FINAL 2022 0125 Council Agenda PacketMoses Lake City Council
Dean Hankins, Mayor |Don Myers, Deputy Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member
Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member
REMOTE ACCESS OPTION and IN PERSON UPDATE
Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda, or via internet
at https://cityofml.zoom.us/j/83652426280. Persons requesting to address the Council from the remote option will
need to complete the online speaker request form before 3 p.m.. on the day of the meeting. Masks will be
required for in person attendees.
Regular Meeting Agenda
Tuesday, January 25, 2022
Moses Lake Civic Center – 401 S. Balsam or remote access
6:30 p.m. - Municipal Airport Fuel Storage – packet (addendum pg 4)
- Executive Session – Potential Litigation pursuant to RCW 42.30.110(1)(i)
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Ceremonial Oath for Mayor Hankins
Summary Reports:
Mayor’s Report
-Confirmation to Change LTAC Chair
Additional Business
City Manager’s Report
-Housing Program Update
-AWC Worker’s Comp Pool Report
Pg 4 - Legislative Agendas
Citizen’s Communications Moses Lake Council Packet 1-25-22, Page 1 of 210
January 25, 2022, City Council Meeting Page 2 _________________
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Council Member requests specific items to be removed
from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the
Consent Agenda.
#1 pg 7
a.City Council Meeting Minutes Dated January 5 and January 11, 2022
b.Claims and Payroll
c.Extend Wireless Facilities Interim Controls Ordinance 2999
d.Grant County PUD Easement Resolution 3878
e.Payoff Limited Tax General Obligation Bond
f.Accept Sewer Lining Project
Old Business
#2
Motion
pg 61
Employee Handbook Resolution 3874
Presented by Shannon Springer, Human Resources Director
Summary: Council to review and consider adoption
New Business
#3
Motion
#4
Motion
pg 161
Purchasing Policies Resolution 3879
Presented by Gail Gray, Interim Finance Director
Summary: Council to review and consider adoption
pg 186
Award Tana Lift Station Upgrade
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and consider approval
Administrative Reports
-Pg 189 – Hayboy Farms Water Rights Pursuit
-Pg 190 – Extra Territorial Agreement Policy Discussion
-Pg 192 – Drone Policy Discussion
-Pg 205 – Larson Recreation Center Project Update
-Pg 206 – Parks & Recreation Comp Plan Update
-Pg 208 – Moses lake Community Coalition 4th Quarter Report
Council Communications and Reports
Adjournment
Moses Lake Council Packet 1-25-22, Page 2 of 210
January 25, 2022, City Council Meeting Page 3 _________________
Next Regular Council Meeting is scheduled for February 8, 2022
Zoom Meeting – Audio Only Please click the link below to join the webinar:
https://cityofml.zoom.us/j/83652426280
Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# Or Telephone: Dial(for
higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669
900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799
Webinar ID: 836 5242 6280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ
NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate
physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible so
that arrangements may be made prior to the meeting time.
Moses Lake Council Packet 1-25-22, Page 3 of 210
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 24, 2022
Proceeding Type: Administrative Report
Subject: Municipal Airport Public and Private Fuel Station Background
Research Ongoing
Public Fuel System Installation Bids Rejected (1-11-2022)
The Council voted 7-0 on January 11, 2022, to reject the bids received for the installation of a Public
Fuel System, as the lowest bid received ($365,335.10) was far more than the $175,000 Community
Aviation Revitalization Board (CARB) Loan that was provided.
After the Bids were rejected, representatives from both Crosswinds Aviation and the Airport Advisory
Board spoke. James Wilson of Crosswinds Aviation offered to continue to provide the fueling service
privately and Darrin Jackson of the Airport Advisory Board noted that there were long standing
operations and licensing issues with the offered private service (see attached letters). Several Council
Members requested additional background and research information on the situation (see attached
Airport Advisory Board meetings history).
Private Fuel Station Operations and Licensing: Crosswinds Aviation does have an aviation fuel system
installed at the Municipal Airport and they do provide private fuel service with a 24/7 card reader.
Crosswinds Aviation does have a general business license.
However, Crosswinds Aviation is not
listed with an Active Fuel Tax License
as of November 2021 on the
Department of Licensing Website
(https://www.dol.wa.gov/about/docs
/fueltax-active/2021-11-ft-active.pdf).
It is possible it could be under a
different name. It should be noted
that an Aircraft Fuel Distributor
License allows for the purchase of
non-taxed aircraft fuel for resale.
This license includes both aviation gasoline and jet fuel. Once you're licensed, there's no renewal period.
If an Aircraft Fuel Distribution endorsement is missing, it can be cured, by obtaining the licensing.
Crosswinds Aviation Existing Private Fuel System
Council 1-25-22 updated after pg 4: 1
Public Fuel Station Equipment and Installation: A used fuel cell, with a card reader, which is in
excellent condition for $120,000 was identified by the Airport Advisory Board at the time the $175,000
CARB loan was originally applied for. The Airport Advisory Board has spent (2) years working on
purchasing a public fueling system. However, there are public processes that must be followed in
order to permit, bid, install, license, and operate a public fueling system as follows:
• Project Feasibility Study
• Environmental Site Assessment of the
Proposed Fueling Station Buildings and Site
that was Purchased by the City
• Site Design including Pad, Fencing, Power,
and Setback from the Bureau Canal
• Bureau Permitting
• SEPA permitting process for building permit
• State Aircraft Fuel Distribution License
• State Fuel Tax License
• Public Bidding and Purchasing Processes (Bid Splitting is not allowed)
• Prevailing Wage Installation and Construction Costs
• Increase the CARB Loan Amount (Return Loan and Increase It)
• Operations Costs (fuel purchasing, fuel handling, documentation, and taxes)
Unfortunately, the original CARB loan amount of $175,000 is not adequate to fully install a public
fueling system. The amount may be enough to purchase a used Fuel Cell and get it delivered, but then
additional funds would be necessary to conduct the permitting, installation, and licensing to get it up
and running.
Community Aviation Revitalization Board (CARB) Loan: In discussions with the
CARB Board, it was discovered that there are now more monies available in the
CARB loan program. CARB loans are very low 2% interest with 30-year monthly
payback period. The CARB Board described three options for the City:
1. Continue with the $175,000 loan and provide the remaining Fuel System
funding from other sources (approved by attached Resolution 3835)
2. Apply for a loan amendment to increase the Fuel System loan amount.
This would require a feasibility study to determine if the fueling revenue
would provide for the higher monthly loan payments in the long term.
3. Return the Fuel System loan and apply for an Airport Revitalization CARB Loan to provide the
seed money needed for the redevelopment of the airport into an Airpark
Ongoing Research and Further Reporting: Like an onion, there is more layers to this situation. City
staff are still researching and will have more to report.
Council 1-25-22 updated after pg 4: 2
Municipal Airport Board Meeting Minutes
Date Action
2019.06.21
Board unanimously agreed to start working on putting in a fueling station. Space
next to Tom Dent’s ag office is a good possible location. It already has a building, a
pad, and fiber lines. Discussed putting in a station similar to the one at Grant County
Mosquito Control District. Will need to research different options and put in budget
2019.07.12 Darrin Jackson put out feelers to find out if anyone is interested in putting in a fuel
2019.08.09
Darrin Jackson has contacted Million Air and they are interested in providing a fuel
station. The cost would be approximately $58,000. He said that there could be some
funding from the City for the station. Tim Prickett asked about the tanks at the
Mosquito District and a card lock system. Richard Pearce will contact the Mosquito
2019.10.11
Darrin Jackson will be meeting with Million Air in December. There is concern about
the actual amount of fuel sales at the airport. Darrin thought the only other option
for a fuel station would be the Airport putting in the fuel station.
2019.11.08 Community Aviation Revitalization Board (CARB) loans are available for projects that
are not covered by grants. The Board might want to consider one for the fuel
2019.12.13
Darrin Jackson had no new information on the fuel station. Richard Pearce felt a
CARB (Community Aviation Revitalization Board) loan could be used for a fuel
station at the Airport. The Board needs to get more information on cost of project
but Tom said they need to have the Airport added to the CARB loan list. Darrin
Jackson made a motion to ask the State to put our name in for a CARB loan. It was
2020.01.10
Darrin Jackson presented information on leasing or buying a self‐contained fuel
cabinet. The cost to lease one is approximately $250 to $300 a month. The cost to
buy one is $75,000 to $120,000. Tom felt it would be better in the long term to buy
one rather than lease one. Richard suggested looking in to getting a CARB loan to
purchase one. Fred will check with the Finance Department on whether the City
would approve of the Airport securing a loan. A motion was made by Finley to
2020.02.14
Darrin Jackson reported that it will cost between $140,000 and $180,000 for a fuel
station. The Airport has a pad. They would have to move Tom’s building and a
licensed electrician would have to do the electrical work.
Richard Pearce had reservations about using a Community Aviation Revitalization
Board (CARB) loan to secure a fuel station. He is unsure if they could sell enough fuel
to pay back the loan. Fred brought CARB loan information for the Board. He
informed them that the application deadline is March 20. Darrin Jackson made a
motion to ask the City to apply for a CARB loan for up to $250,000 for a future fuel
2020.06.12
Fred said the loan is on hold. Trey Dial is concerned with whether they can get their
investment back and make payment on the loan. Tom felt if we had fuel, we could
sell fuel. Trey will get back with Fred next week with his findings.
2020.09.11
Fred Snoderly has not turned in the application. Tom Dent has located a 12,000‐
gallon fuel tank to purchase for $125,000. Tom thought the price was negotiable.
The CARB loan is needed before a purchase can be made. Fred Snoderly will work
2020.10.09
The CARB Loan application was competed by Mr. Snoderly and sent on Tuesday to
WSDOT Aviation in the amount of $175.000. Receipt was acknowledged, and they
will call with any questions. The proposal to purchase Tom Dent’s property is on the
Council 1-25-22 updated after pg 4: 3
Municipal Airport Board Meeting Minutes
Date Action
2020.12.11
The City has received the CARB loan agreement back from the State. Final
paperwork needs to be signed by the City. Fred Snoderly has contacted the company
with the used fuel system. The cost of the system is $120,000. He has also spoken
with WSDOT Aviation on a company that can move, install, and certify the fuel
2021.01.08
Mr. Snoderly has checked into purchasing a used fuel system and a new fuel system.
He believes the City can purchase a new system for the same price as a used one
with some additional costs for delivery and set up. Mr. Darrin Jackson and Mr.
2021.02.12 The Board discussed purchasing a new or used fuel system. A motion was made by
Mr. Pearce that a new fuel system be put in, not a used one. Mr. Prickett seconded
2021.03.12
Mr. Moro reported that from conversations with D.O.T. the cost of a new fuel
system would be close to $500,000. He will have consultants review information and
provide some options. The City is waiting for the Quit Claim Deed from Mr. Dent on
2021.04.09
The City has received a Quit Claim Deed from Mr. Dent for Parcels 14 and 15. Mr.
Moro has contacted Chevy Bailey, the City’s consultant, and requested an
updated estimate for installation of a used and a new system. The City would like
to contract out the whole project. The consultant will prepare a plan and
specifications for the installation. Mr. Moro will ask him about containment
requirements for new and used systems. The Board requested estimates for a
new 6,000‐gallon tank and the 12,000‐gallon fuel tank. There was also some
2021.05.14 Mr. Moro has not been able to contact the consultant, Chevy Bailey. Mr. Moro
will continue to try to contact him. Mr. Prickett felt we needed to move forward
2021.06.11
Mr. Moro has not received any information from Chevy Bailey. He has contacted
David Chenaur with Washington State Department of Transportation, Aviation
Division. Mr. Chenaur is going to send Mr. Moro a basic set of specifications for
the fuel system. A request for quotes can then be prepared for the materials and
installation. Mr. Jackson suggest calling the Port of Ephrata for a copy of their
specifications. Mr. Moro was also told that June 30th is not a deadline for the
loan; it goes on until we purchase the station. The loan amount is approved for a
12,000‐gallon tank and cannot be used for a 6,000‐gallon tank. Mr. Moro will
2021.07.09
Mark Beaulieu, PE, the City’s new engineer, will be taking over the fuel system
project. Mr. Moro will receive a copy of the site plan once it is drawn up. Mr.
Moro would like the Board to review it before it goes out for bid. The bid will be
for the whole project. In accordance with the loan, the request for bids will be
for a 12,000‐gallon used tank, with an option of a 6,000‐gallon new tank with the
City paying any additional costs over the loan amount. The City would prefer a
new system over a used system. Mr. Dent said the CARB loan committee had no
2021.09.10
Fuel bids will be opened on September 22, 2021. Depending on how the bids
come in there is an opportunity to apply for additional funds by October 1, 2021.
Mr. Moro reported that the Engineering Department said some interest has been
Council 1-25-22 updated after pg 4: 4
Municipal Airport Board Meeting Minutes
Date Action
2021.10.07
Mr. Bren reported the City had received several bids. The City Engineer’s estimate
was $274,000. The low bid was $342,000 by Ultra Tank Service for a new 6,000‐
gallon tank. Mr. Bren would like to reject the bid and rebid it. Mr. Bren said the cost
of steel has gone up substantially in the last while. Mr. Pearce made a motion to
reject the bids and to have the fuel system go out for new bids. The motion was
2021.11.10 The second request for bids is open until January and the board members were
encouraged to contact anyone who may want to bid on the project.
2021.12.17
Mr. Prickett felt the airport should purchase the used fuel system that was discussed
by the previous Municipal Services Director. Mr. Prickett felt there would be enough
money with the Community Aviation Revitalization Board (CARB) loan to purchase
the system, transport it, and have it set up. Mr. Bren thought it would be possible to
purchase the system now and then look at getting the funds to install it later. The
board discussed whether they should recommend withdrawing the request for bids
on the new system and go with the used system, or wait for the bids to come in. A
motion was made by Mr. Pearce to terminate the bid process for a new system. The
motion was seconded by Mr. Grant. The motion was passed unanimously. Mr.
Jackson made a motion to recommend to the City Council to purchase the original
2022.01.14
The City Council voted to reject the recent bids at the Tuesday, January 11, 2022,
meeting. Mayor Hankins asked Mr. Jackson to meet with council during their
executive meeting at the next council meeting to explain what the board is trying to
do, in general, with the fuel system. Mr. Jackson presented to the board a rebuttal
letter that he will present to council in response to some comments made at the last
council meeting. Mr. Dent encouraged the board and the city to move forward on
the purchase of the used system. The board feels it is important to have a reliable
fuel system. Mr. Prickett would like to make sure everyone at the airport is doing
business legally and are all held to the same standards. The board discussed airport
inspections. Mr. Jackson noted that in an earlier inspection only minor code
violations were reported. Mr. Prickett made a motion to proceed with the previous
motion to approve the purchase of the agreed to, and motioned, and approved,
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City Legislative Priorities2022
Candice Bock
Government Relations Director
candiceb@awcnet.org
10/07/21
Contact:
Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org
Pass a transportation package
Adopt a new transportation revenue package
that emphasizes maintenance/preservation
funding and provides an equitable level of local funding
and additional long-term, sustainable revenue options
for cities.
City streets accommodate 26% of all vehicle miles
traveled and cities are responsible for many aspects
of the transportation system beyond local streets.
This includes sidewalks, pedestrian and bicycle
infrastructure, some aspects of state highways,
stormwater infrastructure, and other utilities. Cities
largely fund these needs locally with only 13% of
funding coming from the state and 8% from federal
sources. Pass a statewide transportation package
that addresses local transportation needs to keep
our state moving.
Cities are home to 65% of the state’s residents, drive the economy, and provide the most accessible
government. The continued success of cities depends on adequate resources and local decision-making to
best meet the needs of our shared residents.
Washington’s 281 cities ask the Legislature to partner with cities and take action on the following priorities—
because strong cities make a great state.
Protect Transportation Benefit
District funding authority
Support expanded local authority for Transportation
Benefit Districts (TBDs) so cities can continue using
the sales tax funding tool beyond the current time
limitations.
Cities largely fund their transportation systems
locally. In fact, 79% of funding comes from
local sources, such as Transportation Benefit
Districts. TBDs are a crucial funding tool for critical
transportation needs. TBD revenue authority must
continue as a sustainable funding source for ongoing
transportation needs.
AWC’s advocacy is guided by the
following core principles from our
Statement of Policy:
• Local decision-making authority
• Fiscal flexibility and sustainability
• Equal standing for cities
• Diversity, equity, and inclusion
• Strong Washington state partnerships
• Nonpartisan analysis and decision-making
Ensure basic
infrastructure funding
Provide flexible state and federal dollars
through programs like the Public Works
Assistance Account to help cities finance basic
infrastructure such as drinking water and wastewater.
Basic infrastructure is the key to our robust state
economy and protecting our environment. Nearly
$900 million in local infrastructure projects are
currently halted due to lack of funding. State
investment in local infrastructure is critical to
ensuring reliable, equitable, safe, and affordable
service to support our residents, businesses, and
environment.
Moses Lake Council Packet 1-25-22, Page 4 of 210
Legislative Priority “Quick” Bill Description:
HB – 1719 - Clarifies less lethal alternatives are allowed by law enforcement agencies including
addressing the use of bean bags and firearms of .50 caliber or greater
HB – 1726 – Allows law enforcement to use physical force when there is a reasonable suspicion that an
individual has committed a specific offense, including assault, a violent offense or the crime of domestic
violence.
HB – 1735- Clarifies law enforcement may use physical force for community caretaking functions
including assisting ITA and behavioral health situation
HB – 1788- This bill expands the circumstances in which a peace officer may engage in a vehicular
pursuit, in consultation with the supervising officer
HB – 1202- Increases liability for cities by providing additional cause of action to allow any person
injured by law enforcement to sue an officer and their employing city
HB 1712 – Representative Dent’s bill would provide an overhaul of how cities fill seats on their municipal
airport commissions
HB 1722 – Preempts city land use authority and requires the use of microtrenching for the deployment
of fiber optic cable
HB 1782 and SB 5670 – Mandates additional middle housing zoning near transit and in areas currently
zoned for single-family detached housing with significant preemption of local land use authority and no
guaranteed outcomes for increasing affordability or density
HB 1981 – Provides financial options for cities undertaking planning, provides REET and property tax
increase allowance for certain planning activities, but does amend GMA to require cities to have certain
types of housing
HB 1523 - SB 5510 – Would allow a Transportation Benefit District sales tax to be renewed every ten
years in perpetuity (current law only allows it to be renewed twice after the initial ten year period)
HB 1025 – Provides for a local option for a voter approved sales tax for parks
HB 1811 – Allows cities with fire departments that are not a part of a fire district to impose benefits
charges to fund fire services subject to voter approval.
HB – 1799 provides for cities that manage a solid waste program a requirement to provide an organics
collection and management service. Incentivizes a yard waste/compost addition to a solid waste
program.
Concerning bill:
SB 5155 – HB 1754- Would allow interest on judgments for tortious conduct to begin to accrue from the
date on which a person suffers an injury or loss. Current law provides that interest begins to accrue on
the date a judgment is entered by a court.
Moses Lake Council Packet 1-25-22, Page 5 of 210
Police Reform:
The City of Moses Lake respects and advocates for the ability of our Police Department to carry out
their peacekeeper role. Recent legislative changes have tied the hands of our police officers by
limiting their ability to respond. The City supports legislation that clarifies changes made during the
last legislative session. (HB 1719, HB 1726, HB 1735, HB 1788). The City opposes legislation that
increases the individual liability of our police officers (HB 1202).
Maintain Local Control:
The City of Moses Lake urges our Legislators to carefully consider legislation that usurps local control.
HB 1782/SB 5670 mandates the inclusion of housing types without process. The City asks to maintain
control over these decisions that directly impact our neighborhoods and citizens and asks for
creative, incentive based solutions such as offered in HB 1981. HB 1722 is another example of
usurping local control and the City would oppose.
Infrastructure Funding:
The City’s recent Comprehensive Plan update identified significant need in infrastructure
improvements. The City supports the State’s effort to provide revenue sources for critical
water/sewer/storm water/solid waste and transportation infrastructure, and asks for revenue
flexibility that can help the City support our future growth. The City requests that State agencies are
directed to prioritize City projects developed during their community input processes.
Maintain and Expand Flexibility of Funding Sources:
State programs have been subject to elimination such as the Public Works Assistance Account. These
programs invest in our communities and support local priorities. The City supports maintaining State
funding sources while providing cities with flexibility. Examples include new sales tax authorities for
parks (HB 1025), extending the ability to have a voter approved Transportation Benefit District (SB
5510) and HB 1811 that provides for fire benefit charges.
Allison Williams * City Manager * awilliams@cityofml.com
City of Moses Lake * www.cityofml.com * (509)764-3702
Moses Lake Council Packet 1-25-22, Page 6 of 210
MOSES LAKE CITY COUNCIL – SPECIAL MEETING Wednesday, January 5, 2022
CALL TO ORDER
The meeting was called to order at 6:00 p.m. Special notice for remote attendance was posted on the meeting agenda.
ROLL CALL
Present: Council Members Martinez, Myers, Fancher, Eck, and Hankins. Council Member Madewell attended remotely and Council Member Swartz arrived at 6:05 p.m. 2022 WORK PLAN UPDATE
Human Resources Director Shannon Springer is working on a comprehensive leadership training
program for management and will identify mandatory trainings for all employees. The HR Department will continue to improve the standards for onboarding new hires, negotiate new union contracts, establish a citywide safety committee, and strengthen processes for recruitment.
Interim Finance Director Gail Gray will assist in hiring a new department director, oversee
rebuilding of accounting functions, monitor utility billing software transition, manage state
audits, and assist with establishing financing for the police station remodel and water/sewer projects.
Police Chief Kevin Fuhr plans to continue his leadership on 2020 legislative reform, develop a regional training hub, establish a law enforcement ongoing training accreditation plan, strengthen
community outreach, and initiate the police station remodel. Council Members were invited to
sign up for a ride-along to observe the workday of a police officer.
Fire Chief Brett Bastian summarized the staffing levels and needs for succession planning, they are developing a standard of coverage needs assessment for facilities and equipment, preparing for a visit from the Washington State Survey and Ratings Bureau, and implementing a regional
haz mat team with fire districts in neighboring counties. Council Members were also invited to
sign up for observations with the workday of a firefighter.
Parks, Recreation, and Cultural Services Director Susan Schwiesow is working on completing the department’s Comp Plan and Creative District Plan, and coordinating with other departments for construction of the new Larson Recreation Center. The department plans for two playground
replacements, one ballfield renovation, sports tournaments, museum grants, a mobile sports
programs grant, and tree plantings for the 40th celebration of the Yonezawa Sister City relationship.
Community Development Department information was covered by City Manager Allison Williams. The new Comp Plan will be implemented, the Shoreline Master Plan will be updated, there is a need to grow the Code Enforcement staff to educate the public, staff will continue to
improve solutions for the homelessness Housing Program and establish a new Permit Center in the lobby of the current space shared with Engineering staff.
Municipal Services Director Dave Bren is working with Comm Dev on the online permit portal, improving reporting to the community on capital projects, updating the System Plans for
Moses Lake Council Packet 1-25-22, Page 7 of 210
CITY COUNCIL MINUTES – January 5, 2022
pg. 2
infrastructure, reorganizing engineering staff, and searching for a replacement to recently retired Public Works Superintendent Mike Moro.
City Attorney Katherine Kenison reviewed the Council-Manager form of government regulated
under RCW 35A, division of legislative, executive, and judicial branches, the roles for each branch of government, as well as when there is need to engage with outside counsel.
Administrative Services Manager / City Clerk Debbie Burke summarized goals for IT staff being to continue implementations of new software, creating a two factor security login, server and internet updates, supporting the continuity of operations when the Larson Rec Center opens and
during the police department remodel, new classroom training for employees, and maintaining an accurate equipment inventory and replacement program.
