
Personnel Policies 54
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
{74:
Y>> City of Yelm
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 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 98504-2488
(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 heads, 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:
Personnel Policies 55
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
City of Yelm
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 Thurston County Prosecuting Attorney
360-754-5540 Thurston County Courthouse
2000 Lakeridge Dr. SW
Olympia, WA 98502
State of Washington Attorney General's Office
206-464-6684 Fair Practices Division
2000 Bank of California Center
900 Fourth Avenue, Suite 2000
Seattle, WA 98164
360-902-0370 State Auditor's Office
Legislative Building
P.O. Box 40021
Olympia, WA 98504-0021
United States U.S. Attorney
206-553-7979 800 Fifth Avenue, Suite 3600
Seattle, WA 98104-3190
Personnel Policies 56
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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City of Yelm
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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 head, 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 under the influence of or while 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 head.
E. Habitual absence or tardiness for any reason.
Personnel Policies 57
Rev. 2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
[ YJ City of Yelm
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 anti-discrimination/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 head and the
employee on the subject of the employee's conduct and
performance, or the 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.
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
Personnel Policies 58
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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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 head 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 head 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. As a result of disciplinary action.
Personnel Policies 59
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454, 7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
City of Yelm
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.
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) weeks notice of resignation.
(Resolution 270, 10/92) The employee's department head or the
Personnel Policies 60
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
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City Administrator may waive this time limit.
10.05 EXIT INTERVIEW
10.05.010 Whenever an employee leaves the service of the City of YeIm,
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 separating from 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 Head, City Administrator or Mayor. (See Attachments
Section)
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.
Personnel Policies 61
Rev.2001.01;2002.02,(Res 428, 11/02); 2005.03 (Res 454,7/05)
2006.01 (Res 462, 1/06)
2008-01 (Res 471 4/07)2011-01 (Res 520 1/11)2013-01 (Res 543 7/13)2014-01 (Res 554 7/14)
1----- CITY OF YELM
Personnel Policies Attachments l
CITY OF Y.E L M
PERSONNEL POLICIES
PART 2
ATTACHMENTS AND FORMS
Form Name
Forms are updated as required. Please request forms as needed.
Personnel Policies Appendices Table 1
Rev. 2005.03, Rev 2011.01
F,LM
CITY OF YELM
PERSONNEL POLICIES
PART 3
TABLE OF APPENDICES
A. Violence in the Workplace Crisis Plan and
Procedures
(Resolution 428, 12/02)
(Reference: Personnel Policy Chapter 8.14)
B. Association of Washington Cities Employee Benefit
Trust Underwriting Rules and Benefit Enrollment
Form
(Resolution)
(Reference: Personnel Policy Chapter 6.03)
C. Severance Benefits for Exempt Employees
(Resolution 520, 01/11)
(Reference: Personnel Policy Chapter 4.06)
Personnel Policies Appendices Table 1
Rev. 2005.03, Rev 2011.01
APPENDIX A
City of Yelm
VIOLENCE IN THE WORKPLACE CRISIS PLAN AND
PROCEDURES
Achieving Goals and Evaluating Progress
To achieve the goals and objectives of this policy, the city intends to do the
following:
• 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.
EMPLOYEE RESPONSE PROCEDURES
When a violent act occurs:
If the act or altercation constitutes an emergency, 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
Personnel Policies Appendix A Page 1 A of 6 A
Rev. 2002.01; 2005.03, Rev 2011.01
APPENDIX A
-�~ City of Yelm
Each department head 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:
1. 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 Head or
City Administrator.
B. If the Department Head 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.
D. Other methods of seeking help: Yell for help; push the panic
button, call 9-911; lock any doors 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 the danger, go to the agreed upon
location and call 9-911.
2. WEAPON IMPLIED OR SHOWN:
A. If a firearm or explosive device is present, calmly go to a back
office and call 9-911.
Personnel Policies Appendix A Page 2 A of 6 A
Rev. 2002.01; 2005.03, Rev 2011.01
Y �. APPENDIX A
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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 area, 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 Head 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
Personnel Policies Appendix A Page 3 A of 6 A
Rev. 2002.01; 2005.03, Rev 2011.01
f +asv�t=�b"f
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City of Yelm
happened. Submit the completed incident report to the Department Head
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.
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.
Personnel Policies Appendix A Page 4 A of 6 A
Rev. 2002.01; 2005.03, Rev 2011.01
APPENDIX A
L City of Yelm
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• 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:
• Saw or heard the incident.
• Has spoken with the alleged victim about the incident.
• 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 is innocent until proven at fault.
Unreasonable assumptions of guilt before an investigation has
been completed 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 observations if you directly saw the incident.
• Get the alleged offender's side of the story
Personnel Policies Appendix A Page 5 A of 6 A
Rev. 2002.01; 2005.03, Rev 2011.01
APPENDIX A
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• Investigate with such questions as:
• "Describe the incident that occurred between you and the
alleged victim."
■ "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, realize 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?"
Resolution No. 428, 12/02
Personnel Policies Appendix A Page 6 A of 6 A
Rev. 2002.01; 2005.03, Rev 2011.01
Appendix C
SEVERANCE BENEFITS
OBJECTIVE
When it is necessary to involuntarily separate an employee for reasons unrelated
to performance or conduct, it is the City's objective to provide severance benefits
as outlined in this policy.
I. EMPLOYEES TO WHOM POLICY APPLIES
This policy applies to the following exempt positions: the City Administrator, City
Clerk/HR Manager, Municipal Court Administrator, Community Development
Director, Chief of Police and Public Works Director.
II. DEFINITIONS
A. 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, work force
downsizings, or other causes not related to the job performance,
misconduct of the employee, or voluntary resignations.
B. Eligible employees
Employees who are entitled to severance benefits.
III. SEVERANCE BENEFITS
The benefits below will be provided to those employees who are involuntarily
separated from their positions.