City Manager Allison Williams reviewed the City’s Mission, Values, and implementation of the updated Comprehensive Plan. A few housekeeping items that will need to be addressed with the current Council: start time for study sessions, budget amendment to consider Council requesting
City cell phones, tradition of Mayor’s oath of office, and Council Committee assignments. Council concurred to have meeting packets distributed on Thursdays and to have larger items available to review in advance of the full meeting packet.
EXECUTIVE SESSION
City Attorney Katherine Kenison called an Executive Session at 7:30 p.m. to discuss litigation
for 15 minutes pursuant to RCW 42.30.110(1)(i). The session was extended for 15 minutes.
ADJOURNMENT
The meeting adjourned at 8:00 p.m.
______________________________________ Dean Hankins, Mayor
ATTEST____________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 1-25-22, Page 8 of 210
MOSES LAKE CITY COUNCIL January 11, 2022
STUDY SESSION
Rolluda Architects representatives Rich Murakami and Mark McCarter gave a brief presentation on the Police building remodel conceptual drawings and budget line items. Police Chief Fuhr discussed the possibilities of doing the plan in phases due to the rising costs of construction.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Council Member Myers with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda.
ROLL CALL
Present: Council Members Myers, Eck, Martinez, Swartz, Hankins and Fancher. Council Member Madewell attended remotely.
PLEDGE OF ALLEGIANCE
Council Member Myers led the Flag Salute. COUNCIL ELECTION OF MAYOR AND DEPUTY MAYOR
Council Member Madewell nominated Council Member Myers. Council Member Fancher
nominated Council Member Hankins. Council Member Martinez nominated Council Member
Eck. Council Member Myers closed the nominations. Council Member Hankins was elected Mayor 3 – 2 – 2. Council Members Eck and Myers each received two votes. Council Member Fancher nominated Council Member Myers for Deputy Mayor. Council
Member Swartz nominated Council Member Eck for Deputy Mayor. Mayor Hankins closed the
nominations. Council Member Myers was elected Deputy Mayor 4 – 3. AGENDA APPROVAL
Action taken: Council Member Eck moved to approve the Agenda as presented, second by
Deputy Mayor Myers. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT
Appoint LEOFF Board Members
Mayor Hankins recommended appointment of Council Members Dave Eck for a two-year term expiring December 31, 2023, and Dean Hankins for a one-year term expiring December 31, 2022, to the LEOFF Board. Action taken: Council Member Madewell moved to confirm the appointments as presented,
second by Council Member Martinez. The motion carried 7 – 0. Planning Commission Three applications were received for one vacancy on the Planning Commission. The
Council discussed having Planning Commissioners review the applications and report
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pg. 2
back with a recommendation. Action taken: Mayor Hankins moved to send the applications to Planning Commission for
review and recommendation, second by Council Member Madewell. The motion carried 7 – 0. CITY MANAGER’S REPORT
Employee New Hire, Promotions, and Staffing Updates Introductions were given of Municipal Services new hires Wastewater Operator Justin
Akerley and Engineering Technician I Tyler Brady, and promotions of Project Surveyor
Levi Bisnett, Development Surveyor Wayne Ostler, and Engineering Technician I Lori Lopez. Bill Aukett was recognized for his promotion to the Parks Maintenance Superintendent. Lee Creiglow has been appointed as the Interim Community Development Director and Tony Massa the Interim Public Works Director.
Mayor Hankins and Council Member Martinez will participate in the upcoming interviews for the Finance Director candidates. Downtown Moses Lake Association for Creative District Interlocal Agreement
The agreement defines the responsibilities and expectations for the Creative District Certification by each part. The City is expected to receive the Creative District certification in the first quarter of 2022. Action taken: Deputy Mayor Myers moved to authorize the agreement as presented, second by
Council Member Martinez. The motion carried 7 – 0.
Letter to Grant County Commissioners Regarding Transformational Center The letter included in the packet was sent to the Grant County Commissioners requesting a partnership for funding a Transformational Center. City Manager Allison Williams met
with Commissioners today to discuss the concepts and planning a campus of services to people experiencing homelessness and at-risk of homelessness.
Railroad ILA with Port of Moses Lake and Grant County The Port is finalizing right-of-way permitting and will bring forward two Interlocal Agreements for Council consideration. The first will be specific to the permitting of the
crossing over Crab Creek. The City needs to take the lead due to it being in the City’s jurisdiction. The second agreement will be related to overall permitting for the project and the franchise that will need to be developed.
CONSENT AGENDA #1 a. City Council meeting minutes dated December 14, 2021 b. Claim ACH and Checks 91-103 and 154460 – 154865 in the amount of $4,649,277.23; Payroll Checks 64163 through 64170 in the amount of $2,296.79; Payroll checks 64171-64187 in the amount of $5,176.23; Payroll Checks 64162 &
64172-75 were voided; and Electronic Payments dated December 24, 2021, in the
amount of $488,336.37 and Electronic Payments dated January 7, 2022, in the amount of $460,951.82.
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pg. 3
c. Marina View PURD Amendment Ordinance 2998 d. Salary Schedule Budget Supplement e. Set Public Hearing for Blanchet Rd. ROW Vacation Resolution 3875
f. Temporary Suspension of Water Shutoff Resolution 3876 g. Accept Right of Way Quit Claim Deed Resolution 3877 h. WSIPC Purchasing Cooperative Interlocal Agreement i. Legislative Letter of Support for Park Board j. RH2 Engineering Electrical Contract Extension
k. Accept The Greens Phase 2 Planned Development District l. Accept Seal Coat Project 2020 m. Accept Burr Avenue Project 2021 Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second
by Council Member Fancher. The motion carried 7 – 0. OLD BUSINESS #2 Jake Jacobsen dba Hayboy Farms Lease Renewal
Jake Jacobsen, dba Hayboy Farms, has been leasing 28 acres to complete a full hay circle adjacent to the three-quarter circle he currently farms. A legal review found that the spreading of water onto City property would constitute a Department of Ecology (DOE) “water spreading” violation and the City property does not have enough water rights to provide for the proposed agricultural lease agreement.
Action taken: Council Member Eck moved to deny the lease renewal as presented, second by
Deputy Mayor Myers. The motion carried 7 – 0. #3 Airport Fuel Storage Rebid Results Staff opened four bids for the Municipal Airport Fuel Storage Project on January 6, 2022,
with an apparent low bid is $365,335.10. The Engineer’s Estimate is $346,917.94. Due to
a lack of funding in the Airport Budget, staff is requesting all bids be rejected. After receiving comments from Municipal Airport Board Member Darrin Jackson and Jim Wilson from Crosswinds Aviation, Council requested staff bring back a report on the future plans for operations at the airport and disposition of CERB loan.
Action taken: Deputy Mayor Myers moved to reject all bids as presented, second by Council Member Eck. The motion carried 7 – 0.
Action taken: Council Member Eck moved to proceed with getting quotes for a used fuel cell
system and store for use in the future, second by Mayor Hankins. The motion failed 2-5. Deputy Mayor Myers and Council Members Swartz, Martinez, Madewell, and Fancher were opposed.
NEW BUSINESS
#4 Council Committee Assignments Council made selections for the 2022 committee assignments.
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pg. 4
Action taken: Council Member Fancher moved to approve the selections with one change of adding Council Member Swartz to the Community Development, Municipal Services and Parks Committee and having Council Member Eck as the alternate, as presented, second by Deputy
Mayor Myers. The motion carried 7 – 0. ADMINISTRATIVE REPORTS
Martin Luther King, Jr Activities Chief Fuhr advised that there will be a march at 1:00 pm from McCosh Park to Immanuel
Lutheran Church where there will be a service in remembrance of Martin Luther King, Jr.
Snow Removal Efforts Municipal Services Director Dave Bren handed out a map with color coding for plowing of priority streets and gave a brief explanation of the policy that was adopted in November.
Community Development Project List
An updated list of Comm Dev projects was provided in the meeting packet.
Hearing Examiner Annual Report The Annual Report from the Hearing Examiner was included in the meeting packet.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Madewell asked several questions about various projects that were answered by Municipal Services Director Dave Bren and City Manager Allison Williams. Council Member Swartz thanked the citizens who voted him into office.
Council Member Martinez thanked Chief Fuhr for taking her on a tour of the Police Station to see why the remodel is so needed. Council Member Fancher also thanked citizens for electing him. He asked about the
Comprehensive Plan update on the application process. City Manager Williams provided that the due date is March 31 and that staff is diligently working towards that due date. Mayor Hankins said he was honored to be the next Mayor. ADJOURNMENT
The regular meeting was adjourned at 8:33 p.m.
______________________________________
Dean Hankins, Mayor ATTEST____________________________________
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pg. 5
Debbie Burke, City Clerk
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To: Allison Williams, City Manager
From: Wendy Parks, Accounting Manager
Council Meeting Date: January 25, 2022
Proceeding Type: Consent Agenda
Subject: Disbursement Report since January 11, 2022, Council Meeting
The following amounts were budgeted and sufficient funds were available to cover these payments:
Electronic Transfers 104 – 111 $788,608.63 Checks 154866 - 154954 $640,595.92 Payroll Checks 0064196 – 0064202* $2,812.38 Electronic Payments Payroll ACH – 01/21/2022 $495,489.24 *Payroll Checks 0064188-0064195 were voided
Summary
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place.
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STAFF REPORT
To: Allison Williams, City Manager
From: Lee Creiglow, Interim Community Development Director
Date: January 20, 2022
Proceeding Type: Consent Agenda
Subject: Interim Controls Small Wireless Facilities Extension
Ordinance 2999
Overview
On June 23, 2020, City Council adopted Interim Controls establishing specific rules permitting small cell
wireless facilities. On July 27, 2021, City Council held a public hearing and extended the interim controls for a
six-month period. City staff is requesting another six-month extension of the Interim Ordinance.
The City has recently updated and adopted its Comprehensive Land Use Plan and is now in the process of a
complete update of the land development code. The development code update will include a full public
review process through the Planning Commission, and review and adoption by City Council. It is expected that
the final controls for small wireless facilities will be reviewed and included in the new development code
update.
The City has not received any applications for new small cell wireless facilities since the interim controls were
adopted. The impact of extending the interim controls will be minimal.
This Ordinance adopted interim regulations regarding small wireless facilities and wireless communication
eligible facilities requests in order to comply with federal law and Federal Communication Commission (FCC)
declaratory rulings, entering findings in support of adopting interim regulations, establishing a work program
for permanent regulations, and declaring an emergency.
In September 2018, the FCC adopted a declaratory Ruling and Order that substantially preempts the City's
authority on the siting of small wireless facilities (also known as "small cell facilities") and set specific rules for
small cell permitting. This ruling affects small cell facilities in the public rights-of-way and private properties
and went into effect in 2019.
Some impacts of the FCC Order related to small wireless facilities include a shortened period of time in which
the City has to process franchise agreements and right-of-way use permits, limits on City permit applications
fees, and limits on the City's ability to regulate design requirements.
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: N-A
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
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After reviewing the Municipal Code, it was necessary to amend the City's regulations to comply with the FCC
Order in these and other areas. Given that 5G deployment has reached Moses Lake, it was necessary to adopt
interim regulations so the City can process applications in compliance with federal statutes and the FCC Order.
The extension of the Interim Ordinance will be in effect for six months, pursuant to RCW 36.70A.390. In
addition, State law requires the City Council to conduct a public hearing on this interim ordinance within 60
days of adoption. March 22, 2022 is the recommended date for this mandatory hearing.
The interim ordinance was based on a model set of design standards and permitting procedures being utilized
by a number of Washington cities.
Fiscal and Policy Implications
The City controls the installation of many of these facilities through leases. The leases are in need of
updating to be in compliance with FCC regulations, including making sure our fees/leases are in line with
their recommendations. In some cases, it may mean a reduction in lease revenue.
Council Packet Attachments
A. Adopted Ordinance 2978
B. Draft Ordinance 2999 – to be supplemented at end of meeting packet prior to meeting
Finance Committee Review N-A
Legal Review
Type of Document Title of Document Date Reviewed
Ordinance Interim Controls Small
Wireless Facilities Extension
Options
Option Results
• Adopt as presented Staff will have guidance for processing small cell
facility applications or requests for eligible
facilities.
• Provide staff with changes
• Take no action Staff will not have guidance for processing small
cell facility applications or requests for eligible
facilities to be in compliance with federal
regulations.
Action Requested
Staff recommends Council consider adopting the Ordinance to extend the effectiveness of the interim controls
for small cell wireless facilities for six months as presented.
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ORDINANCE NO. 2978
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO
WIRELESS COMMUNICATION FACILITIES, ADOPTING INTERIM LAND USE
REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND
RCW 36.70A.390 FOR WIRELESS COMMUNICATION FACILITIES, DECLARING AN
EMERGENCY, ADOPTING FINDINGS OF FACT, AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, in 1934, Congress enacted the Communications Act of 1934, creating the FCC and granting
it authority over common carriers engaged in the provision of interstate or foreign communications services;
and
WHEREAS, in 1996 Congress enacted Pub. L. No. 104-104, 110 Stat. 70 (the “1996 Act”), amending the
Communications Act of 1934 and implementing regulations applicable to both wireless and wireline
communications facilities for the purpose of removal of barriers to entry into the telecommunications market
while preserving local government zoning authority except where specifically limited under the 1996 Act;
and
WHEREAS, in the 1996 Act, Congress imposed substantive and procedural limitations on the traditional
authority of state and local governments to regulate the location, construction, and modification of wireless
facilities and incorporated those limitations into the Communications Act of 1934; and
WHEREAS, in 2012 Congress passed the “Middle Class Tax Relief and Job Creation Act of 2012” (the
“Spectrum Act”) (PL-112-96; codified at 47 U.S.C. § 1455(a)); and
WHEREAS, Section 6409 (hereafter “Section 6409”) of the Spectrum Act implements additional substantive
and procedural limitations upon state and local government authority to regulate modification of existing
wireless antenna support structures and base stations; and
WHEREAS, Congress through its enactment of Section 6409 of the Spectrum Act, has mandated that local
governments approve, and cannot deny, an application requesting modification of an existing tower or base
station if such modification does not substantially change the physical dimensions of such tower or base
station; and
WHEREAS, on October 21, 2014, the FCC issued its report and order, WT Docket Nos. 13-238, 13-32;
WC Docket No. 11-59; FCC 14-153, in the above described proceeding (the “Report and Order” or “Order”)
clarifying and implementing statutory requirements related to state and local government review of
infrastructure siting, including Section 6409, with the intent of facilitating and expediting the deployment of
equipment and infrastructure to meet the demand for wireless capacity; and
WHEREAS, the Order, among other things, defines key terms utilized in Section 6409, establishes
application requirements limiting the information that can be required from an applicant, implements a 60
shot clock and tolling provisions, establishes a deemed approved remedy for applications not timely
responded to, requires cities to approve a project permit application requesting modification of an existing
tower or base station that does not substantially change the physical dimensions of such tower or base
station, and establishes development standards that govern such proposed modifications; and
WHEREAS, the City Council finds that it is required under Section 6409 of the Spectrum Act and the Eligible
Facility Request Rules established in the Order, to adopt and implement local development and zoning
regulations that are consistent with Section 6409 and the Order; and
WHEREAS, the FCC recently adopted the Declaratory Ruling, Order and Regulation 18-133, which
imposes limitations on local municipalities including related to review processing timelines and aesthetic
requirements for small cell facilities; and
WHEREAS, the City Council finds that the proposed interim development and zoning regulations are
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reasonable and necessary in order bring the City’s development regulations into compliance with the
mandate imposed upon the City by Congress pursuant to Section 6409 and the regulations imposed upon
the City by the FCC pursuant to its Reports and Orders, and are therefore in the public interest;
WHEREAS, Chapter 18.78 MLMC, Personal Wireless Service Facilities, currently governs the City’s
regulation of wireless communication facilities; and
WHEREAS, some of the existing city regulations for wireless communication facilities are more than fifteen
years old and federal laws, regulations, court decisions, wireless technology and consumer usage have
reshaped the environment within which Wireless Communications Facilities, are permitted and regulated;
and
WHEREAS, the potential conflict between the City’s existing land use review process for wireless
communications facilities and the preemptive federal review requirements for wireless communications
facilities create a time sensitive emergency requiring the adoption of an interim zoning ordinance; and
WHEREAS, the City is authorized to impose interim land use controls for up to one (l) year if a work plan
is developed for related studies providing for such longer periods pursuant to RCW 35A.63.220 and RCW
36.704.390; and
WHEREAS, a public hearing on these interim regulations was held before ordinance adoption, pursuant to
RCW 35A.63.220 and RCW 36.70A.390.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as
Findings of Fact of the City Council.
Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing
is held and evidence presented to the City Council.
Section 3. Notwithstanding the provisions of MLMC 18.78.030, Small Wireless Facilities and Eligible
Facilities Requests shall be regulated through this Ordinance and not Chapter 18.78 MLMC.
Section 4. This purpose of this ordinance is to:
A. Establish clear regulations for the siting and design of Wireless Communication Facilities (WCFs)
consistent with state and federal regulations;
B. Promote the health, safety, and general welfare of the Moses Lake community by regulating the
siting of WCFs;
C. Minimize visual, safety, aesthetic, and environmental impacts of WCFs on surrounding areas by
establishing standards for location, structural integrity, and compatibility;
D. Encourage the location and collocation of communications equipment on existing structures; and
E. Accommodate the growing need and demand for communication services.
Section 5. The following new Section is hereby adopted:
Definitions.
A. “Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet, or other
communications through the sending and/or receiving of radio frequency signals including, but not
limited to, equipment attached to a tower, utility pole, building, or other structure for the purpose of
providing wireless services.
B. “Co-location” means (1) mounting or installing an antenna facility on a pre-existing structure or (2)
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modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
Provided that, for purposes of Eligible Facilities Requests, “collocation” means the mounting or
installation of transmission equipment on an eligible support structure for the purpose of
transmitting or receiving radio frequency signals for communications purposes.
C. “Macro facility” means is a large wireless communication facility that provides radio frequency
coverage for a cellular telephone network. Generally, macro cell antennas are mounted on ground-
based towers, rooftops, and other existing structures, at a height that provides a clear view over
the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater
than three cubic feet per antenna and typically cover large geographic areas with relatively high
capacity and may be capable of hosting multiple wireless service providers.
D. “Small wireless facility” has the same meaning as defined in 47 CFR § 1.6002.
E. “Structure” means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of wireless communication service
(whether on its own or comingled with other types of services).
F. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services included, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
G. “Unified enclosure” means a small wireless facility providing concealment of antennas and
equipment within a single enclosure.
H. “Utility pole” means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian
paths.
Section 6. The following new Section is hereby adopted:
Small Wireless General Provisions.
A. Small wireless facilities shall not be considered nor regulated as essential public facilities.
B. Small wireless facilities located outside of the public rights-of-way may be either a primary or a
secondary use. A different use of an existing structure on the same lot shall not preclude the
installation of a small wireless facility.
C. Small wireless facilities located within the public right-of-way pursuant to a valid franchise are
outright permitted uses in every zone of the City but still require a small wireless facility permit
pursuant to this ordinance.
Section 7. The following new Section is hereby adopted:
Small Wireless Deployment.
A. Overview. In order to manage its rights-of-way in a thoughtful manner which balances the need to
accommodate new and evolving technologies with the preservation of the natural and aesthetic
environment of the City, the City of Moses Lake has adopted this administrative process for the
deployment of small wireless facilities. The City and applicant for a franchise and other permits
associated with the deployment of small wireless facilities face challenges in coordinating
applicable legislative and administrative processes under the Federal Communications
Commission (FCC) regulations. A franchise for the use of the City’s right-of-way is a contract which
requires approval by the City Council. The small wireless permits are issued by the Municipal
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Services Director, or his/her designee. Applicants are encouraged and expected to provide all
related applications in one submittal, unless they have already obtained a franchise.
B. Application Process. The Municipal Services Director, or his/her designee, is authorized to
establish franchise and other application forms to gather the information required by these
ordinances from applicants and to determine the completeness of the application process as
provided herein. The application shall include Parts A, B, and C as described in this subsection
below.
1. Franchise. The process typically begins with and depends upon approval of a franchise for the
use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s
facilities is to be located in the right-of-way. A complete application for a franchise is designated
as Part A. An applicant with a franchise for the deployment of small wireless facilities in the
City may proceed to directly apply for a small wireless facility permit and related approvals
(Parts B and C). An applicant at its option may utilize phased development. Because franchises
are required by federal law to be competitively neutral, the City has established a franchise
format for use by all right-of-way users.
2. Small Wireless Facility Permits. Part B of the application requires specification of the small
wireless facility components and locations as further required in the small wireless permit
application described in Section 8 of this Ordinance.
3. Associated Permit(s). Part C of the application shall attach all associated permits requirements
such as applications or check lists required under the Critical Areas, Shoreline Management
Plan, or SEPA ordinances. Applicants for deployment of new small wireless poles shall comply
with the requirements in this Chapter.
4. Leases. An applicant who desires to attach a small wireless facility any utility pole or light
owned by the City shall include an application for a lease as a component of its application.
The City Manager, or his/her designee, is authorized to approve leases in the form approved
for general use by the City Council for any utility pole or light pole in the right-of-way. Leases
for the use of other public property, structures, or facilities shall be submitted to the City Council
for approval.
Section 8. The following new Section is hereby adopted:
Small Wireless Permit Application.
The following information shall be provided by all applicants for a small wireless permit:
A. The application shall provide specific locational information including GIS coordinates of all
proposed small wireless facilities and specify where the small wireless facilities will utilize existing,
replacement, or new poles, towers, existing buildings, or other structures. Ground-mounted
equipment, conduit, junction boxes, and fiber and electrical connections necessary for and intended
for use in the deployment shall also be specified regardless of whether the additional facilities are
to be constructed by the applicant or leased from a third party. Detailed schematics and visual
renderings of the small wireless facilities, including engineering and design standards, shall be
provided by the applicant. The application shall have sufficient detail to identify:
1. Thelocationof overhead and underground public utility, telecommunication, cable, water,
sewer drainage, and other lines and equipment in the rights-of-way along the proposed route;
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2. The specific structures, improvements, facilities, lines and equipment, and obstructions, if any,
that applicant proposes to temporarily or permanently remove or relocate and a plan for
protecting, replacing, and restoring any areas to be disturbed during construction.
3. Compliance with the aesthetic requirements of this Chapter.
B. The applicant must show written approval from the owner of any pole or structure for the installation
of its small wireless facilities on such pole or structure. Such written approval shall include approval
of the specific pole, engineering and design standards, as well as assurances that the specific pole
can withstand wind and seismic loads, from the pole owner, unless the pole owner is the City.
Submission of the lease agreement between the owner and the applicant is not required. For city-
owned poles or structures, the applicant must obtain a lease from the City prior to or concurrent
with the small wireless permit application and must submit as part of the application the information
required in the lease for the City to evaluate the usage of a specific pole.
C. The applicant can batch multiple small wireless facility sites in one application. The applicant is
encouraged to batch the small wireless facility sites within an application in a contiguous service
area.
D. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned
for residential use shall demonstrate that it has considered the following:
1. Whether a small wireless facility is currently installed on an existing pole in front of the same
residential parcel. If a small wireless facility exists, then the applicant must demonstrate that
no technically feasible alternative location exists which is not in front of the same residential
parcel.
2. Whether the proposed small wireless facility can be screened from residential view by choosing
a pole location that is not directly in front of a window or views.
E. Any application for a small wireless permit which contains an element which is not exempt from
SEPA review shall simultaneously apply under Chapter 43.21C RCW and Chapter 16A.23 SMC.
Further, any application proposing small wireless facilities in the Shoreline jurisdiction (pursuant to
Chapter 19.06 MLMC) or in Critical Areas (pursuant to Chapter 19.03 MLMC) must indicate that
the application is exempt or comply with the review processes in such codes.
F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of the
proposed project affirming that the small wireless facilities will be compliant with all FCC and other
governmental regulations in connection with human exposure to radio frequency emissions for
every frequency at which the Small Wireless facility will operate. If facilities which generate RF
radiation necessary to the Small Wireless facility are to be provided by a third party, then the small
wireless permit shall be conditioned on an RF Certification showing the cumulative impact of the
RF emissions on the entire installation. The applicant may provide one emissions report for the
entire small wireless deployment if the applicant is using the same small wireless facility
configuration for all installations within that batch or may submit one emissions report for each
subgroup installation identified in the batch.
G. The applicant shall provide proof of FCC and other regulatory approvals required to provide the
service(s) or utilize the technologies sought to be installed.
H. A professional engineer licensed by the State of Washington shall certify in writing, over his or her
seal, that both construction plans and final construction of the small wireless facilities and structure
or pole and foundation are designed to reasonably withstand wind and seismic loads as established
by the International Building Code. Further, the construction drawings shall depict all existing
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proposed improvements related to the proposed location, including but not limited to poles,
driveways, ADA ramps, equipment cabinets, street trees, and structures within 250 feet from the
proposed site. The construction drawings shall also include the applicant’s plan for electric and
fiber utilities, all conduits, cables, wires, handholds, junctions, meters, disconnect switches and any
other ancillary equipment or construction necessary to construct the small wireless facility.
I. A traffic control plan.
J. The small wireless facilities permit shall include those elements that are typically contained in the
right-of-way use permit to allow the applicant to proceed with the build-out of the small wireless
facility deployment.
K. Recognizing that small wireless facility technology is rapidly evolving, the Municipal Services
Director, or his/her designee, is authorized to adopt and publish standards for the technological
and structural safety of City-owned structures and to formulate and publish application questions
for use when an applicant seeks to attach to City owned structures.
Section 9. The following new Section is hereby adopted:
Small Wireless Review Process.
A. Review. The following provisions relate to review of applications for a small wireless facility permit.
1. Only complete applications for a small wireless permit containing all required submission
elements described in Section 8 of this ordinance shall be considered by the City. Incomplete
applications that are not made complete by the applicant within sixty (60) days of initial
submission of the application materials shall be deemed withdrawn.
2. In any zone, upon application for a small wireless permit, the City will permit small wireless
deployment on existing or replacement utility poles conforming to the City’s generally
applicable development and design standards of this Chapter, except as provided in subsection
B below.
3. Vertical clearance shall be reviewed by the Municipal Services Director, or his/her designee,
to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-
ways.
4. Small wireless facilities may not encroach onto or over private property or property outside of
the right-of-way without the property owner’s express written consent.
5. The City shall make every reasonable effort, consistent with any applicable provisions of state
or federal law, and the preservation of the City’s health, safety, and aesthetic environment, to
comply with the Federal presumptively reasonable time periods for review of facilities for the
deployment of small wireless facilities to the fullest extent possible.
B. Eligible Facilities Requests. The design approved in a small wireless facility permit shall be
considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in Section 16 of this ordinance when the modification does not defeat
the concealment elements of the small wireless facility.
C. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by
the provisions of 47 USC §253 and 47 USC §332 and other applicable statutes, regulations and
case law. Applicants for franchises and the small wireless facility permits shall be treated in a
competitively neutral and non-discriminatory manner with other service providers, utilizing
supporting infrastructure which is functionally equivalent, that is, service providers whose facilities
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are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility
permit review under this ordinance shall neither prohibit nor have the effect of prohibiting the ability
of an applicant to provide telecommunications services.
D. Final Decision. Any decision by the Municipal Services Director, or his/her designee, shall be final
and not be subject to administrative appeals.
E. Withdrawal. Any applicant may withdraw an application submitted pursuant to Section 8 of this
ordinance at any time, provided the withdrawal is in writing and signed by all persons who signed
the original application or their successors in interest. When a withdrawal is received, the
application shall be deemed null and void. If such withdrawal occurs prior to the Municipal Services
Director’s, or his/her designee’s, decision, then reimbursement of fees submitted in association
with said application shall be prorated to withhold the amount of City costs incurred in processing
the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the
Municipal Services Director ‘s, or his/her designee’s, decision , there shall be no refund of all or
any portion of such fee.
Section 10. The following new Section is hereby adopted:
Small Wireless Permit Requirements.
A. The grantee of any permit shall comply with all of the requirements within the small wireless permit.
B. Small wireless facilities installed pursuant to a small wireless facility permit may proceed to install
the approved small wireless facilities without the need for an additional right-of-way use permit if
construction is commenced within thirty (30) days of approval by providing email or written notice
to the Municipal Services Director, or his/her designee. Facilities approved in a small wireless
permit in which installation has not commenced within thirty (30) days of the approval of a small
wireless facility permit shall apply for and be issued a right-of-way use permit to install such small
wireless facilities in accordance with the standard requirements of the City for use of the right-of-
way.
C. Post-Construction As-Builts. Within thirty (30) days after construction of the small wireless facility,
the grantee shall provide the City with as-builts of the small wireless facilities demonstrating
compliance with the permit and site photographs.
D. Permit Time Limit. Construction of the small wireless facility must be completed within six (6)
months after the approval date by the City. The grantee may request one (1) extension to be limited
to three (3) months, if the applicant cannot construct the small wireless facility within the original
six (6) month period.
E. Site Safety and Maintenance. The grantee must maintain the small wireless facilities in safe and
working condition. The grantee shall be responsible for the removal of any graffiti or other
vandalism and shall keep the site neat and orderly, including but not limited to following any
maintenance or modifications on the site.
Section 11. The following new Section is hereby adopted:
Modifications to Small Wireless Facilities.
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Moses Lake Council Packet 1-25-22, Page 26 of 210
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A. If a grantee desires to make a modification to an existing small wireless facility, including but not
limited to expanding or changing the antenna type, increasing the equipment enclosure, placing
additional pole-mounted or ground-mounted equipment, or modifying the concealment elements,
then the applicant shall apply for a small wireless facility permit.
B. A small wireless facility permit shall not be required for routine maintenance and repair of a small
wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar
size, weight, and height, provided that such replacement does not defeat the concealment elements
used in the original deployment of the small wireless facility, does not impact the structural integrity
of the pole, and does not require pole replacement. Further, a small wireless facility permit shall
not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber
or power to the small wireless facility. Right- of-way use permits may be required for such routine
maintenance, repair, or replacement consistent with Chapter 12.16 MLMC.
Section 12. The following new Section is hereby adopted:
Small Wireless Consolidated Permit.
A. The issuance of a small wireless permit grants authority to construct small wireless facilities in the
rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need
to seek duplicative approval by both the public works and the community and economic
development departments. If the applicant requires a new franchise to utilize the right-of-way, the
franchise approval may be consolidated with the small wireless facility permit review if requested
by the applicant. As an exercise of police powers pursuant to RCW 35.99.040(2), the small wireless
facility permit is not a right-of-way use permit, but instead a consolidated public works and land use
permit and the issuance of a small wireless facility permit shall be governed by the time limits
established by federal law for small wireless facilities.
B. The general standards applicable to the use of the rights-of-way described in Chapter 12.16 MLMC
shall apply to all small wireless facility permits.
Section 13. The following new Section is hereby adopted:
Small Wireless Fees and Other Costs.
A. Application and Review Fee. Any applicant for a franchise pursuant to this ordinance shall pay an
application and review fee or fee deposit in an amount as determined by the City Council. This
application and review fee covers the actual costs associated with the City’s initial review of the
application; provided, however, that the applicant shall also be required to pay all necessary permit
fees. This application and review fee shall be deposited with the City as part of the application filed
pursuant to this ordinance.
B. Other City Costs. All grantees shall, within 30 days after written demand therefor, reimburse the
City for all direct and actual costs and expenses incurred by the City in connection with any grant,
modification, amendment, renewal, or transfer of any franchise.
C. Permit Fee. Prior to issuance of a right-of-way permit or small wireless facility permit, the applicant
shall pay a permit fee in an amount as determined by the City Council, or the actual costs incurred
by the City in reviewing such permit application.
Section 14. The following new Section is hereby adopted:
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Design and Concealment Standards for Small Wireless Deployments. Small wireless facility
deployments whether permitted in the right-of way under a franchise agreement or permitted in
accordance with this chapter shall conform to the following design standards:
A. Small wireless facilities attached to existing or replacement non-wooden light poles and other non-
wooden poles in the right-of-way or non-wooden poles outside of the right-of-way shall conform to
the following design criteria:
1. Antennas and the associated equipment enclosures (including disconnect switches and other
appurtenant devices) shall be fully concealed within the pole, unless such concealment is
otherwise technically infeasible, or is incompatible with the pole design, then the antennas and
associated equipment enclosures must be camouflaged to appear as an integral part of the
pole or flush mounted to the pole, meaning no more than six (6) inches off of the pole, and
must be the minimum size necessary for the intended purpose, not to exceed the volumetric
dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior
of the pole, the applicant is required to place the equipment enclosure behind any banners or
road signs that may be on the pole, provided that such location does not interfere with the
operation of the banners or signs.
2. The furthest point of any antenna or equipment enclosure may not extend more than twenty
(20) inches from the face of the pole.
3. All conduit, cables, wires, and fiber must be routed internally in the non-wooden pole. Full
concealment of all conduit, cables, wires, and fiber is required within mounting brackets,
shrouds, canisters, or sleeves if attaching to exterior antennas or equipment.
4. An antenna on top of an existing pole may not extend more than six (6) feet above the height
of the existing pole and the diameter may not exceed sixteen (16) inches, measured at the top
of the pole, unless the applicant can demonstrate that more space is needed. The antennas
shall be integrated into the pole design so that it appears as a continuation of the original pole,
including colored or painted to match the pole, and shall be shrouded or screened to blend with
the pole except for canister antennas which shall not require screening. All cabling and
mounting hardware or brackets from the bottom of the antenna to the top of the pole shall be
fully concealed and integrated with the pole.
5. Any replacement pole shall substantially conform to the design of the pole it is replacing or the
neighboring pole design standards utilized within the contiguous right-of-way.
6. The height of any replacement pole may not extend more than ten (10) feet· above the height
of the existing pole or the minimum additional height necessary; provided that the height of the
replacement pole cannot be extended further by additional antenna height.
7. The diameter of a replacement pole shall comply with the City’s setback and sidewalk
clearance requirements and shall, to the extent technically feasible, not be more than a 25%
increase of the existing non-wooden pole measured at the base of the pole, unless additional
diameter is needed in order to conceal equipment within the base of the pole, and shall comply
with the requirements in subsection E(4) of this Section.
8. The use of the pole for the siting of a small wireless facility shall be considered secondary to
the primary function of the pole. If the primary function of a pole serving as the host site for a
small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose
of accommodating the small wireless facility and the small wireless facility and all associated
equipment shall be removed.
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Moses Lake Council Packet 1-25-22, Page 28 of 210
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B. Wooden pole design standards. Small wireless facilities located on wooden poles shall conform to
the following design criteria:
1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose
of accommodating a small wireless facility; provided, that the replacement pole shall not exceed
a height that is a maximum of ten (10) feet taller than the existing pole, unless a further height
increase is required and confirmed in writing by the pole owner and that such height extension
is the minimum extension possible to provide sufficient separation and/or clearance from
electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not increase the
height of the existing pole by more than ten (10) feet, unless a further height increase is
required and confirmed in writing by the pole owner and that such height increase is the
minimum extension possible to provide sufficient separation or clearance from electrical and
wireline facilities. A “pole extender” as used herein is an object affixed between the pole and
the antenna for the purpose of increasing the height of the antenna above the pole. The pole
extender shall be painted to approximately match the color of the pole and shall substantially
match the diameter of the pole measured at the top of the pole.
3. Replacement wooden poles must either match the approximate color and materials of the
replaced pole or shall be the standard new wooden pole used by the pole owner in the City.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit shall be
colored or painted to match the approximate color of the surface of the wooden pole on which
they are attached.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of the wooden
pole.
6. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple
antennas are permitted on a wooden pole provided that each antenna enclosure shall not be
more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing wooden pole, which may not exceed
the height requirements described in subsection B(1) above. A canister antenna mounted on
the top of a wooden pole shall not exceed sixteen (16) inches, measured at the top of the pole,
and shall be colored or painted to match the pole. The canister antenna must be placed to look
as if it is an extension of the pole. In the alternative, the applicant may propose a side mounted
canister antenna, so long as the inside edge of the antenna is no more than twelve (12) inches
from the surface of the wooden pole. All cables shall be concealed either within the canister
antenna or within a sleeve between the antenna and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more than twenty
(20) inches from the face of the pole.
9. An omni-directional antenna may be mounted on the top of an existing wooden pole, provided
such antenna is no more than four (4) feet in height and is mounted directly on the top of a pole
or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole
as technically feasible. All cables shall be concealed within the sleeve between the bottom of
the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios, cables,
associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not
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be mounted more than six (6) inches from the surface of the pole, unless a further distance is
technically required, and is confirmed in writing by the pole owner.
11. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise
permitted to be ground-mounted pursuant to subsection of the Section. The equipment must
be placed in the smallest enclosure possible for the intended purpose. The equipment
enclosure and all other wireless equipment associated with the utility pole, including wireless
equipment associated with the antenna and any pre-existing associated equipment on the pole,
may not exceed twenty-eight (28) cubic feet. Multiple equipment enclosures may be acceptable
if designed to more closely integrate with the pole design and does not cumulatively exceed
twenty-eight (28) cubic feet. The applicant is encouraged to place the equipment enclosure
behind any banners or road signs that may be on the pole, provided that such location does
not interfere with the operation of the banners or signs.
12. An applicant who desires to enclose both its antennas and equipment within one unified
enclosure may do so, provided that such enclosure is the minimum size necessary for its
intended purpose and the enclosure and all other wireless equipment associated with the pole,
including wireless equipment associated with the antenna and any pre-exiting associated
equipment on the pole does not exceed twenty-eight (28) cubic feet. The unified enclosure may
not be placed more than six (6) inches from the surface of the pole, unless a further distance
is required and confirmed in writing by the pole owner. To the extent possible, the unified
enclosure shall be placed so as to appear as an integrated part of the pole or behind banners
or signs, provided that such location does not interfere with the operation of the banners or
signs.
13. The visual effect of the small wireless facility on all other aspects of the appearance of the
wooden pole shall be minimized to the greatest extent possible.
14. The use of the wooden pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving as the
host site for a small wireless facility becomes unnecessary, the pole shall not be retained for
the sole purpose of accommodating the small wireless facility and the small wireless facility
and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and sidewalk
clearance requirements and shall not be more than a 25% increase of the existing utility pole
measured at the base of the pole.
16. All cables and wires shall be routed through conduit along the outside of the pole. The outside
conduit shall be colored or painted to match the pole. The number of conduit shall be minimized
to the number technically necessary to accommodate the small wireless.
C. Small wireless facilities attached to existing buildings, shall conform to the following design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas do not
interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is discouraged.
3. New architectural features such as columns, pilasters, corbels, or other ornamentation that
conceal antennas may be used if it complements the architecture of the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to
provide the smallest offset from the building.
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5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal
mounting hardware, create a cleaner appearance, and minimize the visual impact of the
antennas. Exposed cabling/wiring is prohibited.
6. Small wireless facilities shall be painted and textured to match the adjacent building surfaces.
D. Small wireless facilities mounted on cables strung between existing utility poles shall conform to
the following standards.
1. Each strand mounted facility shall not exceed three (3) cubic feet in volume;
2. Only one strand mounted facility is permitted per cable between any two existing poles;
3. The strand mounted devices shall be placed as close as possible to the nearest utility pole, in
no event more than five (5) feet from the pole unless a greater instance technically necessary
or is required by the pole owner for safety clearance;
4. No strand mounted device shall be located in or above the portion of the roadway open to
vehicular traffic;
5. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except
when placed in pre-existing equipment cabinets; and
6. Pole mounted equipment shall comply with the requirements of subsections A and B of this
Section.
7. Such strand mounted devices must be installed to cause the least visual impact and without
excess exterior cabling or wires (other than the original strand).
8. Strand mounted facilities are prohibited on non-wooden poles.
E. General Requirements.
1. Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed
underground or the applicant can demonstrate that pole mounted or undergrounded equipment
is technically infeasible. If ground-mounted equipment is necessary, then the applicant shall
submit a concealment element plan.Generators located in the rights-of-way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter 173-60 WAC.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could
be a prohibition or effective prohibition of the applicant’s ability to provide telecommunications
service in violation of 47 USC §§ 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA),
City construction and sidewalk clearance standards, city ordinance, and state and federal laws
and regulations in order to provide a clear and safe passage within the rights-of-way. Further,
the location of any replacement or new pole must: be physically possible, comply with
applicable traffic signal warrants, not interfere with utility or safety fixtures (e.g., fire hydrants,
traffic control devices), and not adversely affect the public welfare, health or safety.
5. Replacement poles shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
6. No signage, message, or identification other than the manufacturer’s identification or
identification required by governing law is allowed to be portrayed on any antenna or equipment
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enclosure. Any permitted signage shall be located on the equipment enclosures and be of the
minimum amount possible to achieve the intended purpose (no larger than 4x6 inches);
provided that, signs are permitted as concealment element techniques where appropriate.
7. Antennas and related equipment shall not be illuminated except for security reasons, required
by a federal or state authority, or unless approved as part of a concealment element plan.
8. Side arm mounts for antennas or equipment must be the minimum extension necessary and
for wooden poles may be no more than twelve (12) inches off the pole and for non-wooden
poles no more than six (6) inches off the pole.
9. The preferred location of a small wireless facility on a pole is the location with the least visible
impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit, and cable shall not
dominate the structure or pole upon which they are attached.
11. Except for locations in the right-of-way, small wireless facilities are not permitted on any
property containing a residential use in the residential zones.
12. The City may consider the cumulative visual effects of small wireless facilities mounted on
poles within the rights-of-way in when assessing proposed siting locations so as to not
adversely affect the visual character of the City. This provision shall not be applied to limit the
number of permits issued when no alternative sites are reasonably available nor to impose a
technological requirement on the applicant.
13. These design standards are intended to be used solely for the purpose of concealment and
siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a
particular technology. When strict application of these requirements would unreasonably impair
the function of the technology chosen by the applicant, alternative forms of concealment or
deployment may be permitted which provide similar or greater protections from negative visual
impacts to the streetscape.
Section 15. The following new Section is hereby adopted:
New Poles in the Rights-of-Way for Small Wireless Facilities.
A. New poles, as compared to replacement poles, within the rights-of-way are only permitted if the
applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole or light pole,
electrical transmission tower or on a site outside of the public rights-of-way such as a public
park, public property, building, transmission tower, or in or on a non-residential use in a
residential zone whether by roof or panel-mount or separate structure;
2. The proposed small wireless facility receives approval for a concealment element design, as
described in subsection C of this Section;
3. The proposed small wireless facility also complies with the City’s Shoreline Master Program,
Title 19 MLMC, and SEPA, Title 14 MLMC, if applicable; and
4. No new poles shall be located in a critical area or associated buffer required by the City’s
Critical Areas Ordinance (Chapter 19.03 MLMC), except when determined to be exempt
pursuant to said ordinance.
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B. The Municipal Services Director or his/her designee may approve, approve, with conditions, or
deny an application for a new pole without notice and his or her decision shall be final on the date
issued.
C. The concealment element design shall include the design of the screening, fencing, or other
concealment technology for a tower, pole, or equipment structure, and all related transmission
equipment or facilities associated with the proposed small wireless facility, including but not limited
to fiber and power connections.
1. The concealment element design should seek to minimize the visual obtrusiveness of the small
wireless facility. The proposed pole or structure should have similar designs to existing
neighboring poles in the rights-of-way, including similar height to the extent technically feasible.
Any concealment element design for a small wireless facility on a decorative pole should
attempt to mimic the design of such pole and integrate the small wireless facility into the design
of the decorative pole. Other concealment methods include, but are not limited to, integrating
the installation with architectural features or building design components, utilization of
coverings or concealment devices of similar material, color, and texture - or the appearance
thereof - as the surface against which the installation will be seen or on which it will be installed,
landscape design, or other camouflage strategies appropriate for the type of installation.
Applicants are required to utilize designs in which all conduit and wirelines are installed
internally in the structure. Further, applicant designs should, to the extent technically possible,
comply with the generally applicable design standards adopted pursuant to Section 14 of this
ordinance.
2. If the Municipal Services Director, or his/her designee, has already approved a concealment
element design either for the applicant or another small wireless facility along the same public
right-of-way or for the same pole type, then the applicant shall utilize a substantially similar
concealment element design, unless it can show that such concealment element design is not
physically or technologically feasible, or that such deployment would undermine the generally
applicable design standards.
D. Even if an alternative location is established pursuant to subsection A(1) and A (2), the Municipal
Services Director, or his/her designee, may determine that a new pole in the right-of-way is in fact
a superior alternative based on the impact to the City, the concealment element design, the City’s
Comprehensive Plan and the added benefits to the community.
E. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-
of-way, the applicant must obtain a site-specific agreement from the City to locate such new pole
or ground-mounted equipment. This requirement also applies to replacement poles that are higher
than the replaced pole, and the overall height of the replacement pole and the proposed small
wireless facility is more than sixty (60) feet.
F. These design standards are intended to be used solely for the purpose of concealment and siting.
Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular
technology. When strict application of these requirements would unreasonably impair the function
of the technology chosen by the applicant, alternative forms of concealment or deployment may be
permitted which provide similar or greater protections of the streetscape.
Section 16. The following additional definitions shall only apply to eligible facilities requests as described
in this Section.
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Eligible Facilities Requests.
A. Additional Definitions.
1. “Base Station”: A structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications network.
The term does not encompass a tower as defined herein nor any equipment associated with a
tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration (including
Distributed Antenna Systems (“DAS”) and small wireless networks).
c. Any structure other than a tower that, at the time the relevant application is filed (with
jurisdiction) under this section, supports or houses equipment described in subparagraph
(i) and (ii) above that has been reviewed and approved under the applicable zoning or
siting process, or under another State or local regulatory review process, even if the
structure was not built for the sole or primary purpose of providing that support.
d. The term does not include any structure that, at the time the Eligible Facilities Request
application is filed with the City, does not support or house equipment described in
subparagraph (l)(a) and (l)(b) above.
2. “Collocation”: The mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals for
communication purposes.
3. “Director”: The Municipal Services Director or designee.
4. “Eligible Facilities Request”: Any request for modification of an existing tower or base station
that does not substantially change the physical dimensions of such tower or base station,
involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
5. “Eligible Support Structure”: Any tower or base station as defined in this section, provided that
it is existing at the time the relevant application is filed with the City.
6. “Existing”: A constructed tower or base station is existing if it has been reviewed and approved
under the applicable zoning or siting process, or under another State or local regulatory review
process, provided that a tower that has not been reviewed and approved because it was not in
a zoned area when it was built, but was lawfully constructed, is existing for purposes of this
definition.
7. “Substantial Change”: A modification substantially changes the physical dimensions of an
eligible support structure if it meets any of the following criteria:
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a. For towers other than towers in the public rights-of-way, it increases the height of the tower
by more than 10% or by the height of one additional antenna array with separation from
the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other
eligible support structures, it increases the height of the structure by more than 10% or
more than ten (10) feet, whichever is greater;
b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance
to the body of the tower that would protrude from the edge of the tower more than twenty
(20) feet, or more than the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves adding an
appurtenance to the body of the structure that would protrude from the edge of the structure
by more than six (6) feet;
c. For any eligible support structure, it involves installation of more than the standard number
of new equipment cabinets for the technology involved, but not to exceed four cabinets; or,
for towers in the public rights-of-way and Base Stations, it involves installation of any new
equipment cabinets on the ground if there are no pre-existing ground cabinets associated
with the structure, or else involves installation of ground cabinets that are more than 10%
larger in height or overall volume than any other ground cabinets associated with the
structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure; or
f. It does not comply with conditions associated with the siting approval of the construction
or modification of the eligible support structure or base station equipment, provided,
however, that this limitation does not apply to any modification that is non-compliant only
in a manner that would not exceed the thresholds identified above.