A. Severance payments
1. Based on years of service (see Attachment A for a total breakdown of
severance weeks due to exempt employees.)
Personnel Policies Appendix C
01/2011 APPENDIX C
Appendix C
Attachment A
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
12 years or less 12 weeks' salary
13 years through 5 years 4 weeks' salary
6 years or more 6 weeks' salary
1. Maximum benefit
The maximum severance benefit to which an employee may be
entitled is 6 weeks of salary.
2. Partial years service rounded
Employees with partial years of service will have that service rounded
up 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.
Personnel Policies Appendix C
01/2011 APPENDIX C
EST.1924
WASHINGTON
Meeting Date: February 28th 2023
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: Public Works Contract for Design and Construction of Stage for Yelm
City Park
PROPOSED MOTION:
Authorize Mayor DePinto to sign a public works contract with Nisqually Construction LLC in the
not to exceed amount of$340,000 for design and build of a new stage and Yelm City Park.
KEY FACTS AND INFORMATION SUMMARY:
The City posted a Request for Proposal (RFP) on January 20th 2023 and sent the RFP to multiple
firms in the local area. A proposal from Nisqually Construction Company LLC was received on
February 3rd. They were the only proposal received. The current budget for this project is
$350,000.
ATTACHMENTS:
• Public Works Contract
• Nisqually Construction Company LLC proposal
Respectfully Submitted:
Cody Colt
Public Services Director
1iPage
PUBLIC WORKS CONTRACT
FOR
Yelm City Park Stage Design/Build
(115 SE Mosman Ave,Yelm, WA 98597)
Project No. CP12023
THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this 28th day of February,
2023 and is made by and between the City of Yelm, a Washington municipal corporation ("City or
Owner"), and Nisqually Construction Services LLC, a Washington State Company ("Contractor").
A. The City desires to retain an independent contractor to furnish all labor and materials
necessary to perform work necessary to complete Design and Build of a new Stage at Yelm City Park
, located at 115 SE Mosman Ave, Yelm, Washington ("Property"); and
B. The Contractor has the requisite skill and experience to perform such work.
NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions:
1. SERVICES BY CONTRACTOR
1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials,
supplies, equipment, labor and other items incidental thereto necessary for the construction and
completion of the work, more particularly described as the Yelm City Park Stage Design/Build Project
No. CP12023 project, including without limitation:
Full design to include but not limited to Architectural, structural, and civil including electrical. Also,
build to include but not limited to demo, foundation, structure, electrical, artwork and restoration of
site, ("Work"), in accordance with and as described in the Contract Documents,which include without
limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General
Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and
Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract
attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's
Retainage Agreement attached as Exhibit C, Retainage Bond to City of Yelm Way attached as Exhibit
D, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment
attached as Exhibit E, Certificate(s) of Insurance Form attached hereto as Exhibit F, Performance /
Payment Bond attached hereto as Exhibit G, Title VI Assurances attached hereto as Exhibit H,
Standard Plans and Details attached as Appendix A, current Prevailing Wage Rates attached as
Appendix B, Warranties attached as Appendix C, and 2022 WSDOT/ APWA Standard Specifications
for Road, Bridge and Municipal Construction ("Standard Specifications") and all other Appendices
attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which
Work shall be completed to the City's satisfaction, within the time period prescribed by the City and
pursuant to the direction of the Mayor or his or her designee.
1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the
Contractor of the City's Notice to Proceed. The Work shall be completed on or before June 20, 2024.
In the event the Work is not substantially completed within the time specified, Contractor agrees to
pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of
this Contract. The Work shall not be deemed completed until the City has accepted the Work and
delivered a written Notice of Completion of Public Works Contract in the form attached hereto as
Exhibit"A".
1.3 Liauidated Damages. Time is of the essence of the Contract. Delays inconvenience the
public and cost taxpayers undue sums of money, adding time needed for administration, inspection,
and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the
Contractor agrees to pay liquidated damages calculated on the following formula for its failure to
complete this Contract on time:
(1) To pay (according to the following formula) liquidated damages for each working day
beyond the number of working days established for completion, and
(2)To authorize the City to deduct these liquidated damages from any money due or coming
due to the Contractor.
LIQUIDATED DAMAGES FORMULA
LD = 0.15C
T
Where: LD = Liquidated damages per working day (rounded to
the nearest dollar).
C = Original Contract amount.
T = Original time for completion.
When the Work is completed to the extent that the City has full and unrestricted use and
benefit of the facilities, both from an operational and safety standpoint, the City may determine the
Work is complete. Liquidated damages will not be assessed for any days for which an extension of
time is granted. No deduction or payment of liquidated damages will, in any degree, release the
Contractor from further obligations and liabilities to complete this entire Contract.
1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with
accepted practices for other properly licensed contractors.
1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all
applicable federal, state and City laws, including but not limited to all City ordinances, resolutions,
standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary
permits and pay all permit, inspection or other fees, at its sole cost and expense.
1.6 Chance Orders. The City may, at any time, without notice to sureties, order changes
within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to
the Work. All such change orders shall be in the form of the Contract Change Order Agreement
attached hereto as Exhibit "B", which shall be signed by both the Contractor and the City, shall
specifically state the change of the Work, the completion date for such changed Work, and any
increase or decrease in the compensation to be paid to Contractor as a result of such change in the
Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City.
If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required
for, the performance or any part of the Work under this Contract, an equitable adjustment will be
made and the Contract modified in writing accordingly.
If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall,
within five (5) days after receipt of a written change order from the City or after giving the written
notice required above, as the case may be, submit to the City a written statement setting forth the
general nature and monetary extent of such claim; provided the City, in its sole discretion, may
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T.I.B Project No. CP12023 RFB # 20-001
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extend such five (5) day submittal period upon request by the Contractor. The Contractor shall
supply such supporting documents and analysis for the claims as the City may require to determine
if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5)
days before the Contractor gives written notice as required. No claim by the Contractor for an
equitable adjustment hereunder will be allowed if asserted after final payment under this Contract.