8. “Tower”: Any structure built for the sole or primary purpose of supporting any FCC-licensed or
authorized antennas and their associated facilities, including structures that are constructed for
wireless communications services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixes wireless services such as
microwave backhaul and the associated site.
9. “Transmission Equipment”: Equipment that facilitates transmission for any FCC-licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
B. Application. The Director shall prepare and make publicly available an application form used to
consider whether an application is an Eligible Facilities Request. The application may not require
the applicant to demonstrate a need or business case for the proposed modification.
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an Eligible
Facilities Request, the Director shall review such application to determine whether the application
qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an Eligible
Facilities Request application, the Director shall approve the application unless it determines that
the application is not covered by this section.
Document Ref: 3JTMJ-NY4BK-IQSYU-ECLPE Page 16 of 18
Moses Lake Council Packet 1-25-22, Page 35 of 210
Page 17 of 18
E. Tolling of the Time Frame for Review. The sixty (60) day review period begins to run when the pre-
application or application is filed and may be tolled only by mutual agreement by the Director and
the applicant or in cases where the Director determines that the application is incomplete. The
timeframe for review of an Eligible Facilities Request is not tolled by a moratorium on the review of
applications.
1. To toll the timeframe for incompleteness, the Director shall provide written notice to the
applicant within thirty (30) days of receipt of the application, clearly and specifically delineating
all missing documents or information required in the application.
2. The timeframe for review begins running again when the applicant makes a supplemental
submission in response to the Director’s notice of incompleteness.
3. Following a supplemental submission, the Director will notify the applicant within ten (10) days
that the supplemental submission did not provide the information identified in the original notice
delineating missing information. The timeframe is tolled in the case of second or subsequent
notices pursuant to the procedures identified in this sub-section. Second or subsequent notice
of incompleteness may not specify missing documents or information that was not delineated
in the original notice of incompleteness.
F. Determination That Application Is Not an Eligible Facilities Request. If the Director determines that
the applicant’s request does not qualify as an Eligible Facilities Request, the Director shall deny
the application.
G. Failure to Act. In the event the Director fails to approve or deny a request for an Eligible Facilities
Request within the timeframe for review (accounting for any tolling), the request shall be deemed
granted. The deemed grant does not become effective until the applicant notifies the Director in
writing after the review period has expired (accounting for any tolling) that the application has been
deemed granted.
Section 17. Appeals. Small Wireless Facilities Permit decisions, other than administrative approvals
relating to Small Wireless Facilities and Eligible Facilities Requests, are final decisions. Approvals or denials
of a Small Wireless Facility Permit or Eligible Facilities Requests are administrative approvals and are not
subject to appeal.
Section 18. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council held a
hearing on this interim ordinance before adoption in order to take public testimony.
Section 19. Duration of Interim Regulations. The interim amendments adopted by this ordinance shall
remain in effect until six (6) months from the effective date and shall automatically expire unless the same
are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that date, or unless the same
are repealed or superseded by permanent amendments prior to that date.
Section 20. Planning Commission Work Program. The City of Moses Lake Planning Commission is hereby
directed to review the interim regulations in 2021. The Commission shall make a recommendation on
whether said amendments, or some modification thereof, should be permanently adopted. The Moses Lake
Planning Commission is directed to complete its review, to conduct such public hearings as may be
necessary or desirable, and to forward its recommendation to the Moses Lake City Council prior to the
expiration of the interim amendments. The work program shall include input from wireless carriers, existing
franchisees, and City staff.
Section 21. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
Document Ref: 3JTMJ-NY4BK-IQSYU-ECLPE Page 17 of 18
Moses Lake Council Packet 1-25-22, Page 36 of 210
Page 18 of 18
phrase of this ordinance.
Section 22. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations
of Title 18 MLMC and are equally subject to injunctive and other forms of civil relief that the City may seek.
Section 23. Conflict. In the event that there is a conflict between the provisions of this ordinance and any
other City ordinance, the provisions of this ordinance shall control.
Section 24. Declaration of Emergency. The Moses Lake City Council hereby finds and declares that an
emergency exists which necessitates that this ordinance become effective immediately in order to preserve
the public health, safety and welfare of the City of Moses Lake, pursuant to RCW 35A.13.190.
Section 25. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon
passage, as set forth herein.
Adopted by the City Council and signed by its Mayor on July 27, 2021.
_____________________________________
David Curnel, Mayor
ATTEST:APPROVED AS TO FORM:
______________________________ _______________________________________
Debbie Burke, City Clerk Katherine L. Kenison, City Attorney
Vote:Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Aye
Nay
Abstain
Absent
Date Published: August 2, 2021
Date Effective: August 7, 2021
Document Ref: 3JTMJ-NY4BK-IQSYU-ECLPE Page 18 of 18
Moses Lake Council Packet 1-25-22, Page 37 of 210
Signature Certificate
Document Ref.: 3JTMJ-NY4BK-IQSYU-ECLPE
Document signed by:
Katherine Kenison
E-mail:
kkenison@cityofml.com
Signed via link
IP: 173.209.171.7 Date: 02 Aug 2021 16:15:25 UTC
Mayor David Curnel
Verified E-mail:dcurnel@cityofml.com
IP: 63.142.221.35 Date: 02 Aug 2021 18:02:25 UTC
Debbie Burke
Verified E-mail:
dburke@cityofml.com
IP: 63.135.54.162 Date: 02 Aug 2021 18:07:14 UTC
Document completed by all parties on:
02 Aug 2021 18:07:14 UTC
Page 1 of 1
Signed with PandaDoc.com
PandaDoc is a document workflow and certified eSignature
solution trusted by 25,000+ companies worldwide.
Moses Lake Council Packet 1-25-22, Page 38 of 210
Page 1 of 3
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 19, 2022
Proceeding Type: Consent Agenda
Subject: Grant County PUD Easements Resolution 3878
Underground 3-Phase Power for Future Wastewater Liftstation
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: N/A
• Action: Motion Total Cost: N/A
Overview
The Municipal Services Department is working with Grant County PUD to bring three phase
electrical service to the City owned property located at 447 West Northshore Drive. This is in
preparation for the future Northshore Wastewater Lift Station, which is planned to be built on that
site.
The GCPUD has created a plan for installing the required electrical service. The plan includes two
easement requests where the underground power will be installed across city property. The
planned route for the underground power is shown here:
NEW LOCATION
STRAT
OLD LOCATION
Moses Lake Council Packet 1-25-22, Page 39 of 210
Page 2 of 3
Fiscal and Policy Implications
N/A
Council Packet Attachment
A. Council Resolution
B. Lot 1 Easement - Knolls Vista Park
C. Lot 4 Easement - Knolls Vista
0
Finance Committee Review
N/A
Legal Review
N/A
LOT1 EASEMENT
LOT4 EASEMENT
Moses Lake Council Packet 1-25-22, Page 40 of 210
Page 3 of 3
Options
Option Results
• Adopt the Resolution Staff will send signed copies of the easement
requests to GCPUD.
• Take no action Staff will wait for further instructions from City
Council.
• Reject the Easement Requests Staff will notify GCPUD that the easements will
not be granted.
Action Requested
Staff recommends adopting the resolution to grant both easements to Grant PUD, so the City can
proceed with installing three phase electrical service to the future Northshore Wastewater Lift
Station site.
Moses Lake Council Packet 1-25-22, Page 41 of 210
RESOLUTION 3878
A RESOLUTION TO GRANT EASEMENTS ACROSS CITY-OWNED PROPERTIES TO GRANT COUNTY PUD FOR 3-PHASE POWER IN PREPARATION FOR CONSTRUCTING A NEW SEWER LIFT STATION
Recitals:
1. In 2019 the sanitary sewer lake-siphon crossing from Northshore Drive to Broadway Avenue was compromised, spilling raw sewage into the lake.
2. City crews repaired the siphon, and then made plans to remove it from service.
3. In 2019, the city re-directed sewage flows from the lake-siphon to Sage Bay lift station.
4. In 2021 City of Moses Lake purchased properties necessary for constructing a new lift station.
5. The proposed lift station will replace Sage Bay lift station and handle the increased sewage flows, as a result of re-directing the former lake-siphon.
6. The City is designing the new lift station, which will require a new 3-phase power service
to the site at 447 W. Northshore Drive.
7. Grant County PUD has created a power design and prepared easement documents for city of Moses Lake signature.
Resolved:
1. The City of Moses Lake, Washington, grants easements across city-owned properties to Grant County PUD for primary power to serve a future sewer lift station at 447 W. Northshore Drive.
Adopted by the City Council on January 25, 2022.
________________________________________ Dean Hankins, Mayor ATTEST:
____________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 1-25-22, Page 42 of 210
Return to: Chris Clarke Name: Public Utility District No. 2 of Grant County Address: PO Box 878 City, State: Ephrata, WA 98823 EASEMENT AND RIGHT OF WAY ELECTRIC DISTRIBUTION LINE(S) AND COMMUNICATION FACILITIES Grantor(s): CITY OF MOSES LAKE Grantee: Public Utility District No. 2 of Grant County, Washington Legal Description (abbreviated): LOT 1; KNOLLS VISTA PARK PLAT Additional legal page 1. Assessor’s Tax Parcel ID # 10-0697-001 WO # 220920 Tract No. S15 T19 R28
The Grantor(s): CITY OF MOSES LAKE PO DRAWER 1579 MOSES LAKE WA 98837-0244 in order to assist in the continued improvement of electric, telecommunication, and other services in Grant County, Washington, and for and in consideration of the mutual benefits to themselves, other landowners of Grant County and other persons, hereby grant and convey to PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, its agents, contractors, licensees, permitees, successors and assigns, hereinafter collectively called the Grantee, a perpetual right of way and easement: (1) to construct, reconstruct, operate, patrol, maintain and remove overhead and/or underground electrical distribution line(s) with multiple conductors including appurtenant signal lines, poles, wires, cables, anchors, guys and appliances necessary or desirable in connection with said distribution lines; and (2) to construct, reconstruct, operate, patrol, maintain and remove communication, fiber optic, telecommunication, telephonic, television, telecomputing, or any other
communication or cable facilities, equipment, or other devices, in, upon, over, and under the following described land located in Grant County, Washington, to wit: LOT 1, KNOLLS VISTA PARK MAJOR PLAT AS RECORDED IN VOLUME 10 OF SHORT PLATS, PAGE 69, RECORDS OF GRANT COUNTY, WASHINGTON.
Moses Lake Council Packet 1-25-22, Page 43 of 210
THE EASEMENT AREA and right of way hereby granted covers a 10 foot strip of land, lying over, under and
across the above described land, the exact location of which is 5 feet on each side of a centerline which is currently staked on Grantor's property. Grantee shall have the right at all times of ingress to and egress from the easement area across adjacent lands of Grantor for the purpose of exercising any of its rights. Grantor shall have the right to use the easement area for purposes not inconsistent with Grantee's full enjoyment of the authority and rights hereby granted. Such determination shall be made solely by the Grantee. The Grantors for themselves and their successors, assigns, lessees and licensees, hereby covenant and agree that they shall not place, construct or maintain any buildings, structures or other improvements within the easement area; they shall not reduce or enlarge the clearance between the ground and any electric distribution lines or communication lines or facilities within the easement area; and they shall not do or permit any other act that will damage or endanger the Grantee's electrical or communication lines, facilities, or other property.
The Grantee shall have the right to level, grade or regrade the easement area as may be necessary for the purpose of constructing, reconstructing, patrolling, maintaining and operating said electrical lines and communication lines and facilities. The Grantee shall have the right at any time to clear the easement area and keep the same clear of brush, trees, timber, structures, improvements, and all fire hazards, together with the right to remove dangerous trees, if any, located beyond the limits of said easement areas, which by falling would endanger said electrical lines or communication lines or facilities; however, it is understood and agreed that all said brush, trees, timber, structures and improvements, other than those structures constructed by the Grantee, are Grantor's property and are there at the risk of Grantor, and Grantor is responsible for any damages caused thereby.
Moses Lake Council Packet 1-25-22, Page 44 of 210
Grantor's covenants shall run with the above-described lands and be binding upon Grantor's successors and assigns. All of the authority and rights of Grantee as herein provided shall inure to the benefit of Grantee’s successors and assigns.
Dated this ________________________________ day of______________________, 2021. ________________________________ Authorized Signatory/ies for CITY OF MOSES LAKE
STATE OF WASHINGTON ) )ss. County of )
On this day of , 2021, before me personally appeared to me
known to be the of the corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposed therein mentioned, and on oath stated that he/she
was/were authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year
first above written.
Dated: ___________________ [ ]
[ ] [ ] [ ]
[ Notary Seal ]
_____________________________________ Notary Public
My appointment expires: _________________
Moses Lake Council Packet 1-25-22, Page 45 of 210
Moses Lake Council Packet 1-25-22, Page 46 of 210
ADDRESS PO Box 878 PHONE 425 691 8169 grantpud.org Ephrata, WA 98823 FAX 509
Powering Our Way of Life. 12/13/2021
City of Moses Lake
321 S Balsam St
Moses Lake, WA 98837 RE: WO # 220920 In response to your request for electrical service, you will find legal document(s) enclosed. Please have the Grantors sign in the presence of a notary public and return in the included envelope. Should you have questions please contact the following: Engineering Details Herman Silva (509) 793-1593 Right of Way Details Chris Clarke (425) 691-8169 Sincerely,
Chris Clarke Chris Clarke Lands Specialist Enclosures: Self-addressed envelope Legal document(s) Map
Moses Lake Council Packet 1-25-22, Page 47 of 210
Return to: Chris Clarke Name: Public Utility District No. 2 of Grant County Address: PO Box 878 City, State: Ephrata, WA 98823 EASEMENT AND RIGHT OF WAY ELECTRIC DISTRIBUTION LINE(S) AND COMMUNICATION FACILITIES Grantor(s): CITY OF MOSES LAKE, A WASHINGTON MUNICIPAL CORPORATION Grantee: Public Utility District No. 2 of Grant County, Washington Legal Description (abbreviated): LOT 4, KNOLLS VISTA 19TH Additional legal page 1. Assessor’s Tax Parcel ID #10-0630-000 & 10-0630-001 WO #220920 Tract No. S15 T19 R28
The Grantor(s): CITY OF MOSES LAKE, A WASHINGTON MUNICIPAL CORPORATION 321 S BALSAM ST MOSES LAKE, WA 98837 in order to assist in the continued improvement of electric, telecommunication, and other services in Grant County, Washington, and for and in consideration of the mutual benefits to themselves, other landowners of Grant County and other persons, hereby grant and convey to PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, its agents, contractors, licensees, permitees, successors and assigns, hereinafter collectively called the Grantee, a perpetual right of way and easement: (1) to construct, reconstruct, operate, patrol, maintain and remove overhead and/or underground electrical distribution line(s) with multiple conductors including appurtenant signal lines, poles, wires, cables, anchors, guys and appliances necessary or desirable in connection with said distribution lines; and (2) to construct, reconstruct, operate, patrol, maintain and remove communication, fiber optic, telecommunication, telephonic, television, telecomputing, or any other
communication or cable facilities, equipment, or other devices, in, upon, over, and under the following described land located in Grant County, Washington, to wit:
Moses Lake Council Packet 1-25-22, Page 48 of 210
PARCEL 1
PARCEL 2
Moses Lake Council Packet 1-25-22, Page 49 of 210
THE EASEMENT AREA and right of way hereby granted covers a 10 foot strip of land, lying over, under and across the above described land, the exact location of which is 5 feet on each side of a centerline which is currently staked on Grantor's property.
Grantee shall have the right at all times of ingress to and egress from the easement area across adjacent lands of Grantor for the purpose of exercising any of its rights. Grantor shall have the right to use the easement area for purposes not inconsistent with Grantee's full enjoyment of the authority and rights hereby granted. Such determination shall be made solely by the Grantee. The Grantors for themselves and their successors, assigns, lessees and licensees, hereby covenant and agree that they shall not place, construct or maintain any buildings, structures or other improvements within the easement area; they shall not reduce or enlarge the clearance between the ground and any electric distribution lines or communication lines or facilities within the easement area; and they shall not do or permit any other act that will damage or endanger the Grantee's electrical or communication lines, facilities, or other property. The Grantee shall have the right to level, grade or regrade the easement area as may be necessary for the
purpose of constructing, reconstructing, patrolling, maintaining and operating said electrical lines and communication lines and facilities. The Grantee shall have the right at any time to clear the easement area and keep the same clear of brush, trees, timber, structures, improvements, and all fire hazards, together with the right to remove dangerous trees, if any, located beyond the limits of said easement areas, which by falling would endanger said electrical lines or communication lines or facilities; however, it is understood and agreed that all said brush, trees, timber, structures and improvements, other than those structures constructed by the Grantee, are Grantor's property and are there at the risk of Grantor, and Grantor is responsible for any damages caused thereby.
Moses Lake Council Packet 1-25-22, Page 50 of 210
Grantor's covenants shall run with the above-described lands and be binding upon Grantor's successors and assigns. All of the authority and rights of Grantee as herein provided shall inure to the benefit of Grantee’s successors and assigns.
Dated this ________________________________ day of______________________, 2021. ________________________________ Authorized Signatory/ies for CITY OF MOSES LAKE, A WASHINGTON MUNICIPAL CORPORATION
STATE OF WASHINGTON ) )ss. County of ) On this day of , 2021, before me personally appeared to me
known to be the of the corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposed therein mentioned, and on oath stated that he/she
was/were authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Dated: ___________________ [ ] [ ] [ ] [ ] [ Notary Seal ]
_____________________________________ Notary Public My appointment expires: _________________
Moses Lake Council Packet 1-25-22, Page 51 of 210
Moses Lake Council Packet 1-25-22, Page 52 of 210
STAFF REPORT
To: Allison Williams, City Manager
From: Gail Gray, Interim Finance Director
Date: January 20, 2022
Proceeding Type: Consent Agenda
Subject: Authorize Early Redemption of the Limited Tax General Obligation
Refunding Bonds, 2012
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: $ 185,650.00
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost: $ 185,650.00
Overview
The City has outstanding its Limited Tax General Obligation Refunding Bonds, 2012 (the “Bonds”). The
final maturity of all the remaining outstanding Bonds is September 1, 2023. The remaining outstanding
Bonds ($355,000) have an interest rate of 3.0%. The interest currently being earned on the City’s
General Fund cash is less than 3.0%, and the City’s fund balances are substantially sufficient to meet
the City’s expected cash needs. After a thorough evaluation of the City’s available cash, staff suggest
that it would be cost-effective to pay off the Bonds early and, therefore, realize a net savings in interest
expense. This has been reviewed with K&L Gates, LLP, the City’s bond counsel and they concur.
The Bonds may be refunded at any time at a price of par. The City is required to provide 20 days notice
of any prepayment of the Bonds. Accordingly, the Bonds may be redeemed on March 1, 2022. No more
interest will accrue following the prepayment and redemption of the Bonds. We have prepared a form
of notice to be sent to U.S. Bank, the paying agent for the Bonds. We recommend that the Council
approve the redemption and prepayment of the Bonds.
Fiscal and Policy Implications
Early redemption will result in a net savings in interest expense.
Council Packet Attachments
A.
B.
Memo from K&L Gates, LLP
Bond Redemption Notice
Moses Lake Council Packet 1-25-22, Page 53 of 210
Finance Committee Review
January 11, 2022
Legal Review In progress
Options
Option Results
Approve the item as presented. The Bonds will be redeemed on March 1,
2022. No more interest will accrue following
the prepayment and redemption of the Bonds.
Request Additional Information City staff will provide the City Council with the
additional information as requested.
Action Requested
Staff request Council authorize Early Redemption of the Limited Tax General Obligation Refunding
Bonds, 2012.
Moses Lake Council Packet 1-25-22, Page 54 of 210
505447204.1
K&L GATES LLP
925 FOURTH AVENUE
SUITE 2900,
SEATTLE, WA 98104-1158
T +1 206 623 7580 F +1 206 623 7022 klgates.com VIA EMAIL
MEMORANDUM
TO: City Council, City of Moses Lake, Washington Allison Williams, City Manager
FROM: Cynthia M. Weed
DATE: January 25, 2022
SUBJECT: Redemption of 2012 Limited Tax General Obligation Refunding Bonds
The City has outstanding its Limited Tax General Obligation Refunding Bonds, 2012 (the “Bonds”). The final maturity of all the remaining outstanding Bonds is September 1, 2023. The
remaining outstanding Bonds ($355,000) have an interest rate of 3.0%. The administration has
reviewed the City’s cash position. Interest rates on the cash balances in the City’s general fund are less than 3.0%, and the City’s fund balances are substantially sufficient to meet the City’s expected cash needs. Accordingly, we would suggest that it would be cost-effective to pay off the Bonds and, therefore, realize a net savings in interest expense.
The Bonds may be refunded at any time at a price of par. The City is required to provide 20 days
notice of any prepayment of the Bonds. Accordingly, the Bonds may be redeemed on March 1, 2022. No more interest will accrue following the prepayment and redemption of the Bonds. We have prepared a form of notice to be sent to U.S. Bank, the paying agent for the Bonds. We recommend that the Council approve the redemption and prepayment of the Bonds.
Moses Lake Council Packet 1-25-22, Page 55 of 210
NOTICE OF REDEMPTION*
City of Moses Lake, Washington Limited Tax General Obligation Refunding Bonds, 2012
NOTICE IS HEREBY GIVEN that the City of Moses Lake, Washington (the “City”) has
called for redemption on March 1, 2022, its outstanding City of Moses Lake, Washington, Limited Tax General Obligation Refunding Bonds, 2012 (the “Bonds”), as identified below.
The Bonds will be redeemed at a price of one hundred percent (100%) of their principal amount, plus interest accrued to March 1, 2022. The redemption price of the Bonds is payable
without presentation of the Bonds if presentment is not required by the governing documents. If
the governing documents do require presentment, presentment of the Bonds may be made at the office of:
By Mail, Hand or Overnight Mail to:
U.S. Bank National Association
Global Corporate Trust Services
111 Fillmore Ave E St. Paul, MN 55107
Interest on all Bonds or portions thereof which are redeemed shall cease to accrue on March 1, 2022.
The following Bonds are being redeemed:
City of Moses Lake, Washington Limited Tax General Obligation Refunding Bonds, 2012
Dated: December 12, 2012
Maturity Date (September 1) Principal Amount Interest Rate CUSIP Number
2023(1) $ 355,000 3.00% 619551JV7
(1) Term Bonds
Special Instructions: None
Is this an Intra-Period Call? NO Days of Accrual: ___
Total Intra-Period Interest Amount: _________ TOTAL PRINCIPAL AMOUNT TO BE CALLED: $355,000
IF PUBLISHED, WHEN? N/A
* This notice shall be given not less than 20 days prior to March 1, 2022 by first class mail to each registered owner of the Bonds. In addition notice shall be mailed to The Depository Trust Company; Martin Nelson & Company; S&P Global Ratings and submitted electronically to the Municipal Securities Rulemaking Board.
Moses Lake Council Packet 1-25-22, Page 56 of 210
APPROVED BY:
(signature) Allison Williams City Manager COMPLETED FORMS MAY BE FAXED OR E-MAILED TO U.S. BANK NATIONAL
ASSOCIATION TO THE ATTENTION OF THE RELATIONSHIP MANAGER LISTED
BELOW AND CONFIRMED AS RECEIVED BY TELEPHONING THAT INDIVIDUAL.