1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City,
omit work, services and materials to be furnished under the Contract and the value of the omitted
work and materials will be deducted from the Total Compensation and the delivery schedule will be
reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum
or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot
agree on an appropriate deduction, the City reserves the right to issue a unilateral change order
adjusting the price and the delivery schedule.
1.8 Utility Location. Contractor is responsible for locating any underground utilities affected
by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended.
Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the
"one call" locator system before commencing any excavation activities.
1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction
materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction
debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles
to the ambient air environment within the City of Yelm Way.
2. TERM
This Contract shall commence on the effective date of this Contract and continue until the
completion of the Work, which shall be no later than March 6th, 2024 to complete, and the expiration
of all warranties contained in the Contract Documents ("Term").
3. WARRANTY
3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the
Work, and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to being registered to do business in the City of Yelm Way by
obtaining a City of Yelm Way business registration. Contractor represents that it has visited the site
and is familiar with all of the plans and specifications in connection with the completion of the Work.
3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which
the City deems to have defects in workmanship and material discovered within one (1) year after the
City's final acceptance of the Work as more fully set forth in the General Conditions of the Contract;
provided, however,that this warranty may extend beyond this time period pursuant to the warranties
attached hereto as Appendix C and incorporated by this reference. This warranty shall survive
termination of this Contract. Conducting of tests and inspections, review of specifications or plans,
payment for goods or services, or acceptance by the City does not constitute waiver, modification or
exclusion of any express or implied warranty or any right under this Contract or law.
4. COMPENSATION
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4.1 Total Compensation. In consideration of the Contractor performing the Work, the City
agrees to pay the Contractor an amount not to exceed Three Hundred and forty thousand and 00/100
Dollars ($ 340,000), which amount shall constitute full and complete payment by the City ("Total
Compensation").
4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the
payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment
of this Contract.
4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any
of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be
withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to
the City.
4.4 Method of Payment. The basis of payment will be the actual quantities of work performed
according to the contract and as specified for payment. Payments will be made for work and labor
performed and materials furnished under the contract according to the price in the proposal unless
otherwise provided. Partial payments will be made once each month, based on partial estimates
prepared by the Engineer and signed by the Contractor. Failure to perform any obligation under this
Contract may be adequate reason for the City to withhold payments until the obligation is performed.
Upon completion of all work and after final inspection, the amount due the Contractor under
the contract will be paid based upon the final estimate made by the Engineer and signed by the
Contractor.
Payment to the Contractor for partial estimates, final estimates, and retained percentages
shall be subject to controlling laws.
4.5 Retainaae. Pursuant to Chapter 60.28 RCW, five percent(5%) of the Total Compensation
shall be retained by the City to assure payment of Contractor's state sales tax as well as payment of
subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete,
execute and deliver to the City the Contractor Retainage Agreement attached hereto as Exhibit "C"
or execute the Retainage Bond attached hereto as Exhibit "D". No payments shall be made by the
City from the retained percentage fund ("Fund") nor shall the City release any retained percentage
escrow account to any person, until the City has received from the Department of Revenue a
certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to
become due with respect to the Contract have been paid in full or that they are, in the Department's
opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non-
payment by the general contractor, any supplier or subcontractor may file a lien against the retainage
funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of
any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW
39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release
and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims
made against this Fund.
5. EOUAL OPPORTUNITY EMPLOYER
In all Contractor services, programs or activities, and all Contractor hiring and employment
made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by
Contractor's employees, agents, subcontractors or representatives against any person because of
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 4 [2020]
RFB ver. 1-20
sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital
status or the presence of any disability, including sensory, mental or physical handicaps, unless based
upon a bona fide occupational qualification in relationship to hiring and employment, advertising,
layoff or termination, rates of pay or other forms of compensation,and selection for training, including
apprenticeship. Contractor comply with and shall not violate any of the terms of Chapter 49.60 RCW,
Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the
Rehabilitation Act of 1973, 49 CFR Part 26, or any other applicable federal, state, or local law or
regulation regarding non-discrimination. Any material violation of this provision shall be grounds for
termination of this Contract by the City and, in the case of the Contractor's breach, may result in
ineligibility for further City agreements. If this project involves federal funds including USDOT funds
administered by WSDOT, the contractor agrees to the clauses contained in Exhibit H.
6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST
6.1 It is the intention and understanding of the Parties that the Contractor shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick
leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax
which may arise as an incident of employment. The Contractor shall pay all income and other taxes
due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of
whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed
to convert this Agreement to an employment contract. It is recognized that Contractor may or will
be performing professional services during the Term for other parties; provided, however, that such
performance of other services shall not conflict with or interfere with Contractor's ability to perform
the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City.
6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the
contractor agrees to notify the City and complete any required form if the Contractor retired under a
State of Washington retirement system and agrees to indemnify any losses the City may sustain
through the Contractor's failure to do so.
7. CITY'S RIGHT TO TERMINATE CONTRACT
7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be
terminated without cause upon oral or written notice delivered to Contractor from the City. Upon
termination, all supplies, materials, labor and/or equipment furnished prior to such date shall, at the
City's option, become its property. In the event Contractor is not in breach of any of the provisions
of this Contract, Contractor will be paid for any portion of the Work which has been completed to the
City's satisfaction, calculated by the percentage amount that portion of the Work completed and
accepted by the City bears to the Total Compensation.
7.2 Termination For Cause. The City may immediately terminate this Contract, take
possession of the Property and all materials thereon and finish the Work by whatever methods it may
deem expedient, upon the occurrence of any one or more of the following events:
(1) If the Contractor should be adjudged a bankrupt.
(2) If the Contractor should make a general assignment for the benefit of its creditors.
(3) If a receiver should be appointed on the account of insolvency of Contractor.