Carolyn Morrison, Vice President carolyn.morrison@usbank.com Phone: 206-344-4678 Fax: 206-344-4632
Aaron Fong, Assistant Vice President aaron.fong@usbank.com Phone: 206-344-4609 Fax: 206-344-4632 By Order of the City of Moses Lake,
Washington U.S. Bank National Association, as Paying Agent/Registrar
Dated:
505442699.1
Moses Lake Council Packet 1-25-22, Page 57 of 210
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 18, 2022
Proceeding Type: Consent Agenda
Subject: Project Acceptance for (60-day) Lien Period
2020 Sewer Manhole Lining Project (C-295)
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: $301,125.72
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost: $222,289.11
Overview
The City has many older brick sewer manholes. Over many decades the grout between the bricks
begins to erode. The brick sewer manholes are still structurally sound. However, the missing grout
will reduce their remaining service life. Therefore, concrete lining was conducted to seal and extend
the longevity of the brick manholes. Cascade Industrial Services has completed the work for this
project.
CONCRETE LINED BRICK MANHOLE
Moses Lake Council Packet 1-25-22, Page 58 of 210
Page 2 of 2
Work Conducted
The project consisted of pressure washing 190 older brick manholes and installing a concrete lining
system in each (See Picture).
Cost of Work
The work completed is in the amount of $222,289.11. The original contract price was for
$301,125.72. The cost reduction was due to a significant number of manholes that were found
not to require the lining procedure. Those manholes had already been recently lined on other
projects.
Staff Inspection
The 2022 Sewer Manhole Lining Project was completed by Cascade Industrial Services. All work
has been inspected by City Staff and has been recommended for acceptance. It should be noted,
that this project is separate from the 2019 Sewer Manhole Lining Project accepted by Council on
October 26, 2021.
Fiscal and Policy Implications
After Council Acceptance of the project, the City will enter into the 60-day lien period as required
by Washington State Law. The Contractor will receive the remaining 5% retainage after the 60-
day lien period is complete.
Council Packet Attachment
A. Final Pay Estimate
Finance Committee Review
N/A
Legal Review
N/A
ACTION OPTIONS:
Option Results
• Accept the project. The 60-day lien period will begin.
• Request additional information. Staff will provide the additional information.
• Take no action. The project will not be accepted at this time.
ACTION RECOMMENDED:
City staff recommends Council acceptance of the 2022 Sewer Manhole Lining Project.
Moses Lake Council Packet 1-25-22, Page 59 of 210
I E IT
i!
a aco a CJ
iiaL
Cr'uDt a
Moses Lake Council Packet 1-25-22, Page 60 of 210
STAFF REPORT
To: Allison Williams, City Manager
From: Shannon Springer, Human Resources Director
Date: January 19, 2022
Proceeding Type: Old Business
Subject: Employee Handbook Resolution 3874
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: N-A
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
Please see attached resolution establishing an Employee Handbook.
Council authorized various employee policies over the years which were rescinded as being
outdated with the adoption of Resolution 3718 that also gave authority to the City Manager to
execute new policies and procedures. The former City Manager introduced an individual policy for
each subject over the next few years. Current staff have since combined those policies, added
missing policies, as well as provided updates to prior and new policies set by recent state and
federal statutes.
An Employee Handbook is important as it brings uniformity across the City. It explains expectations
for everyone and mentions the consequences of violation of rules. By explaining workplace ethics
and expected behavior with staff and management, the handbook minimizes workplace disputes.
Additionally, the handbook outlines benefits afforded to employees, which include the delineation
of recognized holidays.
The Handbook will be beneficial to welcome new employees, introducing them to the City and
setting early and ongoing expectations. It provides a centralized place for employees to reference
for commonly requested information. Employees with be responsible to read and understand the
handbook and complete an acknowledgement of receipt.
Fiscal and Policy Implications
The Handbook will bring uniformity to City expectations and ensure consistency in the application
by staff and management throughout the organization.
Moses Lake Council Packet 1-25-22, Page 61 of 210
Council Packet Attachments
A. Resolution Establishing Employee Handbook
Finance Committee Review N/A
Legal Review In progress
Options
Option Results
Adopt the Resolution as presented. Employee Handbook will be implemented effective February 1, 2022
Request Additional Information City staff will provide the City Council with the
additional information as requested.
Action Requested
Staff request Council adopt Resolution 3874 to establish an Employee Handbook for all
employees.
Moses Lake Council Packet 1-25-22, Page 62 of 210
RESOLUTION 3874
A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ESTABLISHING AN EMPLOYEE HANDBOOK
Recitals:
1. The City Manager requested staff to establish a single document for employee policiesand benefits based on former policies.
2. Staff created a single handbook based on former policies, sample policies from other
cities, and in accordance with current laws.
3. The intent of the handbook is to govern the personnel functions and the administration ofbenefits that will result in a more efficient governmental operation.
Resolved:
1.The City Council approves the attached Employee Handbook.
2.These polices will prevail over conflicting policies previously approved by theCity Manager or adopted by the City Council.
ADOPTED by the City Council of the City of Moses Lake on this 25th day of January, 2022.
Dean Hankins, Mayor
ATTEST:
Debbie Burke, City Clerk
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CITY OF
MOSES LAKE
EMPLOYEE HANDBOOK
Effective February 1, 2022
City Council Resolution 3874
01/25/2022
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Table of Contents
CHAPTER 1 - PURPOSE, SCOPE, AND DEFINITIONS 5
1.1 INTRODUCTION 5
1.2 INTENT OF POLICIES 5
1.3 SCOPE OF POLICIES 5
1.4 CHANGING THE POLICIES 5
1.5 ADMINISTRATION OF THE PERSONNEL SYSTEM 6
1.6 DEFINITIONS 6
CHAPTER 2 - GENERAL POLICIES AND PRACTICES 9
2.1 EQUAL EMPLOYMENT OPPORTUNITY 9
2.2 REASONABLE ACCOMMODATION OF DISABILITIES 9
2.3 REASONABLE ACCOMMODATION OF RELIGIOUS BELIEFS 9
2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT 9
2.5 LIFE THREATENING/COMMUNICABLE DISEASES 12
2.6 WHISTLEBLOWER POLICY 12
2.7 WORKPLACE VIOLENCE AND WEAPONS PROHIBITION 14
2.8 EMPLOYMENT REFERENCES 16
2.9 EMPLOYEE PERSONNEL RECORDS 16
CHAPTER 3 - EMPLOYMENT PRACTICES 18
3.1 RECRUITMENT AND SELECTION 18
3.2 EMPLOYMENT OF RELATIVES (NEPOTISM) 18
3.3 HIRING PROCEDURE 19
3.4 PROBATIONARY PERIOD 21
3.5 EMPLOYMENT STATUS 21
3.6 PROMOTIONS 22
CHAPTER 4 - EMPLOYEE RESPONSIBILITIES AND CONDUCT 23
4.1 GENERAL CODE OF CONDUCT 23
4.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST 25
4.3 ANTI-DISRUPTION POLICY 25
4.4 SMOKE-FREE WORKPLACE 25
4.5 POLITICAL ACTIVITIES 26
4.6 CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS 26
4.7 CORPORATE CREDIT CARD 32
4.8 SUBSTANCE ABUSE 33
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4.9 ACCIDENT PREVENTION AND SAFETY 47
4.10 PROFESSIONAL APPEARANCE 48
4.11 ACCEPTANCE OF GIFTS 49
4.12 DISPUTE RESOLUTION 50
CHAPTER 5 - EMPLOYEE DEVELOPMENT 52
5.1 PERFORMANCE EVALUATIONS AND DISCUSSIONS 52
5.2 EMPLOYEE RECOGNITION 53
5.3 PROFESSIONAL ASSOCIATIONS AND CERTIFICATIONS 54
5.4 TRAINING 54
CHAPTER 6 - ATTENDANCE AND HOURS OF WORK 55
6.1 CITY BUSINESS HOURS – ESTABLISHED WORK WEEK 55
6.2 TELECOMMUTING 55
6.3 MEAL PERIODS AND BREAKS 56
6.4 LACTATION BREAKS 56
6.5 OVERTIME/COMSPENSATORY TIME 56
6.6 CALL-BACK 57
6.7 CALL-IN 57
6.8 TARDINESS AND ABSENTEEISM 57
6.9 INCLEMENT WEATHER – EMERGENCY DECLARATION 58
CHAPTER 7 - COMPENSATION 60
7.1 SALARY ADMINISTRATION 60
7.2 WORK AT A HIGHER CLASSIFICATION 61
7.3 MANAGEMENT AND CLASSIFICATION OF POSITIONS 61
7.4 PAYDAYS 61
7.5 TRAVEL AND BUSINESS EXPENSES 62
CHAPTER 8 - BENEFITS 63
8.1 INTRODUCTION 63
8.2 RETIREMENT BENEFITS 63
8.3 GROUP LIFE AND LONG-TERM DISABILITY INSURANCE 63
8.4 TEMPORARY LIGHT DUTY 64
8.5 HEALTH INSURANCE 64
8.6 UNEMPLOYMENT COMPENSATION 67
8.7 SAFETY FOOTWEAR 67
8.8 SAFETY EQUIPMENT AND RAIN GEAR 67
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8.9 CITY APPAREL 67
8.10 EMPLOYEE IDENTIFICATION BADGES 67
8.11 WELLNESS COMMITTEE AND EMPLOYEE PROGRAM 68
8.12 WORKERS’ COMPENSATION PROGRAM 68
CHAPTER 9 - LEAVES 70
9.1 HOLIDAYS 70
9.2 ANNUAL VACATION ACCRUAL 71
9.3 SICK LEAVE 72
9.4 WASHINGTON FAMILY CARE ACT 74
9.5 SHARED LEAVE 75
9.6 BEREAVEMENT LEAVE 77
9.7 JURY DUTY/COURT APPEARANCE 77
9.8 FAMILY AND MEDICAL LEAVE (FMLA) 78
9.9 WASHINGTON PAID FAMILY AND MEDICAL LEAVE 83
9.10 ADMINISTRATIVE LEAVE 85
9.11 MILITARY LEAVE & RETURNED VETERAN RE-EMPLOYMENT 86
9.12 MATERNITY / PARENTAL / FAMILY LEAVE 87
9.13 DOMESTIC VIOLENCE / SEXUAL ASSAULT LEAVE 88
9.14 LEAVE OF ABSENCE WITHOUT PAY 89
9.15 FURLOUGH 90
9.16 FLEX-TIME 90
CHAPTER 10 - DISCIPLINE AND TERMINATION 92
10.1 CORRECTIVE AND DISCIPLINARY ACTION 92
10.2 RETALIATION 94
10.3 TERMINATION 95
10.4 RE-HIRING OF LAYOFFS 95
10.5 EXIT INTERVIEW 96
10.6 RETURN OF CITY PROPERTY 96
10.7 FINAL PAYCHECK 96
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CHAPTER 1 - PURPOSE, SCOPE, AND DEFINITIONS
1.1 INTRODUCTION
The City of Moses Lake places the highest value on its employees. As an employee of the City
of Moses Lake (“City”), you are among an elite group of people who have chosen public service
as a career field. Because it is vital for an employee to consistently contribute to the overall
level of service provided by the City, the City designed this employee handbook to give you the
foundation to formulate your personal plan of how you best represent the City.
The City believes that clear, consistent personnel policies contribute to greater employee
engagement. All employees are required to be familiar with these policies. If questions arise,
please begin a discussion with your supervisor or department director. Employees are
encouraged to offer ideas or suggestions for improvement of these policies.
These personnel policies serve as a general guide to the City of Moses Lake’s current
employment practices and procedures. These policies also describe the compensation,
benefits, and other support provided by the City.
1.2 INTENT OF POLICIES
Although the City desires long-term employment relationships, it is recognized this may not
always occur and either the employer or employee may decide to terminate employment.
Unless specific rights are granted in employment contracts, civil service rules, or collective
bargaining agreements, all employees of the City are considered at-will employees and may be
terminated from City employment at any time, with or without cause and with or without notice.
No supervisor, department director, or representative of the City, other than the City Manager,
has authority to enter into any agreement with an employee for employment for any specified
period or duration, or to make any written or verbal commitments to the contrary. It is the City’s
intent to provide a summary of the City’s general policies and procedures; they should be
considered as a total set of working procedures rather than interpreting each section,
subsection, sentence, or phrase separately and out of context.
1.3 SCOPE OF POLICIES
These personnel policies apply to all City of Moses Lake employees. In cases where these
policies conflict with any Civil Service rules and regulations, provisions of a collective bargaining
agreement, the Moses Lake Police Department’s Policies & Procedures Manual, City ordinance
or state or federal law, the terms of that law, rule, or agreement prevail. In all other cases, these
policies apply. In the event of the amendment of any ordinance, rule, or law incorporated in this
document or upon which these provisions rely, these personnel policies shall be deemed
amended in conformance with those changes. These policies are not intended to address every
aspect of your employment in detail. In some cases, details may be found in other controlling
documents, such as the summary plan descriptions of benefit plans.
1.4 CHANGING THE POLICIES
As the need arises, the City Council may modify these policies, and by ordinance or resolution,
may enact changes to compensation or benefit levels. The City Manager may deviate from
these policies in particular situations, especially in an emergency, to achieve the primary
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mission of serving the City’s citizens. These policies supersede any prior policies or handbooks.
Employees may request specific changes to these policies by submitting suggestions to their
department director or the City Manager.
These policies do not create an employment contract, expressed or implied contract rights for
employees, nor do they create a promise or guarantee or specific treatment in a specific
situation. The City retains the right to administer or implement these policies appropriate to the
situation or occurrence. The City also retains the right to revise, supplement, or rescind these
policies without prior notice to employees. However, union representatives for the respective
bargaining units representing City employees will be given a copy of any proposed changes to
these policies prior to implementation.
1.5 ADMINISTRATION OF THE PERSONNEL SYSTEM
These policies and the City’s personnel system shall be administered as follows:
City Council: Adopts the budget, which includes adjustments to employee salaries,
benefits, authorization for positions, and training appropriations.
City Manager: Responsible for implementing and interpreting these personnel policies.
The City Manager is responsible for the final decision on hiring, termination, and
discipline of all employees (RCW 35A.13.080). The City Manager shall inform the
Council of any personnel matters that might affect the City legally.
Department Directors: Responsible for administering their own department in
accordance with these policies and any applicable laws. Directors are
responsible for recommending the hiring, discipline, and termination of their
employees, subject to approval by the Human Resources Director with final
approval by City Manager.
Human Resources Director: Administers the personnel system on behalf of the City
Manager, provides interpretation of these policies, and advises the City Manager
and Department Directors on personnel matters.
1.6 DEFINITIONS
At-will Employee: Unless specific rights are granted to an employee in a collective
bargaining agreement, civil service rules, or written employment agreement, an
employee of the City may be terminated at any time, with or without cause and
with or without notice.
City: The City of Moses Lake.
City Facility: Any property that is owned or leased by the City. Except as otherwise
provided herein, the term does not include City parks, parking lots, sidewalks, or
streets.
Class/Classification: Systematic arrangement of job titles into categories according to
positions sharing similar job functions and/or responsibilities. A representative
sample of the City’s classification system includes classifications such as
Management, Technical/Professional, Skilled Trades.
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COBRA Rights: Federal law which permits employees who are terminating from City
employment to continue eligible group medical coverage at their personal
expense for a specified period determined by federal law.
Department Director: An employee responsible for directing one or more City
departments or divisions.
Emergency: A circumstance that, if not immediately addressed, may cause injury or
damage to persons or property.
Emergency Declaration: An emergency declaration is carried out by the City
Manager/Mayor and the City’s continuity of operations plan would be
implemented which would require definition of essential and non-essential
employees.
Employee Assistance Program: A program designed to assist City employees and
their family members to seek advice or solve problems through professional
counseling.
Exempt Employee: An employee who does not receive overtime pay for all hours
worked more than 40 hours per week as provided in the Fair Labor Standards
Act (FLSA) and Washington Minimum Wage Act (WMWA) because the
employee works in a bona fide executive, administrative, professional, or other
overtime exempt capacity covered by the FLSA and WMWA.
Good Driving Record: Less than two moving violations within the preceding three
years; no reckless driving or driving while intoxicated violations (including a DUI
which has been reduced to a 1° Negligent Driving) within the preceding five
years. Maximum of one motor vehicle accident within the preceding three years
for which the applicant received a traffic or criminal citation and was convicted,
forfeited bail, or pled guilty.
Human Resources: The City’s Human Resources Department.
Immediate Family Member: Includes the following: spouse, registered domestic
partner, parent (whether biological, adoptive, foster, step-child, or child for whom
employee stands in loco parentis, is a legal guardian for, or is a de facto parent
and regardless of age or dependency status), child (whether biological, adoptive,
foster, step-child, or child for whom employee stands in loco parentis, is a legal
guardian for, or is a de facto parent and regardless of age or dependency status),
sibling, mother or father-in-law, brother or sister in-law, son or daughter-in-law,
grandparent, grandchild, step parent, step child, step brother or sister, any
relative who lives in the employee’s home, or other person for whom the
employee has caretaker responsibility. Other exceptions may be authorized
solely at the discretion of the City Manager.
Inclement Weather: An event of nature that adversely impacts the safety of citizens or
employees. Typically, such situations are the result of unusual, severe weather
including, but not limited to, excessive snow, ice storms, floods, blizzards, and
extreme heat and wind conditions.
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Non-exempt Employee: An employee who receives overtime pay for hours worked
beyond 40 hours in a standard work week in accordance with the Fair Labor
Standards Act (FLSA) and Washington Minimum Wage Act. The amount of
overtime pay is one and one-half times the regular rate of pay for hours worked
above 40 in a workweek, unless provided otherwise in a bargaining agreement.
Non-represented Employee: An at-will employee who is not a member of a bargaining
unit and is not represented by a bargaining agent in matters of wages, hours, and
working conditions.
Other Part-time Employee: Other part-time employee includes seasonal, on-call, and
other part-time non-benefited employees (regularly averages less than 20 work
hours per week).
Protected Status: A category by which people qualify for a special protection by a law,
policy, or similar authority.
Represented Employee: An employee who is a member of a bargaining unit and
represented by a bargaining agent in matters of wages, hours, and working
conditions.
Retirement: An employee who retires from service and is eligible to receive retirement
benefits through the Department of Retirement Systems (DRS).
Temporary Employee: An employee hired to work a fixed or flexible schedule of hours
for a specified period, or an employee who is hired on an intermittent, seasonal
or as-needed basis, as provided in Section 3.5.
Veteran: A person who has served in any branch of the armed forces of the United
States and who has received an honorable discharge.
Weapon: Any object, instrument, or incendiary device which is (1) designed in such a
manner to inflict harm or injury to another person, or (2) used in a manner
threatening harm or injury to another person. This shall include, but not be limited
to firearms, knives (not including pocket- knives with blades less than 3 inches in
length), Chaco sticks and blackjacks.
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CHAPTER 2 - GENERAL POLICIES AND PRACTICES
2.1 EQUAL EMPLOYMENT OPPORTUNITY
The City of Moses Lake is an equal opportunity employer. It is the City’s policy that there is no
discrimination against any person based on race, color, religion, sex, sexual orientation, gender
identification, national origin, age (over 40), marital status, pregnancy, disability, veteran’s
status, genetic information, or any other status protected by federal, state or local law. This
policy extends to all areas of employment and to all recruitment, selection, placement,
promotion, job assignment, compensation, disciplinary measures, demotions, layoffs, job
terminations, testing, training, awards, benefits, daily working conditions, and all other terms and
conditions of employment.
The City strives to foster and maintain a harmonious non-discriminatory working environment.
Conduct that is discriminatory will not be tolerated and will be cause for disciplinary action, up to
and including termination.
2.2 REASONABLE ACCOMMODATION OF DISABILITIES
The City complies fully with its duties under applicable federal and state law to provide disabled
employees with reasonable accommodation. Any employee who has a physical or mental
impairment and who desires some form of reasonable accommodation should provide notice to
the Human Resources Department. Upon receiving such notice, the Human Resources
Department, on behalf of the City, will begin an interactive process with the employee to
ascertain what accommodations, if any, may be appropriate.
2.3 REASONABLE ACCOMMODATION OF RELIGIOUS BELIEFS
The City complies fully with its duty to provide a reasonable accommodation of any employee’s
sincerely held religious beliefs. If an employee desires an accommodation such as, for example,
a modified work schedule, particular days off for religious observance, or to dress in a manner
that varies from a dress code adopted by the City or its departments, that employee must
contact the Human Resources Department to request accommodation. The City will seek to
provide reasonable accommodation unless doing so would constitute an undue hardship or
would be contrary to the City’s commitment to equal opportunity for all employees.
2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT
The City of Moses Lake is committed to ensuring that the practices and conduct of all its
employees comply with the requirements of federal and state laws against unlawful harassment,
discrimination, and retaliation. It is the policy of the City of Moses Lake that all employees have
the right to work in an environment free from unlawful harassment based upon being in the
protected class status. Any unlawful harassment of employees in the workplace, whether by co-
workers, supervisors or third parties, will not be tolerated by the City of Moses Lake.
For the purpose of this policy, “sexual harassment” is unwelcome behavior of a sexual nature
that affects terms and conditions of employment. Sexual harassment includes:
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1. Sexual advances and other verbal or physical conduct where submission to the
advances or conduct is made a term or condition of employment or is used as the basis
for employment decisions, and
2. Unwelcome verbal or physical conduct of a sexual nature, or motivated by a person’s
gender, that interferes with an employee’s work or creates a hostile, intimidating, or
offensive work environment.
Some examples of behavior that could constitute or contribute to sexual harassment include but
are not limited to:
1. Unwelcome or unwanted flirtations, propositions, or advances. This includes patting,
pinching, brushing up against, hugging, cornering, kissing, fondling, putting one’s arm
around another, or any other similar physical contact considered unacceptable by
another individual.
2. Requests or demands for sexual favors. This includes subtle or blatant expectations,
pressures, or requests for any type of sexual favor accompanied by an implied or stated
promise of preferential treatment or negative consequences concerning an individual’s
employment.
3. Verbal abuse or kidding that is sexual in nature and considered unacceptable by another
individual. This includes comments about an individual’s body or appearance when
such comments go beyond an isolated innocuous compliment; off-color jokes or
offensive language; or any other tasteless, sexual comments, innuendoes, or offensive
actions, including leering, whistling, or gesturing.
4. Participation in fostering a work environment that is generally intimidating, hostile, or
offensive because of unwelcome or unwanted sexual in nature conversation, office
décor, suggestions, requests, demands, physical contacts, or attention.
For the purpose of this policy, “other harassment” (nonsexual) is defined as verbal or physical
conduct that denigrates or shows hostility or aversion toward an individual because of such
individual’s protected status or characteristics such as his/her race, color, religion, gender,
national origin, age, marital status, military status, sexual orientation, gender identity, genetic
information, disability or any other status that is protected that:
1. Has the purpose or effect of creating an intimidating, hostile, or offensive work
environment.
2. Has the purpose or effect of unreasonably interfering with an individual’s work or
performance; or
3. Otherwise adversely affects an individual’s employment opportunities.
All issues noted above may constitute harassment whether taken place on or off duty if it has an
impact on the work environment.
Some examples of behavior that could constitute or contribute to harassment include but are not
limited to: using epithets, slurs, or negative stereotypes; threatening, intimidating, or engaging
in hostile acts that relate to protected status or characteristics such as those referred to above;
jokes or pranks that refer to or denigrate a protected status; or placing on walls, bulletin boards,
or elsewhere on the work premises or circulating in the workplace written, electronically
transmitted, or graphic material that denigrates or shows hostility or aversion toward a person or
group because of a protected characteristic.
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COMPLAINT PROCESS
An employee who feels harassed should immediately tell the offending individual how they feel
and ask them to stop. If that does not work or if the employee is uncomfortable confronting the
offending individual, the employee should report the incident promptly. A complaint can be
made verbally or in writing to the Human Resources Director. In the alternative, as the
employee may wish, the complaint may be brought to the attention of the City Manager or City
Attorney. If an employee brings the complaint to the attention of another supervisor or
manager, the supervisor or manager is obligated to report the complaint in compliance with this
policy.
A harassment complaint will be handled as follows:
1. Every complaint is to be reported promptly either by the complainant or by the person
receiving the complaint. If reported verbally, the person taking the complaint should
produce a written statement for the complainant to review and sign.