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 5 [2020]
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(4) If Contractor should persistently or repeatedly refuse or fail to supply a sufficient
number of properly skilled workmen or proper materials for completion of the Work.
(5) If the Contractor should fail to complete the Work within the time specified in this
Contract.
(6) If the Contractor should fail to complete the Work in compliance with the plans
and specifications, to the City's satisfaction.
(7) If the Contractor should fail to make prompt payment to subcontractors or for
material labor.
(8) If Contractor should persistently disregard laws, ordinances or regulations of
federal, state, or municipal agencies or subdivisions thereof.
(9) If Contractor should persistently disregard instructions of the Mayor or his or her
representative.
(10) If Contractor shall be in breach or violation of any term or provision of this
Contract, or
(11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060.
7.3 Result of Termination. In the event that this Contract is terminated for cause by the City,
the City may do any or all of the following:
(1) Stop payments. The City shall cease any further payments to Contractor and
Contractor shall be obligated to repay any payments it received under this contract.
(2) Complete Work. The City may, but in no event is the City obligated to, complete
the Work, which Work may be completed by the City's agents, employees or
representatives or the City may retain independent persons or entities to complete the
Work. Upon demand, Contractor agrees to pay to the City all of its costs and expenses
in completing such Work.
(3)Take Possession. The City may take possession of the Property and any equipment
and materials on the Property and may sale the same, the proceeds of which shall be
paid to the City for its damages.
(4) Remedies Not Exclusive. No remedy or election under this Contract shall be
deemed an election by the City but shall be cumulative and in addition to all other
remedies available to the City at law, in equity or by statute.
8. INDEMNIFICATION
8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the
City, its elected officials, officers, employees, agents, and volunteers harmless from any and all
claims, demands, losses, actions and liabilities (including costs and all attorney fees)to or by any and
all persons or entities, including, without limitation, their respective agents, licensees, or
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 6 [2020]
RFB ver. 1-20
representatives, arising from, resulting from, or connected with this Contract to the extent caused by
the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents,
employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may
be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's
indemnification shall not be limited in any way by any limitation on the amount of damages,
compensation or benefits payable to or by any third party under workers'compensation acts,disability
benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor, its
officers, directors, shareholders, partners, employees, and agents harmless from any and all claims,
demands, losses,actions and liabilities(including costs and attorney fees)to or by any and all persons
or entities, including without limitation, their respective agents, licenses, or representatives, arising
from, resulting from or connected with this Contract to the extent solely caused by the negligent acts,
errors, or omissions of the City, its employees or agents.
8.3 Survival. The provisions of this Section shall survive the expiration or termination of this
Contract with respect to any event occurring prior to such expiration or termination.
9. INSURANCE
9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance,
in such forms and with such carriers who have a rating which is satisfactory to the City:
(1) Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
(2) Commercial general liability insurance with combined single limits of liability not
less than $2,000,000 for bodily injury, including personal injury or death, products
liability and property damage.
(3) Automobile liability insurance with combined single limits of liability not less than
$2,000,000 for bodily injury, including personal injury or death and property damage.
(4) If any structures are involved in the Contract, the Contractor shall maintain an All
Builder's Risk form at all times in an amount no less than the value of the structure
until final acceptance of the project by the City.
9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the
following provisions:
(1) The City, its officers, officials, employees, volunteers and agents shall each be
named as additional insured.
(2) Coverage may not be terminated or reduced in limits except after thirty (30) days
prior written notice by certified mail, return receipt requested, to the City.
(3) Coverage shall be primary insurance as respects the City, its officials, employees
and volunteers. Any insurance or self-insurance maintained by the City, its officials,
employees or volunteers shall be in excess of Contractor's insurance.
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(4) Coverage shall apply to each insured separately against whom claim is made or
suit is brought.
(5) Coverage shall be written on an "occurrence"form as opposed to a "claims made"
or"claims paid"form.
9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the
coverage required by the Section, in compliance with the Certificate(s) of Insurance Form attached
hereto as Exhibit "F", which certificate must be executed by a person authorized by the insurer to
bind coverage on its behalf. The City reserves the right to require complete certified copies of all
required insurance policies, at any time.
9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under
its policies or shall furnish separate certificates for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
9.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor
shall either reduce or eliminate such deductibles or self-insured retentions or procure a bond
guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles
or self-insured retentions.
9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous
materials work is performed, Contractor shall review coverage with the City's Risk Manager and
provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory
to the City. Contractor shall not commence any Work until its coverage has been approved by the
Risk Manager.
9.7 Termination. The Contractor's failure to provide the insurance coverage required by this
Section shall be deemed to constitute non-acceptance of this Contract by the Contractor and the City
may then award this Contract to the next lower bidder.
10. PERFORMANCE/PAYMENT BOND
Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of
the City, in the form attached to this Contract as Exhibit"G"and incorporated by this reference, in a
dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the
City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to
guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons.
Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond.
11. SAFETY
Contractor shall take all necessary precautions for the safety of employees on the work site
and shall comply with all applicable provisions of federal, state and municipal safety and health laws
and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards
for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-
24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect
and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at
all unsafe places at or near the Work for the protection of its employees and the public, safe
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passageways at all road crossings,crosswalks, street intersections, post danger signs warning against
any known or unusual hazards and do all other things necessary to prevent accident or loss of any
kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits,
and all hydrants and all other property that is likely to become displaced or damaged by the execution
of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for
its materials and equipment and is solely responsible for the same.
12. PREVAILING WAGES
12.1 Wages of Employees. This contract is subject to the minimum wage requirements of
Chapter 39.12 RCW and Chapter 49.28 RCW (as amended or supplemented). On Federal-aid
projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe
benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the rates
match those identified by the U.S. Department of Labor's"Decision Number"shown in Appendix B.
The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12
RCW, Chapter 296-127 WAC, or the Federal Davis-Bacon and Related Acts (DBRA) to pay minimum
prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe
benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid.
When the project is subject to both State and Federal hourly minimum rates for wages and
fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay
less than the higher rate unless the state rates are specifically preempted by Federal law.
The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls
under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296-
127-010 WAC, complies with all the requirements of Chapter 39.12 RCW.
12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12
RCW, and as required in this Contract do not apply to:
(1) Sole owners and their spouses;
(2) Any partner who owns at least 30% of a partnership;
(3) The President, Vice President and Treasurer of a corporation if each one owns at least
30% of the corporation.
12.3 Reporting Reauirements. On forms provided by the Industrial Statistician of State L&I,
the Contractor shall submit to the Engineer the following for itself and for each firm covered under
Chapter 39.12 RCW that provided work and materials of the contract:
(1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form
number F700-029-000. The City will make no payment under this contract for the work
performed until this statement has been approved by State L&I and a certified copy of the
approved form has been submitted to the City.
(2) A copy of an approved "Affidavit of Prevailing Wages Paid,"State L&I form number F700-
007-000. The City will not release to the contractor any funds retained under Chapter
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60.28.011 RCW until all of the"Affidavit of Prevailing Wages Paid"forms have been approved
by State L&I and a certified copy of all the approved forms have been submitted to the City.
The Contractor shall be responsible for requesting these forms from the State L&I and for
paying any approval fees required by State L&I.
Certified payrolls are required to be submitted by the Contractor to the City, for the Contractor
and all subcontractors or lower tier subcontractors.
12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages
for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the
matter shall be referred for arbitration to the Director of the Department of Labor and Industries of
the State of Washington and the decision therein shall be final and conclusive and binding on all
parties involved in the dispute.
13. FAILURE TO PAY SUBCONTRACTORS
In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay for any
materials, or fail to pay any insurance premiums, the City may terminate this Contract and/or the
City may withhold from the money which may be due the Contractor an amount necessary for the
payment of such subcontractors, laborers, materials or premiums.
14. OWNERSHIP OF DOCUMENTS
All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media, all finished or unfinished documents
or material which may be produced or modified by Contractor while performing the Work shall
become the property of the City and shall be delivered to the City at its request.
15. CONFIDENTIALITY
Any records, reports, information, data or other documents or materials given to or prepared
or assembled by the Contractor under this Contract will be kept as confidential and shall not be made
available to any individual or organization by the Contractor without prior written approval of the
City.
16. BOOKS AND RECORDS
The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of this Contract and such
accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable
times to inspection, review or audit by the City, its authorized representative, the State Auditor, or
other governmental officials authorized by law to monitor this Contract.
17. CLEAN UP
At any time ordered by the City and immediately after completion of the Work, the Contractor
shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting
from the Work. In the event the Contractor fails to perform the necessary clean up, the City may,
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
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but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be
immediately paid by the Contractor to the City and/or the City may deduct its costs from any
remaining payments due to the Contractor.
18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY:
18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration
with the State of Washington; has a current state unified business identifier number; is not
disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has
industrial insurance as required by Title 51 RCW, if applicable; has an employment security
department number as required in Title 50 RCW, if applicable; has a state excise tax registration
number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as
required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as
required by chapter 70.87 RCW, if applicable.
18.2 Subcontractor Contracts. The Contractor shall include the language of this section in
each of its first tier subcontracts, and shall require each of its subcontractors to include the same
language of this section in each of their subcontracts, adjusting only as necessary the terms used
for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide
documentation to the Owner demonstrating that the subcontractor meets the subcontractor
responsibility criteria below. The requirements of this section apply to all subcontractors regardless
of tier.
18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall
verify that each of its first tier subcontractors meets the following bidder responsibility criteria:
Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have
been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business
Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW
39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers'compensation) coverage for the
subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A
Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A
Washington Department of Revenue state excise tax registration number, as required in Title 82
RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable;
An elevator contractor license, if required by Chapter 70.87 RCW.
19. GENERAL PROVISIONS
19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties
with respect to any matter covered or mentioned in this Contract and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
19.2 Modification. No provisions of this Contract, including this provision, may be amended
or added to except by agreement in writing signed by the Parties or their respective successors in
interest.
19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or
illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
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19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all
of its obligations and rights hereunder without the prior written consent of the City. In the event the
City consents to any such assignment or transfer, such consent shall in no way release the Contractor
from any of its obligations or liabilities under this Contract.
19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be
binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns.
19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of
any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any
part thereof, or the collection of any monies due, or to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party
shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this
Contract shall be King County, Washington.
19.7 No Waiver. Failure of the City to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or
default. Failure of the City to declare one breach or default does not act as a waiver of the City's
right to declare another breach or default.
19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted
in accordance with the laws of the State of Washington.
19.9 Authority. Each individual executing this Contract on behalf of the City and Contractor
represents and warrants that such individuals are duly authorized to execute and deliver this Contract
on behalf of the Contractor or City.
19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor
to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be
delivered personally to the addressee of the notice or may be deposited in the United States mail,
postage prepaid,to the address set forth herein. Any notice so posted in the United States mail shall
be deemed received three (3) days after the date of mailing.
19.11 Captions. The respective captions of the Sections of this Contract are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Contract.
19.12 Performance. Time is of the essence of this Contract and each and all of its provisions
in which performance is a factor. Adherence to completion dates is essential to the Contractor's
performance of this Contract.
19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54,
as amended, occurs as a result of the formation and/or performance of this Contract, this Contract
may be rendered null and void, at the City's option.
19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of
any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the
controlling document, which interpretation shall be final and binding.
DATED the day and year set forth above.
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
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CITY OF YELM
By:
Joe DePinto, Mayor
City of Yelm,
106 Second Ave. SE, Yelm WA 98597
ATTEST:
Kathy Linnemeyer, City Clerk
APPROVED AS TO FORM:
City Attorney, Brent Dille
Nisqually Construction Services LLC,
By:
(Signature)
(Name)
(Address)
(Phone)
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me
known to be the of that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
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oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any,
is the corporate seal of said corporation.