2. The complaint will be promptly investigated. Choice of investigator, level of formality,
and the procedures used in the investigation may vary, depending upon the nature of the
allegations and full circumstances of the situation, including the context in which the
alleged incidents occurred.
3. Confidentiality will be maintained throughout the investigatory process to the extent
practical and consistent with law and the City’s need to undertake a full investigation.
4. There shall be no retaliation by the City, its officers, elected officials, supervisors, or
other employees toward any employee bringing a complaint in good faith or cooperating
with the investigation of a harassment complaint.
5. Where the investigation confirms the allegations, the City will take prompt corrective
action and, where appropriate, discipline the offending individual, up to and including
termination. The complainant and accused will be informed of the outcome of the
investigation.
6. Employees who bring false complaints may be subject to discipline only if the
investigation reveals the complaint was made in bad faith (i.e., statements that were
known to be false at the time they were made).
The Human Resources Director shall be responsible for disseminating information on the City of
Moses Lake Policy against unlawful workplace harassment, developing training programs for
employees and supervisors, and guidelines for preventing sexual or other forms of harassment,
and for investigating and resolving allegations of harassment.
All officers, supervisors, and managers (generally, “supervisors”) are assigned responsibility for
implementing this policy, ensuring compliance with and knowledge of its terms, and for taking
immediate and appropriate corrective action in coordination with the Human Resources
Director, if they witness or receive notice of inappropriate behavior or receive a complaint.
Supervisors must open and maintain channels of communication to permit employees to raise
concerns of sexual or other workplace harassment without fear of retaliation, stop any observed
harassment, and treat harassment matters with sensitivity, confidentiality, and objectivity.
A supervisor’s failure to carry out these responsibilities may result in disciplinary action up to
and including termination.
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NO RETALIATION
The City strictly prohibits retaliation for raising a good faith complaint or participating in the
investigatory process. Concerns of retaliation should be promptly reported to the Human
Resources Director. If an investigation substantiates the complaint, the accused will be subject
to disciplinary action, up to and including termination.
2.5 LIFE THREATENING/COMMUNICABLE DISEASES
Employees with life threatening illnesses or communicable diseases are treated the same as all
other employees. They are permitted to continue working as long as they can maintain an
acceptable level of performance and medical evidence shows they are not a threat to
themselves or their co-workers. The City will work to preserve the safety of all its employees
and reserves the right, to the extent allowed by law, to reassign employees or take other job
actions, including termination, when a substantial and unusual safety risk to fellow employees or
the public may exist.
2.6 WHISTLEBLOWER POLICY
The City (1) encourages reporting by its employees of improper governmental action taken by
City officials or employees, and (2) protects City employees who report improper governmental
actions in accordance with the City's policies and procedures.
“Improper governmental action” means any action by a City officer or employee:
1. That is undertaken in the performance of the officer's or employee's official duties,
whether or not the action is within the scope of the employee's performance; and
2. That is in (a) violation of any federal, state, or local law or rule; (b) an abuse of authority;
(c) of substantial and specific danger to the public health or safety; or (d) a gross waste
of public funds. “Improper governmental action” does not include personnel actions,
including employee grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations, re-employments,
performance evaluations, reductions in pay, dismissals, suspensions, demotions,
violations of Civil Service rules, alleged violations of labor agreements or reprimands.
REPORTING PROCEDURES
1. City of Moses Lake employees who become aware of Improper Governmental Actions
should raise the issue first with their supervisor. If requested by the supervisor, the
employee shall submit a written report to the supervisor, or to some person designated
by the supervisor, stating in detail the basis for the employee's belief that an Improper
Governmental Action has occurred. Where the employee reasonably believes the
Improper Governmental Action involves his or her supervisor, the employee may raise
the issue directly with the Department Director. If the Department Director is involved in
the Improper Governmental Action, the employee may raise the issue with the Human
Resources Director, City Manager, or City Attorney. This should be done as soon as the
employee becomes aware of the improper action. If the complaint involves allegations
of criminal behavior that may cause immediate harm to an individual or to property, the
complaining employee may first report the matter to the Police Department before
initiating the procedures described in this policy.
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2. In the case of an Emergency, where the employee believes that damage to persons or
property may result if action is not taken immediately, or where the misconduct involves
the City Manager, or where the employee has a legal obligation to report (for instance,
where child abuse is suspected), the employee may report the Improper Governmental
Action directly to the appropriate governmental agency with the responsibility for
reporting improper action (see list of agencies in #4 below). In all other cases, the
employee should first advise either the City's Human Resources Director, City Manager,
or City Attorney prior to reporting to an outside agency.
3. The supervisor, the City Manager, or the City Manager’s designee, shall take prompt
action to assist the City in properly investigating the report of Improper Governmental
Action. City officers, administrators, supervisors, and employees involved in the
investigation shall keep the identity of reporting employees confidential to the extent
possible under the law, unless the employee(s) 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 advised of the summary of the results of the
investigation, except personnel actions taken as a result of the investigation may be kept
confidential (to the extent permitted by law).
4. In the case of an emergency, where the employee believes that personal injury or
property damage may result if action is not taken immediately, the employee may report
to the Improper Governmental Action directly to the appropriate governmental agency
with responsibility for investigating the improper action, such as:
a) Grant County Prosecuting Attorney
b) Attorney General, State of Washington
c) U.S. Attorney (Eastern District of Washington)
d) Washington Human Rights Commission
If the above-listed agencies do not appear to be appropriate considering the nature of
the improper action to be reported, contact information for other state and county
agencies may be obtained via the following link:
http://access.wa.gov/agency/agency.aspx.
5. Employees who fail to make a good faith attempt to follow the City’s procedures in
reporting improper governmental action shall not be entitled to the protection of this
policy against retaliation, pursuant to RCW 42.41.030.
PROTECTIONS AGAINST RETALIATORY ACTIONS
1. City 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 procedures.
2. Employees who believe that they have been retaliated against for reporting an Improper
Governmental Action must provide written notice to the City Manager within 30 days of
the alleged retaliatory action. If the City Manager is allegedly involved in the retaliation,
the written notice should be provided to the Human Resources Director or City Attorney.
The written notice must specify the alleged retaliatory action and the relief requested.
The City shall take appropriate action to investigate and address complaints of
retaliation. The City has thirty days to respond to the complaint of retaliation.
3. After 1) receiving: the response of the City Manager or 2) thirty days after the delivery of
the charge to the City, the employee may request a hearing before a state administrative
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law judge (ALJ) to establish that a retaliatory action occurred and to obtain appropriate
relief provided by law. An employee seeking a hearing shall deliver the request for
hearing to the City Manager within the earlier of either fifteen (15) days of delivery of the
response to the charge of retaliatory action, or forty-five (45) days of delivery of the
charge of retaliation.
4. Upon receipt of request for hearing, the City Manager shall apply within five (5) working
days to the State Office of Administrative Hearings for an adjudicative proceeding before
an administrative law judge.
5. At the hearing, the employee has the burden of proving the claim by the preponderance
of the evidence (more likely than not.) The final decision of the Administrative Law Judge
is subject to judicial review.
6. The City will consider any recommendation provided by the Administrative Law Judge
that the retaliator be suspended with or without pay or dismissed.
7. The City Manager or the City Manager’s designee is responsible for implementing the
City’s policies and procedures: (1) for reporting improper governmental actions, and (2)
for protecting employees against retaliatory actions. This includes insuring that this
policy is permanently posted where all employees will have reasonable access to it and
that this policy is made available to any employee upon request. The City will, to the
extent it considers practical, provide training and education on the whistleblower policy.
City supervisors and administrators are responsible for ensuring that this policy is fully
implemented within their areas of responsibility. Violations of this policy may result in
appropriate disciplinary action, up to and including termination.
MANAGEMENT RESPONSIBILITIES:
The City Manager is responsible for implementing City policies and procedures, for reporting
Improper Governmental Action, and for protecting employees against retaliatory actions. This
includes ensuring that this handbook and these procedures are:
1. Permanently posted where employees have reasonable access to them.
2. Made available to any employee upon request.
3. Provided to all newly hired employees.
Officers, managers, and supervisors are responsible for ensuring the procedures are fully
implemented within their areas of responsibility. Violations of this policy and these procedures
may result in appropriate disciplinary action up to and including termination.
2.7 WORKPLACE VIOLENCE AND WEAPONS PROHIBITION
The City of Moses Lake will not tolerate nor condone violence, or the threat of violence, by or
against any employee or citizen of the City of Moses Lake. All employees are responsible for
refraining from participating in or precipitating violent or threatening actions of any kind. This
type of behavior is unacceptable and contrary to the City of Moses Lake policy and will be
subject to serious disciplinary action up to and including termination and possible criminal
charges. Nor will the City of Moses Lake tolerate or condone bullying-type behavior which may
result in discipline. Employees may be advised to seek guidance and counseling from the
confidential Employee Assistant Program (EAP).
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Employees are responsible for notifying their supervisor as soon as an act of violence or the
threat of violence is made. When acts of physical violence in the workplace are occurring,
employees are responsible to call 911 immediately.
The City will not tolerate any violence or threat of violence or the use of any object as a
dangerous weapon. This includes, but is not limited to, any of the following conduct in or
around the workplace, or otherwise related to employment:
Threatening or causing injury to a person.
Fighting or threatening to fight with another person.
Using or threatening to use a weapon while on City premises.
Damaging or threatening to damage property.
Using obscene or abusive language or gestures in a threatening manner.
Raising voices in a threatening manner.
Using body language in a threatening manner.
Because of the potential for misunderstanding, joking about any of the above
misconduct is also prohibited.
Possession or use of dangerous weapons is prohibited on City property or in a City vehicle.
Possession includes location of a dangerous weapon on an employee’s person, work area,
lunch box, desk, locker, purse, wallet, briefcase, backpack, clothing or any other location on City
property or in a City vehicle not specifically mentioned herein.
Exception to the above prohibitions of dangerous weapons include possession of a firearm on
City property if a commissioned law enforcement officer.
The City retains the right to search an employee’s work area, locker, desk, and seize any items
deemed necessary. This includes, if necessary, an employee’s personal possessions such as a
briefcase, purse, wallet, lunch box, backpack, clothing, or person. Only in compelling
circumstances will the City search an employee’s person or clothing and the search will be
conducted in as confidential manner as possible.
The City will maintain confidentiality to persons lodging a complaint or concern as much as
possible, understanding that all notifications of workplace violence require a full investigation.
The City will make every effort to protect the employee from retaliation for lodging a
good faith complaint.
If an employee believes he/she is being threatened by the supervisor, the employee
shall contact the department head immediately.
If an employee believes he/she is being threatened by the department head, or if the
employee does not feel comfortable discussing the matter with the supervisor or
department head, the employee shall contact the Human Resources Department
immediately. In such cases, the Human Resources Department shall be the department
to initiate an investigation.
Employees who file false charges with malicious intent will be subject to potential discipline as
referenced in the Corrective and Disciplinary Action section 10.1.
After such complaint is filed and an investigation shows that the alleged violation or threat did
occur, the department head or designee shall take appropriate action in accordance with the
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City’s policies. This action may include but is not limited to suspension and/or termination of
any business relationship, reassignment of job duties, suspension or termination of
employment, and/or criminal prosecution of the party involved.
Any employee who obtains a court issued restraining order or anti-harassment order prohibiting
another individual from contacting the employee at work should promptly notify his or her
supervisor or director of the court’s issuance of the order.
Any employee who reasonably believes that a situation with an aggressive employee, citizen,
guest, contractor, vendor, or other party that may become violent, putting the employee or
others in imminent danger, should promptly leave the work area and report the situation to
his/her supervisor, Human Resources, or a department head. No disciplinary action will be
taken against any employee who leaves a work area when the employee has a reasonable
belief that an emerging situation with an aggressive person is likely to turn violent. The
supervisor should take immediate action and contact Human Resources and a department head
as soon as possible for the appropriate emergency response action (e.g., call 911). In the case
of an Emergency, employees should promptly call 911. The timing and circumstances of
possible return by employees to the area should be coordinated by management. The
employee, supervisor, Human Resources, or department head will follow City procedures in
response to such events, including incident reporting and appropriate action deemed necessary
by management.
All City security policies and rules must be adhered to at all times. To prevent inappropriate
outsider access, facility security and access rules must be strictly followed. It is especially
important that building security rules and procedures are specifically enforced at all times (e.g.,
doors locked after hours). Failure to comply with these requirements may lead to disciplinary
action, up to and including discharge.
2.8 EMPLOYMENT REFERENCES
Employees shall refer requests for references on current or former City employees to the
Human Resources Manager. The Human Resources Manager will respond to such requests, or
coordinate with the appropriate supervisor to respond, to ensure legal considerations are
observed. The City will not provide more than dates of employment and position held unless
the City has received a written release from the employee.
2.9 EMPLOYEE PERSONNEL RECORDS
The primary purpose of a personnel records management system is to establish and maintain
clear lines of authority for processing and managing personnel records, and clear and efficient
procedures for processing all transactions that affect employees and ensure accessible
employment records for City employees.
Departments may retain copies of training/certification records. All original employee records
(training/certification, warning letters, letters of commendation, etc.) must be filed with the
Human Resources department. Records are subject to records retention requirements.
Personnel records are the property of the City.
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Directors/Managers will initiate and process personnel transactions affecting employees in their
departments. Employees are responsible for notifying their supervisor or the Human Resources
Department of any changes affecting their personnel status.
Employees may respond in writing to any records reflecting negatively upon the employee. This
response will be included in the employee’s file. Medical records will be kept in separate,
confidential files in the Human Resources Department.
The City Manager, City Attorney, Human Resources staff, and appropriate department head
may request and shall be granted access to any personnel records. Employees may review
their personnel records by providing notification to the Human Resources Department and
scheduling a reasonable time for their review. Employee review will occur during working hours
and shall be subject to supervision, and the file shall not leave the premises.
All notices of suspension, demotion, or discipline of employees subject to civil service shall also
be filed with the Civil Service Commission.
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CHAPTER 3 - EMPLOYMENT PRACTICES
3.1 RECRUITMENT AND SELECTION
It is the policy of the City of Moses Lake to meet its workforce needs through systematic
recruitment and selection activities that identify, attract, and select from the most qualified
applicants for City employment. The Human Resources Department is responsible for
employment administration including all steps necessary to recruit qualified candidates to the
requesting department for consideration and selection. The hiring Department
Director/Manager will coordinate with the Human Resources Department in determining the
selection process.
No oral or written commitment for employment or re-employment will be given prior to
coordination with the Human Resources Department with final approval by City Manager and
upon completion of pre-employment clearance requirements.
Employment consideration will be based on the preferred requirements for each position as
identified on the job description. No selection decision shall be made that will constitute
unlawful discrimination based on race, color, religion, sex, sexual orientation, gender identity,
national origin, age, marital status, disability, genetic information, veteran’s status, or any other
basis protected by applicable discrimination laws, except where protected class can be
demonstrated to be a bona fide occupational qualification for employment. Successful
applicants must be able to perform the essential functions of the position with or without
reasonable accommodation.
Civil Service positions (Police and Fire Department) are subject to the rules of the Civil Service
Commission. Represented positions are subject to the applicable collective bargaining
agreement.
3.2 EMPLOYMENT OF RELATIVES (NEPOTISM)
The City acknowledges that both fairness and the appearance of fairness are important
attributes to consider in the conduct of daily city operations. In recognition of this, no relatives
shall remain or be hired in positions that would place the relatives in a situation of a real or
perceived conflict of interest. Situations include:
One of the individuals would have authority or practical power to supervise, appoint,
remove, or discipline the other.
One of the individuals would be responsible for auditing the work of the other.
One of the individuals would handle confidential materials which might create the
appearance of improper or inappropriate access to the material by the other.
One of the individuals is a policy level official of the City.
Hiring of the individual would create an actual or potential conflict with the City’s
interests.
When a Department Director/Manager proposes to hire a relative of an existing employee for
any part-time or full-time position, the Department Director must first obtain approval from the
City Manager. This is to be accomplished by submitting a written request to the Human
Resources Department explaining why (skills, experience, etc.) the relative is clearly the best
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qualified for the position and confirming that the working relationship does not place the
relatives in a situation of a conflict of interest.
When a relationship as described above occurs during employment, the two employees may
remain in their positions provided they are not in conflict with the restrictions stated in this policy.
If a conflict of interest is created by the relationship, the City may attempt to arrange a transfer
or change in position. If a suitable transfer/change in position is not available, one of the
employees will be separated from City service. Every attempt will be made to effect transfer or
separation based on agreement between the employees involved and the City. If a mutual
agreement is unattainable, the City Manager will determine, in the City’s best interest, the
employee to be transferred or separated.
The City Manager will make the final determination as to whether or not a conflict of interest
exists.
Relative, for the purpose of this policy, includes:
Mother or father
Sister or brother
Daughter or son
Step-relative of the preceding three
Wife or husband
Mother or father-in-law
Sister or brother-in-law
Daughter or son-in-law
Grandparent
Grandchild
Aunt or uncle
Niece or nephew
First cousin
Individuals residing with a City employee
3.3 HIRING PROCEDURE
The City of Moses Lake will meet its workforce needs through systematic recruitment and
selection activities that identify, attract, and select from the most qualified applicants for City
employment. The Human Resources Department is responsible for employment administration
including all steps necessary to recruit qualified candidate to the requesting department for
consideration and selection. The hiring department Director/Manager will coordinate with the
Human Resources Department in determining the selection process.
No oral or written commitment for employment or re-employment will be give prior to
coordination with the Human Resources Department with final approval by City Manager and
upon completion of pre-employment clearance requirements.
The first step in the selection process requires the completion of the “Authorization for
Recruitment and Selection of Personnel Form” by the Department Director/Manager.
Recruitment for all positions requires approval by the City Manager. Once all required parties
have signed this form, the recruitment and selection process can be started.
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POSITION ANNOUNCEMENT PUBLISHED
Position announcements are published by the Human Resources Department to recruit an
applicant pool for a position opening. The position announcement may be posted internally
and/or externally. Individuals considered eligible for internal postings include all current
employees.
APPLICATIONS GATHERED
Employment applications and cover letter are required of all applicants. The application is
intended to elicit information needed to determine whether an applicant is qualified for a
position. An applicant's signature certifies that all information supplied on the application is true
to the best of the applicant's knowledge. An employee will not be hired and may be dismissed if
it is found that the employee provided false or misleading information in an application or
resume. The Human Resources Department may require proof of education, specialized
training, job experience, legal status to work in the United States, or other relevant information.
The Human Resources Department will receive all properly completed applications for each
posted employment opportunity and record all applications received. Once the closing date for
the job posting has been reached, the Human Resources Department will forward pre-screened
applications to the appropriate hiring authority.
Prior to an employment offer, oral interviews and background/reference checks will be required.
Candidates may also be subject to, but not limited to, written and oral examinations, and a
practical skills examination/demonstration.
JOB OFFER
Final selection of an applicant is made by the hiring Department Director/Manager or designee
with approval of Human Resources for temporary/non-benefit positions and approval of the City
Manager for regular-status positions.
Once the Department Director/Manager has selected an individual to fill the vacancy a
Personnel Action Form (PAF) shall be completed. The Human Resources Department will then
send a letter to the chosen candidate making a formal conditional offer of employment and
specifying a tentative starting date and salary. If the candidate accepts the conditional offer of
employment, the Human Resources Department will verify whether the candidate is legally
authorized to work in the United States and will arrange for a new hire orientation. Employment
will be conditional upon satisfactory background check and reference checks. If a candidate
fails to respond to a conditional offer of employment, or fails to appear on the designated
starting date, the candidate will be presumed to have declined the conditional offer of
employment.
Following a conditional offer of employment, candidates may also be subject to a financial/credit
history check, pre-employment drug and alcohol test, psychological examination, and physical
examination.
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3.4 PROBATIONARY PERIOD
Every person hired, reclassified, promoted, or laterally transferred to a position must serve a
probationary period of twelve (12) months. The probationary period may be shortened no less
than six (6) months as determined by the Department Director/Manager with consent of Human
Resources. Use of vacation or other extended leave may cause the probationary period to be
extended. Entry-level Police Officers shall serve an eighteen (18) month probationary period.
Lateral Police Officers shall serve a twelve (12) month probationary period, unless otherwise
modified by the collective bargaining agreement and the Civil Service Commission.
TERMINATION DURING PROBATIONARY PERIOD
Any employee may be terminated by the Department Director/Manager with approval of the City
Manager during the probationary period for any reason without recourse. Successful
completion of the probationary period does not alter the at-will status of employment, unless
otherwise provided by a collective bargaining agreement or civil service rules.
3.5 EMPLOYMENT STATUS
REGULAR STATUS EMPLOYEE
Those positions that are designated as regular status positions by the City Council because
they entail the ongoing work of the City. Regular status positions are defined as full-time and
part-time positions. It does not include temporary positions.
Regular-status, full-time positions for health insurance purposes only are compensated 30 hours
or more per week. For all other purposes, full-time positions are compensated for a regularly
scheduled 40 hour per week.
Regular-status, part-time positions are compensated for a regularly scheduled 20 to 39 hours
per week.
TEMPORARY STATUS EMPLOYEE
The City Manager may authorize temporary employees to be hired to work no more than 1040
hours in a rolling twelve (12) month period, and no more than 29 hours per week. The work
must be temporary in nature, such as a short-term project, a seasonal project, a period of
temporary workload increases, or to fill a temporary vacancy. The time limits set forth in this
section shall not apply to disability/workers compensation related appointments.
Other temporary and/or non-benefit employees include temporary agency workers,
student interns, on-call employees, and employees in grant-funded positions, as follows:
1. Temporary agency workers are subject to the same workplace performance
expectations as temporary employees.
2. Student interns are subject to similar rules as non-benefit part-time employees. A
student intern must be enrolled in a bona fide higher education program. They are
employed at-will and are terminated when no longer associated with an education
program.
3. On-call employees are employed at-will on a substitute or on-call basis and are not
guaranteed any minimum hours of work.
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4. Employees who work in assignments subject to grant funding shall be subject to the
terms and conditions of the grant.
5. Non-benefit part-time employment: Non-benefit, part-time employees may be hired as
deemed necessary and must be approved by Human Resources.
Temporary employees receive no City group insurance benefits unless otherwise provided
through collective bargaining agreements or by exception due to special circumstances as
authorized in advance by the City Manager.
Temporary employees receive no paid holiday or vacation time unless provided through
collective bargaining agreements or by exception due to special circumstances as authorized in
advance by the City Manager.
Non-benefit employees receive no City group insurance benefits, paid holiday, or vacation time,
except where required by state Law.
Temporary and non-benefit employees who work in an assignment that normally requires five
(5) or more months of 70 hours or more of compensated employment in a twelve (12) month
period for two (2) consecutive years will be eligible for the Washington State Retirement System
in accordance with state law.
3.6 PROMOTIONS
Openings will be posted so that current employees may become aware of opportunities and
apply for positions in which they are interested and qualified. The City encourages our
employees to seek advancement when qualified.
After promotion to a new position, a normal probationary period of twelve months will be
completed. In the case of unsatisfactory performance in a promotional situation, the employee
may be considered for transfer back to the previous position held by the employee if the position
is still vacant, the employee remains qualified to fill the former position, and the City has
determined that it needs to be filled. The probationary period may be shortened no less than six
(6) months as determined by the Department Director/Manager and approval of the City
Manager.
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CHAPTER 4 - EMPLOYEE RESPONSIBILITIES AND CONDUCT
4.1 GENERAL CODE OF CONDUCT
As a general matter, employees should conduct themselves in a professional manner and use
good judgment in performing their job duties. Conduct will not be tolerated that interferes with
City operations, is detrimental to the City, and/or is offensive to coworkers or the public.
APPROPRIATE STANDARDS OF CONDUCT
Treating all customers, visitors, and coworkers in a courteous, respectful and
professional manner.
Refraining from behavior or conduct that is offensive or undesirable, or which is contrary
to the City of Moses Lake’s best interest.
Consistently providing co-workers with complete, accurate, and timely verbal and written
information; willingly sharing job knowledge with co-workers who can benefit from it;
voluntarily assisting co-workers when in need; responding in a positive manner to co-
worker requests.
Reporting to management suspicious, unethical, or illegal conduct by coworkers,
customers, or suppliers.
Cooperating with City of Moses Lake investigations.
Complying with all City of Moses Lake safety and security regulations.
Wearing clothing appropriate for the work being performed.
Performing assigned tasks efficiently and in accord with established quality standards.
Reporting to work punctually as scheduled and being at the proper workstation, ready for
work, at the assigned starting time.
Giving proper advance notice whenever unable to work or report on time.
Smoking only at times and in places not prohibited by the City of Moses Lake rules or
local ordinances.
Maintaining cleanliness and order in the workplace and work areas.
EXAMPLES OF BEHAVIOR THAT IS AGAINST CITY POLICY AND THAT WILL RESULT IN
DISCIPLINARY ACTION
Failure to treat co-workers, constituents, vendors and others in a courteous, respectful
and professional manner.
Engaging in destructive gossip and criticism, spreading harmful rumors, and discussing
nonbusiness related information about others.
Allowing social interaction with co-workers to interfere with your own or co-worker
productivity.
Failure to perform assigned duties, or performance of duties in an unsatisfactory
manner.
Unauthorized absence, or excessive tardiness or absences.
Misusing, taking for personal use, destroying, damaging or wasting property, supplies or
utilities belonging to the City or another employee.
Assaulting, threatening, or intimidating supervisors or any other fellow employee,
constituent, or any other person.
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Violation of City policy regarding workplace violence.
Engaging in any form of sexual or other unlawful harassment of, or discrimination or
retaliation towards, another employee, a client, a constituent or other third party.
Falsifying or altering any City record or report, such as an employment application,
medical reports, production records, time records, expense records, absentee reports,
financial documents or the like.
Misusing City communication systems, including electronic mail, computers, Internet
access, and telephones.
Refusing to follow management’s instructions concerning a job-related matter, or
otherwise being disrespectful or insubordinate.
Smoking where prohibited by City policy or local ordinance.
Using profanity or abusive or offensive language.
Sleeping on the job.
Disclosing confidential information regarding the City or City employees or
constituent(s).
Negligence or improper conduct resulting in injury or damage to City property.
Failure to fully cooperate with a City investigation.
Violating safety procedures or policies, or otherwise endangering the safety of an
employee, co-workers or other third party.
Making, publishing or repeating false, vicious or malicious statements concerning a co-
worker or client.
Reporting to work under the influence of alcohol, illegal drugs, controlled substances, or
narcotics, or using, selling, dispensing, or possessing illegal drugs or narcotics on City
premises.
Dishonesty.
Fighting.
Engaging in off-duty misconduct that interferes with an employee’s ability to do their job
or reflects negatively on the City.
It is not possible to list all the forms of behavior that are considered unacceptable in the
workplace; therefore, this list contains examples only, and is not exhaustive.
At management’s discretion, any violation of City policies or any conduct considered
inappropriate or unsatisfactory may subject an employee to disciplinary action. Disciplinary
action may include, but is not limited to, verbal warning, written warning, suspension, demotion,
or termination. The City, in its sole discretion, will determine the appropriate disciplinary
response to misconduct or unsatisfactory performance. While the City supports the concept of
progressive discipline, the City reserves the right to immediately terminate an employee’s at will
employment and use of progressive discipline should not be construed to modify an employee’s
at-will status.
Depending on the nature of the behavior at issue, the City may place an employee on
administrative leave pending an investigation and determination regarding discipline. As
deemed appropriate by the City based on the circumstances, an employee on administrative
leave shall be available to the City as needed during regular work hours, turn over all City
property (cell phone, security cards, etc.), and/or remain away from City facilities without prior
permission and escort.
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4.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST
Employees shall not, directly or indirectly, engage in any outside employment or possess a
financial interest which may conflict with the best interests of the City or interfere with the
employee’s ability to perform his/her assigned City job. Examples include, but are not limited to,
outside employment which:
1. Prevents the employee from being available for work beyond normal working hours,
such as during emergencies or peak work periods, when such availability is a regular
part of the employee’s job.
2. Is conducted during the employee’s work hours.
3. Is employed with a firm which has contracts with or does business with the City; or
4. May reasonably be perceived by members of the public as creating a conflict of interest
or one which otherwise discredits public service.
RCW 49.12.460 prohibits employers with 20 or more full-time equivalent employees in the
previous year from disciplining or firing volunteer firefighters, reserve police officers, or civil air
patrol members for taking leave to respond to an alarm of fire, emergency call, or emergency
service operation.
Effective April 16, 2021, this statute applies to all volunteer firefighters regardless of whether
they receive compensation, and it also allows the volunteer firefighters to leave their place of
employment to respond to a call as long as they notify their employer. (See SSB 5384.)
Employees are required to disclose outside employment to their Department Directors by
completing the “Outside Employment Authorization Form” and obtaining pre-approval to perform
outside work or hold another job. Outside Employment Authorization forms must be on file in
Human Resources.
4.3 ANTI-DISRUPTION POLICY
Any conduct in the workplace or while on City time that is disruptive to the normal operations of
City business or invades the rights of others will not be tolerated. While on City time, employees
are expected to adhere to professional and work-related matters and to treat each other and the
public with respect. This includes refraining while on City time from spreading rumors, gossiping
or discussing non-business-related information about others. Other disruptive conduct includes
but is not limited to discrimination, harassment, threats, insults, intimidation, ridicule, profanity,
vulgarity, stereotyping, physical or verbal abuse, ignoring the rights of others, and displaying
insensitivity to the beliefs and customs of others.
4.4 SMOKE-FREE WORKPLACE
Employees shall not use or carry visibly, tobacco products, or electronic cigarettes in any City-
owned and/or operated facilities, vehicles, or work areas. The City may designate outdoor
smoking areas; provided that there will be no smoking or vaping within 25 feet of any entrances,
exits, windows that open and ventilation intakes. Directors, managers, and supervisors have the
responsibility for implementing and enforcing this use policy. Tobacco cessation program
information is available through the City’s Human Resource Department. Additional information
may be obtained by directly contacting health care providers.
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4.5 POLITICAL ACTIVITIES
Employees may participate in political or partisan activities of their choosing provided that City
resources and property are not utilized, and the activity is performed during non-work time and
does not affect the responsibilities of the employees in their positions. While in the workplace,
on the job, or representing the City in any way, employees may not campaign for a candidate or
ballot issue or wear or display any item relevant to any candidate or ballot issue. Employees
may not solicit on City property or City time, for a contribution or petition signatures for a political
cause.
An employee shall not hold an appointed or elected public office when the holding of such office
is incompatible with or substantially interferes with the official duties of the employee’s job.
Nothing in this policy is meant to limit the employee’s participation in political activities of their
choosing on their own time.
4.6 CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS
CITY PROPERTY/PRIVACY LIMITATIONS
The City may furnish desks, closets and/or lockers for security of employee coats, purses and
other personal possessions. The City does not, however, assume responsibility for any theft or
damage to the personal belongings of employees.
Employees should have no expectation of privacy when using such or any other City property.
The City regards desks, closets, lockers, workspaces, computers, file cabinets and files, city
vehicles, furniture and other City property, as well as data, programs, communications,
messages and other property created on, acquired by, developed for or located in any City
facility or equipment, either in printed or digital format, as City property. The City reserves the
right to search the same, including any personal possessions contained in them when it
determines that there is a security, health, or other appropriate reason to do so. Such reasons
may include, without limitation, the following: the need to locate City property; health or safety
concerns; reasonable suspicion of misconduct; termination of employee; or for other business-
related purposes. The City reserves the right to review the contents of any document or
communication, created or stored on a City computer or phone system, including electronic
mail, text messaging, and voicemail. Employees do not have a reasonable expectation of
privacy in these areas or in any other City work areas or when using City equipment.
City owned property, equipment and services are to be used for the conduct of official business
only.
No City employee shall use or permit the use of City owned vehicles, equipment, materials,
services, or property for personal convenience, profit, or gain. Use of City owned property or
services by employees is restricted to such services as are available to the general public,
including those for a charge. Any violation of this policy may result in disciplinary action.
Examples of equipment and services NOT available for general use by the public, and therefore
not available to employees for their personal use, include, but are not limited to, long-distance
and cellular telephone calls, copier, fax, and other office machine uses; electronic mail,
computers, vehicles, lawn equipment, office supplies, credit cards, construction, or maintenance
equipment.
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PERSONAL PROPERTY
The City recognizes that employees may need or want to bring personal property to work. The
City permits employees to do so but asks its employees to refrain from bringing unnecessary or
inappropriate personal property to the workplace. Any property that is not appropriate for the
conduct of normal business, that may be disruptive to workflow, may pose a safety risk to
employees or the public, or which violates the terms of any City policy may be considered
unnecessary or inappropriate. It will be within the City’s sole discretion to determine whether
certain personal property is unnecessary or inappropriate.
The only personal property that an employee may be asked to use for City business is their
personal vehicle.
It is the employee’s responsibility to safeguard personal belongings. The City will not be liable
for lost, damaged or stolen property of its employees and at no time will the City replace or
reimburse an employee for personal property that an employee brings to the workplace.
Employees are encouraged to exercise reasonable care to safeguard personal items brought to
work. For example, employees should not bring valuables to work and should not leave
personal items where they might be damaged or stolen.
Improper or excessive use of personal property brought onto City property or worksites or
during work hours (for example, the excessive or inappropriate use of personal cell phones for
personal phone calls, text-messaging, imaging or videotaping), may also result in disciplinary
action, up to and including termination.
WIRELESS COMMUNICATION DEVICES
Wireless communications devices include, but are not limited to, cellular telephones, wireless
handheld devices and pagers.
The City reserves the right to monitor the use of all City-owned wireless devices to the extent
they involve City business or are made during the employee’s scheduled work time. Reasonable
precautions should be made to prevent equipment theft, vandalism, and improper use of
wireless device equipment and services.
At the time an electronic communication device is issued to an employee, the employee will be
required to sign an Acknowledgement of Policy.
Electronic communication device records are subject to public disclosure under the Public
Records Act. This includes and an all voicemails, social media messaging, emails, text
messages, call history and/or any other information stored on a City owned electronic
communication device, regardless of whether stored in the device or in remote sites and/or with
remote services.
Electronic communication shall be business-related only, courteous and civil. Texts must not be
used for expressing ill will or bias against individuals or groups. It should not contain obscenity,
vulgarity, profanity, jokes, sarcasm, pornography, scantily clad images, or other non-business-
related material. Sexually explicit material, discussions, cursing and name calling are also not
appropriate in a business communication.
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Electronic communication devices are not a secure method of communication. Discretion and
reasonable precautions should be used at all times when making or receiving sensitive or
confidential information.
If employees choose to make long-distance personal telephone calls, calls must be charged to
the employee’s home number or credit card. If employees choose to make personal
photocopies, or send a personal fax, they will be required to pay the fee as outlined in the city’s
adopted feed schedule. Such personal use must be limited to non-work time.
An employee may not add, modify, or remove applications or other services on the electronic
communications device. Only Information Technology is authorized to make any required
modifications to the electronic communication device issue by the City.
NETWORK USAGE
The City's computer system is provided to assist employees to perform their jobs, share files,
and communicate with each other internally and with outside individuals and organizations. The
City's computer system is to be used primarily for City business purposes; occasional or
incidental personal use is permitted within the guidelines below.
All software, programs, applications, templates, data, data files, and web pages residing on City
computer systems are the property of the City. The City retains the right to access, copy,
modify, destroy, or delete this property. Data files containing confidential or sensitive data
should be treated accordingly and should not be removed from the workplace without property
authorization.
By using the City’s technology resources, employees acknowledge and agree that they have no
expectation of privacy or confidentiality with regard to the City in use of these systems or in any
data that is created, stored, or transmitted on or over the systems, including any data created,
stored, or transmitted during an employee’s incidental personal use of the technology resources
permitted under this policy. Employees further agree that they are aware of, understand, and
will comply with the provisions of this policy, and that the use of the technology resources can
and will be monitored and any data that is created, stored, or transmitted on or over City
systems may be inspected by, or at the request of, City management at any time. Employees
should understand that certain email messages, other electronic communications, and
documents created on City computer systems may be considered a public record subject to
disclosure and/or subject to discovery in the event of litigation.
The following uses of the City's systems are inappropriate and are prohibited at all times unless
there is a legitimate business need. That need must be conveyed to, and the use authorized by,
the employee's department director in writing prior to such use. Inappropriate uses of the City
systems include, but are not limited to:
Personal commercial use.
Accessing, receiving, or sending pornographic, sexually explicit or indecent materials
including materials of a bawdy, risqué or coarse nature, or any other offensive or
morally questionable materials.
Usage for any type of harassment or illegal discrimination including transmission of
obscene, harassing, offensive or demeaning messages to any other individual.
Gambling.
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Usage for any unethical activity that could adversely affect the City of Moses Lake.
Usage which precludes or hampers City network performance.
Unauthorized copying of copyrighted material.
Usage which violates software license agreements.
Transmission of sensitive or proprietary information to unauthorized persons or
organizations.
Attempting to make unauthorized entry to other City systems or to other networks.
Connecting any personal device to a City device or system and downloading or
copying City records to personal devices without authorization.
Recreational purposes, including the loading and playing of computer games or
playing online games.
Sending anonymous messages and/or misrepresenting an employee’s name,
position or job description.
Using profane, threatening, racist, sexist, or otherwise objectionable language in
either public or private messages; or
Usage that violates the guidelines set forth in the City’s personnel policies.
Use of the City's computer system including email and Internet services is a privilege.
Inappropriate use or violations of this policy may result in disciplinary action, up to and including
termination. Anyone who suspects or observes a violation of these policies should immediately
report to their supervisor, manager, or the Human Resources Director. Failure to do so may
result in disciplinary action up to and including termination of employment.
SOCIAL MEDIA
The City of Moses Lake has several social media sites as a tool to supplement communications
with the public. The official City of Moses Lake website will remain the City's primary source of
internet communications and information.
Departments must first obtain approval from the City Manager before creating a social media
site. The City Manager will then coordinate with the Communications & Marketing Specialist to
ensure that the social media sites are consistent with the City’s mission and communications
strategy and with the IT Department to ensure proper back up records are maintained.
Only employees designated by the City Manager, or his/her designee, are allowed to post
information and monitor comments on social media sites on behalf of the City.
AUTOMOBILE USAGE
It is the City’s policy to provide vehicles for business use, to allow employees to drive on City
business, to provide and require drivers to follow safety protocols, and to reimburse employees
for business use of personal vehicles according to the guidelines below. The Commercial Driver
License requirements are in addition to this policy.
The term “vehicle” as used in these guidelines includes, but is not limited to, cars, trucks, and
vans.
1. Only employees 18 years old or older, possessing a valid driver license and meeting the
driver approval standards may drive a vehicle on City business.
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2. Employees may not operate any vehicle for City business without prior approval of their
supervisor. Before approving a driver, and periodically throughout employment (at least
every two years throughout employment when driving is an essential function of the job
and at least annually for all CDL drivers), each supervisor shall verify the existence of a
valid driver license (for CDL drivers, a copy of a current Abstract of Driving Record
(ADR) is required).
3. Employees approved to drive on City business are required to inform their supervisor
immediately of any changes that may affect either their legal or physical ability to drive
or their continued insurability. Employees are not permitted, under any circumstances,
to operate a City vehicle, or a personal vehicle for City business, when any physical or
mental impairment causes the employee to be unable to drive safely. This prohibition
includes, but is not limited to, circumstances in which the employee is temporarily
unable to operate a vehicle safely or legally because of injury, illness, or medication.
4. Employees in job positions requiring regular driving for business as an essential job
function must, as a condition of employment, be able to meet the driver approval
standards. For job positions that require periodic driving for City business, driver
approval standards should be met prior to the employee’s initial trip.
5. Employees who drive a vehicle on City business must, in addition to meeting approval
requirements, exercise due diligence to drive safely and to maintain the security of the
vehicle and its contents.
6. Employees are to attend driver training and vehicle orientation prior to operating a City
vehicle. Periodic on-going driver training will also be provided.
7. Employees may use City vehicles for non-business purposes only with the approval of a
supervisor.
8. Non-employee, non-business passengers are prohibited from riding in City vehicles
without prior approval. Non-employee, non-business passengers are prohibited from
riding in the employee’s personal vehicle, without prior approval, when the vehicle is
being used for City business. All permitted passengers must read and sign a
“Permission-to-ride Waiver”.
9. When no City vehicles are available, employees may use their own vehicles for
business purposes with prior approval of a supervisor. Auto liability coverage follows the
vehicle. Therefore, the employee’s personal auto insurance is primary, and WCIA’s
liability coverage is excess. Employees who use a personal vehicle for approved
business purposes will receive a mileage allowance equal to the Internal Revenue
Service optional mileage allowance. This allowance is to compensate for the cost of
gasoline, oil, depreciation, and insurance. Therefore, employees who operate personal
vehicles for City business should obtain and maintain auto liability coverage for bodily
injury and property damage and any other required coverage determined by the
employee’s personal auto insurance agent or broker.
10. Every City vehicle should have an accident report form and WCIA proof of coverage
card in the glove box.
11. All vehicle accidents involving City vehicles must be reported to the local authority
immediately following the accident. Employees must report any accident, theft, or
damage involving a City vehicle to their supervisor and Human Resources, regardless
of the extent of damage or lack of injuries. Such reports must be made as soon as
possible but no later than forty-eight (48) hours after the incident. Employees are
expected to cooperate fully with authorities in the event of an accident. However,
employees should avoid making voluntary statements regarding the accident; other
than reply to questions of investigating officers.
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12. Employees who are on-call and allowed to take a City vehicle home, are to provide
written acknowledgment that they fully understand that the vehicle should only be used
as part of an on-call response for the City.
13. The City has a zero-tolerance policy, prohibiting employees from operating a City
vehicle or any personal vehicle, under any circumstances, when any physical or mental
impairment causes the employee to be unable to drive safely. Additionally, employees
shall not operate any City or personal vehicle at any time while under the influence of
intoxicating liquor, marijuana, illegal drugs, or prescription or over-the-counter
medications that may impair their ability to drive. Drivers must self-report if unable to
operate a motor vehicle for any health or medication related reason.
14. Smoking (including vaping) is not allowed in City vehicles.
15. Employees are personally responsible for all tickets, citations, or infractions issued for
moving violations or parking violations while using a City vehicle or a personal vehicle
for City business. Except for parking violations, employees should advise their
supervisor of any such tickets, citations, or infractions received.
16. Employees should obey all safety laws and regulations while operating a City vehicle or
a personal vehicle on City business. This would include, but is not limited to, the proper
use of seat belt, the prohibition of texting or e-mail when driving on City business.
Drivers may only talk on the phone when necessary, if using a Bluetooth or other
hands-free connection.
COMMERCIAL DRIVER’S LICENSE (CDL)
City employees must have a valid Commercial Driver’s License (CDL) and/or endorsement in
order to legally operate a commercial vehicle. The CDL holder must also self-certify and carry a
medical examiner’s certificate when driving.
Fire-fighters/law enforcement personnel operating emergency equipment are exempted
provided they have completed the Emergency Vehicle Accident Prevention Program (EVAP)
and they carry a card certifying completion.
A driver of a commercial motor vehicle holding a driver's license issued by Washington state
who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control
in Washington state or any other state or federal, provincial, territorial, or municipal laws of
Canada, other than parking violations, shall notify his or her employer in writing of the conviction
within thirty (30) days of the date of conviction.
A driver whose driver's license is suspended, revoked, or canceled by a state, who loses the
privilege to drive a commercial motor vehicle in a state for any period, or who is disqualified
from driving a commercial motor vehicle for any period, shall notify the City of that fact before
the end of the business day following the day the driver received notice of that fact.
Drivers must immediately report any accident that occurs and/or any notice of infraction or
citation received while operating a vehicle on behalf of the City.
A person who applies to be a commercial motor vehicle driver shall provide the City, at the time
of the application, with the following information for the ten years preceding the date of
application:
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A list of the names and addresses of the applicant's previous employers for which
the applicant was a driver of a commercial motor vehicle.
The dates between which the applicant drove for each employer; and
The reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete. An employer may
require an applicant to provide additional information.
The City will search the FMSC Clearinghouse prior to allowing CDL drivers to begin driving a
commercial motor vehicle. The Clearinghouse will be queried, at a minimum, annually for each
driver. The City will report driver’s drug and alcohol violations to the FMCS Clearinghouse
within three (3) business days after the employer learns of the information.
The City will not allow, require, permit or a authorize a driver who is disqualified to drive a
commercial motor vehicle (49 CFR 383.51). Disqualifying offenses include the revocation,
suspension, withdrawal or denial of an operator’s license, permit or privilege. Other reasons for
disqualification are a conviction for driving a commercial vehicle under the influence of alcohol
(0.04% or more) or drugs, driving while illegally possessing or transporting drugs, leaving the
scene of an accident that resulted in injury or death, or using a commercial vehicle while
carrying out a felony crime.
In addition, if convicted for two serious traffic violations within a three-year period while
operating a commercial vehicle, an individual is disqualified from driving a commercial motor
vehicle for 60 days. A third conviction within three years results in a 120-day disqualification.
These disqualifications also apply if the traffic violations resulting in convictions occurred while
operating a non-commercial vehicle and the convictions resulted in the revocation, cancellation,
or suspension of the individual’s CDL or non-commercial driving privileges. Examples of
serious traffic violations include such things as:
1. Excessive speed (15 mph over posted limit)
2. Reckless driving
3. Negligent driving
4. Texting while driving
5. Improper lane changes
6. Driving a Commercial Motor Vehicle (CMV) without first obtaining a CDL
7. Driving a CMV without a CDL in immediate possession
8. Driving a CMV without the proper class or endorsement for the type of vehicle being
operated
9. Following too closely
10. Violation of a state or local law relating to motor vehicle traffic control, other than a
parking violation, in connection with an accident or collision resulting in a death to any
person.
4.7 CORPORATE CREDIT CARD
Employees who are issued a corporate credit card are to ensure that it is used ONLY for official
business expenditures, not personal expenses.
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The cardholder is responsible for ensuring that the credit card purchases are within budget and
properly approved. Cardholders must maintain physical proof of each credit transaction with the
corporate card and provide an itemized receipt when practicable. Personal charges will not be
made with a City credit card. Any charges that cannot be properly identified or which are not
appropriate to City policies or regulations shall be paid immediately by the user of the card by
cash, check or payroll deduction. Charges to be reimbursed shall include any interest and all
other related charges made by the credit card company. Credible transactions should contain
the following information when appropriate: date of purchase, vendor name, and address,
quantity, unit price, and grand total of expenditures. When applicable, a written notation should
supplement the receipts with the following information: the business purpose and names of
persons in attendance, including their professional titles or affiliation.
The corporate credit card may not be transferred, assigned to, or used by anyone other than the
designated cardholder. The cardholder is accountable for all activity on the corporate credit
card. The City may suspend or cancel cardholder privileges at any time for any reason. The
cardholder will forfeit the credit card upon request to the City or any authorized agent of the card
issuer. The credit card will be returned to the City upon any notification of resignation and the
cardholder must reconcile all expenditures on the credit card since the last credit card
statement. It is the responsibility of the departing cardholder to ensure that the account is settled
prior to departure.
Authorized uses of the City’s credit card are hotel room deposits to hold rooms for authorized
official travel on City business; equipment and supply vendors with which the City does not
currently have an account, are not expected to have an account, or where the requirements of
opening an account would delay a critical purchase or result in less beneficial terms; internet
purchases.