GIVEN my hand and official seal this day of , 20_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
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EXHIBIT A
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
!fit ❑ original
� ry
i/yr ❑ Revised#
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
I)ute: C:ontractorts UB1 Number:
Name&,Flailing Address of Public Agency Department Use Only
Assigned 10:
Date Assigned:
USI Numher:
Notice is hereby given relative to the completion of contract or project described below
!Project Name I Contract Number I Joh Order Contracting
❑ Ycs ❑ No
Description of Work Donellnclude Jobsite Address(es)
Federally funded transportation project? ❑ Yes Li No (if yes,provide Contract Bond Statement below}
Contractor's Name IE-mail Address Affidavit ID*
Cnntraetor Address Te�ephone#
If Rem inage is not withheld,please select one of the follol.iru and bion til1fel)'S Name& and Number.
❑ Kctainage Bond ❑ Contract I'av'tncnl bond(valid for federally funded transportation projects)
Name:: II rid Number:
Date Contract Awarded (Date Work Commenced (Date Work Compleied !Date Work Accepted
IWere Subcontracters used on this project?If so,please complete Addendum A. Elves ❑No
Affidavit II) -Nu Let 1 rElk:a1t;will he grant:cl until all alflicki ii,ark listed-
Contract Arnounl
Additions (-F) $ Liquidated Damages S
Reductions (-) $ Amount Disbursed S
Sub-Total $ 0.00 Amount Retained$
Sales Tax Rate 96
(If various rates apply.please send a breakdown)
Sales'lax Amount $
TOTAL $ 0.00 TOTAL $ 0.00
TOTE:These two totals gnus/he equal
`C wnutrnls:
talc' hr Ill LI-,i:•_r i I,• •'r..1.1.Lf,ri II �:..II•I;i r•:ir.:i•rin:Ii r l`, II .I�;.:11:. �(Lhr s •6�' nr LI.1�:ir this contract.
NO P:\ \II \I till 1: I ]fl \:1111 I K( 1)1 l \ i1 I::,•i1•: I.all L•1.:.1,c ccrtilicatcs.
.uhr I,IIing Fnrrn:I'I,•.n.•,,.I•.irl:�.•. ,u,,I i,•..Ii•:iii I.�.•mil I,,::II Iii] .�.u.:.•ii..i,•. •..•I,«.
Con(LIet Name: Title:
Email Address: Phone Number:
re... Department of Revenue washIngoon Sale oepermienr of EmpFo i nent Security
21. Public Works Section Labor& Industries oepanment
(360)704.5650 Contract Release Registration,Inquiry,
PWCcdor.wa gov (8551.545-8163.option#4 standards&coordination
CoMractRelease JLNLWA-GOV Unit
(760)9012.3450
R1iV 31 0020e(10128/15) 1'215-038.000 I0-2014
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Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in olhcr ibrmats.
Provide known affidavits at this time. Nu t.&i release will be granted until all affidavits are listed.
Subcontractor's Name: UBI Number:(Required) Affidavit ID*
For tax assistance or to request this document in an alternate format,please call 1-800-647-7706.Teletype(TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum(10/28/15) F215-038-000 1 0-20 14
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EXHIBIT B
CITY OF YELM
CONTRACT CHANGE ORDER AGREEMENT
PROJECT CHANGE ORDER EFFECTIVE DATE
NUMBER NUMBER
PROJECT TITLE CONTRACTOR
SUMMARY OF PROPOSED CHANGES:
The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by
Calendar Days. This Document shall become an Amendment to the Contract and all
provisions of the Contract not amended herein will apply to this Change Order.
Will this change affect expiration or extent of Insurance coverage? ❑ Yes❑ No
If"Yes"Will the Policies Be Extended? ❑ Yes❑ No
PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $
UNIT PRICE:
THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE
ITEM NO. ITEM QUANTITY UNIT PRICE ADD OR DELETE
TOTAL NET CONTRACT: INCREASE $ DECREASE $
STATEMENT:
Payment for the above work will be in accordance with applicable portions of the standard
specifications, and with the understanding that all materials, workmanship and measurements shall
be in accordance with the provisions of the standard specifications, the contract plans, and the
special provisions governing the types of construction.
CONTRACTOR'S DEPT. DIRECTOR/MANAGER DATE
SIGNATURE SIGNATURE
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DEPARTMENT RECAP TO DATE: *Adjustments:
ORIGINAL CONTRACT AMOUNT $
PREVIOUS CHANGE ORDERS $
THIS CHANGE ORDER $
*ADJUSTMENTS $
NEW CONTRACT AMOUNT $
ADJUSTMENTS
CHANGE ORDER ESTIMATE IS HEREBY a INCREASED $
u DECREASED$
PAY THIS ADJUSTED AMOUNT $
DEPARTMENT DIRECTOR'S SIGNATURE
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EXHIBIT C
CONTRACTOR'S RETAINAGE AGREEMENT
City of Yeim Bid/Contract Number
105 Yeim Ave.W,Yeim WA 98597
360.458.8499
IDENTIFICATION AND DESCRIPTION
Project Title
Contractor Representative
Bid No. Date Administering Department
City Representative Funding Source
Project Authority
RETAINAGE FORMULA
In accordance with applicable State Statutes, the following provisions will be made for the disposition of the
retainage held for investment:
1. All investments selected below are subject to City approval.
2. Retainage under this agreement will be held in escrow by the (referred
to herein as the Bank),the terms of which are specified by separate escrow agreement. The cost of the
investment program and the risk thereof is to be borne entirely by the contractor.
3. The final disposition of the contract retainage will be made in accordance with applicable statutes.
CONTRACTOR'S INSTRUCTIONS
Pursuant to RCW 60.28.010 I hereby notify the City of Yelm of my instructions a to invest a not to invest the
retainage withheld under the terms of this contract. If the investment option is selected, please provide the
following information:
Name of Bank, Mutual Fund, or Savings&Loan Association:
Address:
Account#: Contact Person:
Contractor: Date:
By: Title:
Address: Phone:
Fed ID#: Est. Completion Date:
CITY APPROVAL
Approval of Investment Program and Retainage Agreement
Finance Director Date
CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE
Contract No. Project Title:
I hereby certify, as Contract Administrator for this Contract representing the City of Yelm, that all work required by the
above cited contract was completed on and final acceptance by the City was granted on
I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics,
subcontractors or materialman who has performed any work or provided any material of subject contract.
Contract Administrator
Director of Administering Department
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Also,please find attached certifications by the applicable state agencies of the receipt of: 1)Washington State Business Taxes(Washington
State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment Security,
Unemployment Insurance Premiums(State of Washington Employment Security Dept.)
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EXHIBIT D
RETAINAGE BOND TO CITY OF YELM
Yelm City Park Stage Design/Build
KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned,
as principal ('Principal"), and
a Corporation organized and existing under the laws of the State of
as a surety Corporation, and qualified under the laws of the State of Washington to become surety
upon bonds of Contractors with Municipal Corporations,as surety("Surety"),are jointly and severally held and firmly bonded
to the City of Yelm ("City") in the penal sum of: ($
for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as
the case may be.
A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances,
regulations, standards and policies of the City, as now existing or hereafter amended or adopted.
B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal,
providing for the Project, which contract is incorporated herein by this reference
('Contract"), and
C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the
Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as a trust
fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who shall perform
any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or
subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes
imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing
supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such
notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now
existing and in accordance with any amendments that may hereafter be provided thereto; and
D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any
portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such
bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth
retained percentages pursuant to Chapter 60.28 RCW; and
E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein
provided for in the manner and within the time set forth, for the amount of$ ; and
F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance
and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents,
NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the
time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay
all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or
subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all
taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the
event this obligation shall be void; but otherwise it shall be and remain in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change,
extension of time, alterations or additions to the terms of the Contract or to the Work.
The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract
without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall
automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to
exceed twenty-five percent(25%)of the original amount of this bond without consent of the Surety.
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Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the
Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a
reasonable time period, or(b) tender to the City, the amount necessary for the City to remedy the default, including legal
fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the
Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead.
The Surety shall then fulfill its obligations under this bond,according to the option it has elected. Should Surety elect option
(a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by
the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work,the City shall
notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the
Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety
elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any
interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default
by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation
procedures of United States Arbitration and Mediation ('USA&M"). The Parties shall proportionately share in the cost of
the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union
Street, Seattle,Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation.
The parties have executed this instrument under their separate seals this day of 20 ,
the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned
representatives pursuant to authority of its governing body.
CORPORATE SEAL:
PRINCIPAL
By:
Title:
Address:
CORPORATE SEAL:
SURETY
By:
Attorney-in-Fact
(Attach Power of Attorney)
Title:
Address:
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 22 [2020]
RFB ver. 1-20
CERTIFICATES AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within
bond; that , who signed the said bond on behalf of the Principal, was
of said Corporation; that I know his or her signature thereto is genuine, and that
said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
Secretary of Assistant Secretary
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within
bond; that , who signed the said bond on behalf of the Surety, was
of the said Corporation; that I know his or her signature thereto is genuine, and
that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
Secretary of Assistant Secretary
APPROVED AS TO FORM:
Brent Dille, City Attorney
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 23 [2020]
RFB ver. 1-20
EXHIBIT E
NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS
NONDISCRIMINATION IN EMPLOYMENT
TO: ALL EMPLOYEES
AND TO:
(Name of Union or Organization)
The undersigned currently holds contract(s)with involving funds
or credit of the City of Yelm, Washington, or (a) subcontract(s) with a prime contractor holding such
contract(s).
You are advised that, under the provisions of the above contract(s) or subcontract(s) and in
accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned
is obliged not to discriminate against any employee or applicant of employment because of race,
color, creed or national origin. This obligation not to discriminate in employment includes, but is not
limited to, the following:
EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION
RECRUITMENT AND ADVERTISING
RATES OF PAY OR OTHER FORMS OF COMPENSATION
SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION
This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s)
and Executive Order 11246.
Copies of this Notice will be posted by the undersigned in conspicuous places available to employees
or applicants for employment.
Complaints may be submitted to:
City of Yelm,
105 Yelm Ave. W, Yelm WA 98597
(Contractor or subcontractor)
Date
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 24 [2020]
RFB ver. 1-20
EXHIBIT F
CERTIFICATE OF INSURANCE
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 25 [2020]
RFB ver. 1-20
EXHIBIT G
CITY OF YELM
PERFORMANCE/PAYMENT BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned , ("Principal") and
, the undersigned corporation organized and existing under the laws
of the State of and legally doing business in the State of Washington as a surety ("Surety"),
are held and firmly bonded unto the City of Yelm, a Washington municipal corporation ("City") in the penal sum
of Dollars and no/100 ($ ) for the payment of
which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and
severally.
This obligation is entered into an Agreement with the City dated , 20 for
NOW,THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within
the time period prescribed by the City, or within such extensions of time as may be granted under the
Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons
who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work,
and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage
occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal,
or any subcontractor in the performance of said work,and shall indemnify and hold the City harmless from any
damage or expense by reason of failure of performance as specified in the Agreement within a period of two
(2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but
otherwise, it shall be and remain in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby
waive notice of any change, extension of time,alterations or additions to the terms of the Agreement or to the
Work.
The Surety hereby agrees that modifications and changes may be made in terms and provisions of the
Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be
paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like
amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond
without the consent of the Surety.
Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the
Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default
itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy
the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute
is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City
of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond,
according to the option it has elected. Should Surety elect option (a)to cure the default,the penal sum of the
Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If
the Surety elects option (b),then upon completion of the necessary work,the City shall notify the Surety of its
actual costs. The City shall return, without interest,any overpayment made by the Surety and the Surety shall
pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety
elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph,
prior to any interplead action.
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 26 [2020]
RFB ver. 1-20
In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of
default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with
the mediation procedures of United States Arbitration and Mediation ("USA&M'). The Parties shall
proportionately share in the cost of the mediation. The mediation shall be administered Washington Arbitration
& Mediation Service (WAMS) —3600 Port of Tacoma Road, Suite 304
Tacoma, WA 98424 The Surety shall not interplead prior to completion of the mediation.
DATED this day of , 20 .
CORPORATE SEAL OF PRINCIPAL: PRINCIPAL
By:
(Name of Person Executing Bond)
Its:
(Title)
(Address)
(Phone)
STATE IF WASHINGTON )
) SS.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company,for the uses and purposed therein mentioned,and on oath stated that he/she was authorized
to execute said instrument.
GIVEN my hand and official seal this day of , 20_.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
CORPORATE SEAL OF SURETY
SURETY
BY:
Attorney-in Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
Yelm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 27 [2020]
RFB ver. 1-20
(Address)
(Phone)
APPROVED AS TO FORM:
Brent Dille
YeIm City Park Stage Design/Build (115 Se Mosman Ave,Yelm,WA 98597)
T.I.B Project No. CP12023 RFB # 20-001
Page 28 [2020]
RFB ver. 1-20
NIS u a I I �' � A Tribally-Owned,Small Business
Safety I Quality I Production
Construction Services, LLC
City of Yelm, Washington February 3rd, 2023
Public Works
901 Rhoton Road
Yelm, WA 98597
Attention : Cody Colt, Public Services Director
Reference: Yelm City Park Stage Design-Build RFP
Mr. Colt,
This letter is in response to the RFP received January 20th, 2023 requesting a cost proposal for design-
build services to construct a stage at the Yelm City Park located at 115 SE Mosman Ave,Yelm, WA.
Following our review of the RFP we reached out to the local engineering and architectural community
for input on the project and have assembled a team we believe will be able to provide the City of Yelm
with a Stage Facility that will meet the needs of the community while adding to Yelm City Park facilities.
Carve Architects is in Olympia, WA and has participated in similar projects along with being part of a
current project in Grays Harbor for a Stage Facility.
Michael Kershisnik, AIA, Principal Architect would be our Architect for this project.
PCS Structural Solutions located in Tacoma, WA would provide the necessary structural engineering.
Jeff Klein, P.E. would be our Structural Engineer for this project.
LDC Surveying, Engineering, Planning located in Olympia, WA would provide the necessary civil
engineering support for the project.
Ross Jarvis, P.E., Principal Engineer, would be our Civil Engineer for this project.
This will be our principal design team with Nisqually Construction Services, LLC providing constructability
and pricing review.
We have reached out to NW Stage and would utilize their input on typical stage layout and components
utilized for events to ensure the facility will meet a wide range of venues for the City of Yelm and the
people who come to the park for events.
Our budget for this project has been developed utilizing a combination of historical information and
current market pricing. A matrix of anticipated costs is included for review.
12820 Yelm Highway SE,Suite H www.NisquallyConstruction.com P.(253)722-5928
Olympia,WA 98513 F.(253)295-7080
Nisqually Construction Services LLC Page 12
Phase 1-DESIGN AND PERMITTING
Design $ 35,000.00
Architectural Carve Architects Michael Kershisnik
Structural PCS Jeff Klein
Civil LDC Ross Jarvis
Stage NW Stage
Permitting $ 5,000.00
Design Budget $ 40,000.00
PHASE 2-CONSTRUCTION
TESC $ 5,000.00 Nisqually Construction
Demo $ 15,000.00 Nisqually Construction
Civil $ 25,000.00 Nisqually Construction
Concrete $ 40,000.00 Nisqually Construction
Structure $ 150,000.00 Nisqually Construction
Electrical $ 30,000.00 TBD
Finishes $ 15,000.00 TBD
Artwork $ 10,000.00 TBD
Restoration $ 10,000.00 Nisqually Construction
Construction Budget $ 300,000.00
Combined Total $ 340,000.00
We appreciate the opportunity to partner with the City of Yelm to construct this Stage and look forward
to assisting you with providing your community with this welcome addition to the Yelm City Park
facilities.
Please do not hesitate to contact us with any questions or items you wish to discuss further.
Sincerely,
Z7C J426v-L OatLitadi.
Damon Oatman
Director of Construction Services
Corporate Office P.(253)722-5928 Branch Office
12820 Yelm Highway SE F.(253)295-7080 950 Pacific Ave,Suite 620
Olympia,WA 98513 www.NisquallyConstruction.com Tacoma,WA 98402
iCILL..............
EST.1924
WASHINGTON
Meeting Date: February 28, 2023
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: CONFIRMATION OF APPOINTMENTS TO THE CITY OF YELM ADVISORY
BOARDS AND COMMISSIONS
PROPOSED MOTION: Motion to confirm Mayor DePinto's appointments to the Planning
Commission, Arts Commission, Parks Advisory Committee, and the Police Advisory Committee
KEY FACTS AND INFORMATION SUMMARY:
• The City of Yelm has open positions on the Advisory Boards & Commissions
• The open positions were posted on the City's website in December 2022 and on the City of Yelm
Facebook page in December and again in January. Notices were also posted on the bulletin
board at City Hall.
• 18 applications were received
• Mayor DePinto has received staff recommendations, has reviewed the applications and has
made the following appointments:
Planning Commission—John Graver and Richard Lomsdale
Arts Commission—Stephanie Hagelgans
Parks Advisory Committee— Marian Licxandru
Police Advisory Committee—Allyn Verbal
Respectfully Submitted:
Joe DePinto, Mayor
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