4.8 SUBSTANCE ABUSE
NON-DOT REGULATED POSITIONS
This policy applies to every person in the performance of non-DOT regulated positions. No
employee may use, possess, manufacture, distribute, promote or sell alcohol, any drug or drug
paraphernalia while performing work for the City or while on City property or in a City
vehicle. No employee may report to work, remain on duty, or perform any City business while
impaired by or under the influence of any drug or alcohol. No employee may use City property
or the employee’s position to make or engage in the selling, dispensing, transporting,
distributing, manufacturing, compounding, or promoting of alcohol of drugs.
The use of prescribed or over-the-counter drugs or possession incident to such use is not
prohibited by this policy if the drug has been legally obtained and is being used for the purpose
for which it was prescribed or manufactured; and the drug is being used by the person for whom
it was prescribed at the dosage prescribed or authorized; and the use of the drug is not
inconsistent with the safe and efficient performance of the employee's duties. It is the
employee's responsibility to determine from his/her licensed practitioner, physician, or dentist
whether the prescribed drug would impair their ability to perform the essential functions of their
position. See below regarding reporting requirements.
Regardless of State Laws on recreational and medical marijuana use, marijuana (THC) is a
schedule I prohibited substance as defined by the United States Drug Enforcement Agency and
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is a banned substance under this policy. A positive marijuana test is a violation of this policy. A
violation of this policy shall result in disciplinary action that may include termination.
REPORTING REQUIREMENTS
In accordance with the Drug Free Workplace Act of 1988, an employee who is convicted of any
federal or state criminal drug statute for violation occurring in the workplace shall notify the
Human Resources Department of the conviction no later than five (5) days after such conviction.
The employee is required to immediately notify his or her supervisor of the use of any
prescription medication that may affect the ability to perform duties safely and/or efficiently. The
City may determine that such use is inconsistent with the City’s policy to maintain a safe
workplace and direct the employee to use sick leave until able to safely perform their job. It is
the responsibility of the employee to advise his/her treatment provider of the duties he/she is
required to perform to determine the best form of treatment for the employee and any available
alternatives.
The City may refer any employee to a fitness for duty evaluation by a physician selected by the
City if there are reasonable grounds to question their ability to perform the employee’s job
satisfactorily and safely and/or compliance with this policy. Such evaluation shall be at the
City’s sole expense. An employee may submit any information from the employee’s treating
physician regarding prescribed drugs and potential impact on job performance.
TESTING
Pre-Employment Testing – Applicants who have been given a conditional offer of employment
in a nonregulated, safety-sensitive position may be required to pass a drug and/or alcohol test
prior as a condition of employment. Each applicant subject to this section shall be advised in
writing (generally at the time of application) that pre-employment testing will be conducted to
determine the presence of drugs and/or alcohol in the applicant’s system. An applicant who
refuses to submit or fails the drug and/or alcohol test will not be hired by the City.
Testing Based on “Reasonable Suspicion” – Reasonable suspicion testing is used when
circumstances indicate that an employee may have alcohol and/or drugs present in his or her
system or has otherwise violated this policy. Reasonable suspicion may arise from, among
other factors:
a) Observable phenomenon while at work, such as direct observation of drug or alcohol
use or of the physical symptoms or manifestations of being under the influence of
alcohol or a drug.
b) Abnormal conduct or erratic behavior while at work or significant performance decline, or
changes indicating possible violation of this policy.
c) Information provided either by reliable and credible sources or independently
corroborated.
d) Evidence that an individual has tampered with a drug or alcohol test.
e) Involvement in a workplace, on-the-job incident or vehicular accident or any other
actions which indicate a possible error in judgment or negligence which may be due to
the presence of drugs and alcohol.
f) Arrest or conviction of an alcohol or drug-related offense, or the identification of an
employee as the focus of a criminal investigation into the illegal use, possession, sale,
dispensation, transportation, distribution, manufacture, or promotion of alcohol or a drug.
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While the employee may be relieved of duty at any time because of such concerns, two
supervisory personnel, at least one of whom is trained in detection of the possible symptoms of
drug or alcohol use, shall substantiate, and concur in the decision to test an employee. If
possible, the Human Resources Department should be consulted regarding the decision to test
an employee for reasonable suspicion. An employee who is believed to be impaired by alcohol,
drugs, or other substance shall not be allowed to continue performing their position
responsibilities or drive a vehicle, including a private vehicle, until the condition of the employee
has been determined.
Post-Accident Testing – Following an accident (as defined above) involving an employee, the
driver is required to submit to alcohol and drug tests to their supervisor. Testing should occur
as soon as possible but may not exceed eight hours after the accident for alcohol testing and 32
hours after the accident for drug testing. A driver who is subject to post-accident testing must
remain readily available for such testing and may not take any action to interfere with testing or
the results of testing. Drivers who do not comply with post-accident testing requirement will be
considered to have refused to submit to testing and will be subject to sanctions for refusal to test
as provided in this policy
Refusal to Take Test – Refusal by an employee to submit to a drug and/or alcohol test
authorized by this policy shall be considered insubordination and the same as a “positive” test
result and shall be grounds for discipline, up to an including termination.
Tampering with Test Results —Attempting to falsify drug or alcohol test results is prohibited
and shall be grounds for discipline up to and including termination.
Testing Procedures:
If the City determines that testing is appropriate, the employee will be advised of the reason(s)
for the test.
At the employee's request, the employee shall be given an opportunity to confer with his/her
union representative prior to submitting to a drug and/or alcohol test if such representative is
readily available. Under no conditions shall the availability of a representative cause a test to be
cancelled or unreasonably delayed.
Drug and alcohol testing shall be administered at a facility designated by the City. The City will
provide the employee's transportation to the facility.
The collection and testing of the samples shall be performed only by a laboratory and by a
physician or health care professional qualified and authorized to administer and determine the
meaning of any test results. The employee shall complete appropriate consent forms and
cooperate fully with the testing procedure and staff of the facility.
The testing facility will report the results of the test directly to the City's Human Resources
Director, or his or her designee, and shall indicate whether an employee passes or fails, and/or
state an opinion as to whether the employee is able to return to duty. If an employee tests
positive, the employee may obtain a copy of the test results.
Except as provided herein, all testing results and records will be kept confidential to the extent
permitted by law. The results and records may be made available to the City Manager,
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employee's department head, City Attorney, and other management level City personnel who
are required to know for the purpose of determining appropriate discipline and/or counseling.
The City shall pay for all costs of the test.
An employee who submits to a drug and/or alcohol test will be placed on suspension with or
without pay until the test results are delivered to the Human Resources Director or his or her
designee.
Return to Work:
Following a Negative Result – If the test is negative, the employee should be returned to work
without loss of pay or benefits. However, the employee may still be subject to disciplinary action
arising from the situation and/or behaviors demonstrated which gave rise to the test.
Following a Positive Result – A positive test will result in disciplinary action, up to and including
termination. Should the discipline for a result of a positive test be less than termination, the
employee who has tested positive for drugs or alcohol will not be permitted to return to work until
the employee has passed a drug and/or alcohol test and has been determined to be fit to return
to work by the City. Additionally, if the employee is required to undergo evaluation and/or
rehabilitation, he/she must have the approval of the appropriate rehabilitation program coordinator
to return to work, where applicable. On return, such employee is subject to random testing as
determined by the appropriate substance abuse professional after consultation with the
City. Additionally, any employee allowed to return to work will be required to sign a “Last Chance”
agreement. Employees will utilize their insurance benefits and/or EAP and will be responsible for
any out-of-pocket costs for any follow-up testing.
Refusal to comply with any requirement of this section shall disqualify the employee from
employment with the City, be considered an act of insubordination and result in appropriate
discipline.
Search Notice and Conditions – The purpose of this section is to provide the parameters
under which the City may conduct a search of City property under the control of an employee to
determine whether the employee has committed a violation of this policy. When a supervisor or
manager has reasonable suspicion to believe that an employee possesses alcohol or a drug in
violation of this policy, the supervisor may conduct a search of any property that is owned and
maintained by the City that the employee directly or indirectly controls or uses, including but not
limited to City vehicles, offices, shelves, books, desks, file cabinets, storage furniture,
machinery, clothing owned by the City but not worn at the time the search is conducted, and
other property or equipment in which alcohol or a drug could be stored. Prior to conducting the
search, the supervisor shall consult with the Human Resources Director, or his or her designee,
to determine whether reasonable suspicion exists. An employee may request the presence of
his/her union representative if such representative is readily available. To the degree
appropriate, employee privacy and confidentiality shall be preserved by the City. However,
employees shall have no expectation of privacy as to the work areas and City property
described above. Any substance discovered on City premises in violation of this policy will be
confiscated.
The search of any employee, his or her personal purse, personal handbag, or personal
briefcase, or his or her personally owned vehicle during a criminal investigation shall be
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conducted by a law enforcement officer and shall be outside the scope of this policy. However,
nothing in this policy shall prohibit the City from notifying law enforcement officers in the event
that criminal conduct is discovered during an investigation into a violation of this policy.
Enforcement and Discipline – A violation of this policy may be grounds for immediate
termination. Additionally, law enforcement authorities may be notified if criminal conduct is
suspected.
Rehabilitation and EAP – Subject to the coverage limitations of its benefits programs, the City
offers employees the use of rehabilitative services through the Employee Assistance Program
(EAP) and or medical insurance. Any employee who comes forth and notifies the City of alcohol
or drug abuse problems will be given the assistance extended to employees with any other
illness. Any such program, however, may not interfere with the tests required by these
rules. Moreover, the fact that an employee is chemically dependent does not relieve the
employee in any way from abiding by this policy. In addition, chemically dependent employees
are subject to appropriate disciplinary action up to and including termination if they violate this
policy, do not meet satisfactory general performance standards, conduct requirements, or other
conditions of employment.
Sick leave, vacation leave or leave of absence without pay may be granted for treatment and
rehabilitation as in other illnesses. Insurance coverage for treatment will be provided to the
extent of individual coverage. Confidentiality of information will be maintained as much as
possible at all times.
Privacy – The City recognizes that employee and applicant records and information regarding
substance abuse are extremely sensitive. Accordingly, records of employees receiving
treatment for chemical dependency or other records or information secured regarding
employees or applicants will be maintained and used by the City in confidentiality to the extent
provided by law. The results and records may be made available to the City Manager,
employee's department head, City Attorney, and other management level City personnel who
have a legitimate business reason to know the information. The City will maintain records and
reports as required by appropriate government authorities.
DRUG AND ALCOHOL POLICY FOR DOT REGULATED EMPLOYEES
This policy complies with 49 CFR Part 40, as amended, 49 CFR Part 382, as amended, and
RCW 46.25, as amended. Copies of 49 CFR Parts 382 and 40 can be found on the Internet at
the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance
website http://www.transportation.gov/odapc. A copy of RCW 46.25 may be found on the
Internet at the Washington State Legislature Uniform Commercial Driver's License Act Website
https://app.leg.wa.gov/RCW/default.aspx?cite=46.25.
All covered employees are required to submit to drug and alcohol tests as a condition of
employment in accordance with these regulations.
The unlawful manufacture, distribution, dispensation, possession or use of a controlled
substance is prohibited in the covered workplace. An employee who is convicted of any criminal
drug statute for a violation occurring in or outside of the workplace shall notify Human
Resources no later than five days after such conviction.
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COVERED EMPLOYEES
This policy applies to every person whose position requires the possession of a commercial
driver’s license (CDL); every employee performing a “safety-sensitive function” as defined
below, and any person applying for such positions.
Under FMCSA (49 CFR Part 382), you are a covered employee if you perform any of the
following safety-sensitive functions:
Driving a commercial motor vehicle which requires the driver to have a CDL: (1) Has a
gross combination weight rating or gross combination weight of 11,794 kilograms or
more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a
gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater; or (2) Has a gross vehicle weight rating or gross vehicle
weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or
(3)Is designed to transport 16 or more passengers, including the driver; or (4) Is of any
size and is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which
require the motor vehicle to be placarded under the Hazardous Materials Regulations
(49 CFR part 172, subpart F).
Waiting to be dispatched to operate a commercial motor vehicle
Inspecting, servicing, or conditioning any commercial motor vehicle
Performing all other functions in or upon a commercial motor vehicle (except resting in a
sleeper berth)
Loading or unloading a commercial motor vehicle, supervising or assisting in the loading
or unloading, attending a vehicle being loaded or unloading, remaining in readiness to
operate the vehicle, or giving or receiving receipts for shipments being loaded or
unloaded
Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle
PROHIBITED BEHAVIOR
The following conduct regarding alcohol and drug use or abuse is also prohibited:
An employee may not report for or remain on duty requiring the performance of duties
covered under this policy while having an alcohol concentration of 0.04 or greater.
An employee may not possess or use alcohol while on duty or while operating a
commercial vehicle.
An employee may not report to work or be at work in an impaired condition due to
alcohol. An employee may not operate a commercial vehicle within four hours after
using alcohol. An on-call employee who consumes alcohol within four hours of being
called in must acknowledge the use of alcohol and may not report for duty.
An employee required to take a post-accident alcohol test may not use alcohol for eight
hours following the accident, or until a post-accident alcohol test is given, whichever
comes first.
An employee may not report for duty or remain on duty which requires driving a
commercial vehicle under the influence of any Controlled Substance. Prohibited drugs
include: Marijuana, Cocaine, Phencyclidine (PCP), Opioids and Amphetamines. An
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employee may not report for duty or remain on duty which requires driving a commercial
vehicle when the employee has used a drug or drugs. Employees who are taking a
prescription or over-the-counter medication that may impair their ability to perform their
duties safely and effectively must provide written notice from their physician or
pharmacist with respect to the effects of such substances.
An employee may not refuse to submit to a post-accident, random, reasonable
suspicion, or follow-up alcohol or drug test as directed by this policy. Failure to do so
shall be considered the same as a positive test result.
An employee may not report for duty or remain on duty requiring the performance of
duties covered under this policy if the employee tests positive for a controlled substance
or alcohol.
An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any
testing process required under this policy. Tampering shall be considered the same as a
positive test result.
No employee may manufacture, distribute, dispense, possess, use or sell drugs or
alcohol in the workplace, while on duty, or while performing City business.
CONSEQUENCES FOR VIOLATIONS
FMCSA Consequences
Following a positive drug or alcohol (BAC at or above 0.04) test results or test refusal, the
employee will be immediately removed from the safety-sensitive duty and referred to a
Substance Abuse Professional (SAP) in accordance with 49 CFR Part 40, Part 382 and RCW
46.25, et al.
Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately
removed from safety-sensitive duties until the start of the employee’s next regularly scheduled
duty period, but not less than 24 hours following administration of the test.
An employee will be subject to appropriate disciplinary action as specified in the appropriate
collective bargaining agreement and the Corrective and Disciplinary Action Policy, up to and
including termination from employment if:
1. the employee tests positive for a controlled substance or drug;
2. results from an alcohol test indicate a blood alcohol level of 0.02 or greater; and/or,
3. the employee has engaged in prohibited conduct as outlined above.
All employees, regardless of disciplinary action taken, will be advised of resources available to
the employee in evaluating or resolving problems associated with drug use or alcohol misuse.
The following provisions apply to those employees who are not terminated for their policy
violations:
If an employee tests positive for drugs or has an alcohol test that indicates a blood alcohol level
of .04 or greater from a random, reasonable suspicion or post-accident test, or engages in
prohibited conduct as outlined above, the employee will be immediately removed from duties
requiring the driving of a commercial vehicle. The employee will not be permitted to return to
work unless he/she:
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1. has been evaluated by a qualified Substance Abuse Professional; and,
2. if recommended by a Substance Abuse Professional, has properly followed any
rehabilitation prescribed; and,
3. has a verified negative result on a return-to-duty alcohol (<0.02) and/or drug test.
Upon completion of a recommended rehabilitation program and successful return to work, an
employee will be subject to follow-up random testing for up to sixty (60) months as recommended
by the Substance Abuse Professional and the City, with a minimum of six (6) such unscheduled
tests within the first twelve (12) months of returning to duty. Additionally, any employee allowed
to return to work will be required to sign a “Last Chance” agreement. Employees will utilize their
insurance benefits and/or EAP and will be responsible for any out-of-pocket costs for any follow-
up testing.
Refusal to comply with any requirement of this section shall disqualify the employee from
employment with the City, be considered an act of insubordination and result in appropriate
discipline.
Employees having a breath alcohol concentration of at least 0.02 but less than 0.04 shall be
removed from duty requiring the driving of a commercial vehicle for at least 24 hours.
CIRCUMSTANCES FOR TESTING
Pre-Employment Testing
All individuals who are covered by this policy must pass a drug/alcohol test as a post-conditional
offer condition of employment or transfer to an available position not covered by this policy for
which they are qualified. In accordance with 49 C.F.R. Part 40, Section 655.41(a) (2) when a
covered employee or applicant has previously failed or refused a pre-employment drug test
administered under this section, the employee must provide the City proof of having
successfully completed a referral, evaluation and treatment plan as described in 49 C.F.R. Part
40 Section 655.62 before being eligible to reapply.
If a covered employee has not performed a safety-sensitive function for thirty (30) or more
consecutive calendar days and has not been in the random testing pool during that time, the
employee must take and pass a pre-employment test before he or she can return to a safety-
sensitive function.
A covered employee or applicant who has previously failed or refused a DOT pre-employment
drug and/or alcohol test must provide proof of having successfully completed a referral,
evaluation, and treatment plan meeting DOT requirements.
FMCSA Drug Testing Exceptions
A driver is not required to undergo a pre-employment test if:
(1) The driver has participated in a DOT testing program within the previous thirty (30)
days; and
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(2) While participating in that program, either:
(i) Was drug tested within the past six months (from the date of application
with the City, or
(ii) Participated in the random drug testing program for the previous twelve
(12) months (from the date of application with the City); and
(3) The City can ensure that no prior employer of the driver of whom the City has
knowledge has records of a violation of this part or the controlled substances use
rule of another DOT agency within the previous six (6) months.
Reasonable Suspicion Testing
All DOT covered employees shall be subject to a drug and/or alcohol test when the City has
reasonable suspicion to believe that the covered employee has used a prohibited drug and/or
engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained
supervisor or other trained company official on the basis of specific, contemporaneous,
articulable observations concerning the appearance, behavior, speech, or body odors of the
covered employee.
Covered employees may be subject to reasonable suspicion drug testing any time while on
duty. Covered employees may be subject to reasonable suspicion alcohol testing while the
employee is performing safety-sensitive functions, just before the employee is to perform safety-
sensitive functions, or just after the employee has ceased performing such functions.
If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not
administered within eight (8) hours, the employee will not be allowed to perform or continue to
perform covered functions until:
1. an alcohol test is administered and the driver's breath alcohol concentration measures
less than 0.02; or
2. Twenty-four (24) hours have elapsed following the determination that there is reasonable
suspicion to believe that the employee has violated this policy concerning the use of
alcohol.
Post-Accident Testing
DOT FMCSA Procedures
Covered employees shall be subject to FMCSA post-accident drug and alcohol testing under
the following circumstances:
Fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle
operating on a public road in commerce, and involving the loss of a human life, drug and
alcohol tests will be conducted on each surviving covered employee who was performing
safety-sensitive functions with respect to the vehicle.
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Non-fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle
operating on a public road in commerce, and not involving the loss of a human life, an
alcohol test will be conducted on each driver who receives a citation within eight (8)
hours of the occurrence under State or local law for a moving traffic violation arising from
the accident, if:
The accident results in injuries requiring immediate medical treatment away from the scene; or
one or more motor vehicles incur disabling damage and must be transported away from the
scene by a tow truck or other motor vehicle.
As soon as practicable following an occurrence involving a commercial motor vehicle operating
on a public road in commerce, and not involving the loss of a human life, a drug test will be
conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence
under State or local law for a moving traffic violation arising from the accident, if:
The accident results in injuries requiring immediate medical treatment away from the scene; or
one or more motor vehicles incur disabling damage and must be transported away from the
scene by a tow truck or other motor vehicle.
A covered employee subject to post-accident testing must remain readily available, or it is
considered a refusal to test. Nothing in this section shall be construed to require the delay of
necessary medical attention for the injured following an accident or to prohibit a covered
employee from leaving the scene of an accident for the period necessary to obtain assistance in
responding to the accident or to obtain necessary emergency medical care.
Drivers who do not comply with post-accident testing requirements will be considered to have
refused to submit to testing and will be subject to sanctions for refusal to test as provided in this
policy.
Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for
administering random tests are spread reasonably throughout the calendar year. Random
testing will be conducted at all times of the day when safety-sensitive functions are performed.
Testing rates will meet or exceed the minimum annual percentage rate set each year by DOT
FMCSA. The current year testing rates can be viewed online at
http://www.transportation.gov/odapc/random-testing-rates. If a given driver is subject to random
testing under the rules of more than one DOT agency, the driver will be subject to random drug
and alcohol testing at the annual percentage rate established by the DOT agency regulating
more than 50% of the driver’s function.
The selection of employees for random drug and alcohol testing will be made by a scientifically
valid method, such as a random number table or a computer-based random number generator.
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Under the selection process used, each covered employee will have an equal chance of being
tested each time selections are made.
A covered employee may only be randomly tested for alcohol misuse while the employee is
performing safety-sensitive functions, just before the employee is to perform safety-sensitive
functions, or just after the employee has ceased performing such functions. A covered
employee may be randomly tested for prohibited drug use anytime while on duty.
Each covered employee who is notified of selection for random drug or random alcohol testing
must immediately proceed to the designated testing site.
Return to Duty Testing
Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit
to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional
(SAP), complete an SAP-required program of education and/or treatment, provide a negative
return-to-duty drug and/or alcohol test result, and sign a Last Chance Agreement. All tests will
be conducted in accordance with 49 CFR Part 40, Subpart O.
Follow-up Testing
Employees returning to safety-sensitive duty following leave for substance abuse rehabilitation
will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of
one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to
account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol),
number, and frequency of such follow-up testing shall be directed by the SAP. All testing will be
conducted in accordance with 49 CFR Part 40, Subpart O, but will not be less than six (6) tests
in the first twelve (12) months following the employee's return to driving duty. The employee
must also comply and remain in compliance with all SAP prescribed/recommended
rehabilitation and/or treatment programs.
Employees who test positive for drugs may request a second test of the remaining portion of the
split sample within seventy-two (72) hours of notification of a positive test result by the Medical
Review Officer.
SECURING INFORMATION FROM PREVIOUS EMPLOYERS
If a person is to be hired into a position subject to this policy and during the previous two (2)
years has worked as a driver of a commercial vehicle, that person must authorize a request of
all employers of the driver within the past two (2) years to release information on the following:
1. Positive alcohol or drug tests
2. Refusal to be tested
This information must be obtained before the person is employed by the City. However, if the
information has not arrived by the anticipated start date, and if the person has passed the pre-
employment drug test, the person may be hired, and the requested information must be
obtained from the previous employers within fourteen (14) calendar days of the date of hire. If
the information has not been received within the fourteen (14) calendar days, after fourteen (14)
days the person will not be permitted to drive commercial vehicles until the information has
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arrived. If the information obtained from the previous employer indicates either a positive test or
that a refusal to be tested occurred within the past two (2) years, that person will not be
permitted to drive commercial vehicles unless subsequent information indicates that an
evaluation by a Substance Abuse Professional was made and return to duty testing was
administered.
CONFIDENTIALITY AND RECORD RETENTION
All records related to drug and alcohol testing will be maintained in a secure location with
controlled access. These records will be kept separate from records pertaining to all other
employees.
TESTING PROCEDURES
All DOT FMCSA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40,
as amended.
Dilute Urine Specimen
If there is a negative dilute test result, the City will conduct one additional retest. The results of
the second test will be the test of record.
Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or
equal to 5 mg/dL will require an immediate recollection (as indicated on the MRO result letter).
The re-collection will be conducted under direct observation as required under 49 CFR Part 40.
Split Specimen Test
In the event of a verified positive test result, or a verified adulterated or substituted result, the
employee (and only the employee) can request to the MRO that the split specimen be tested at
a second laboratory. The City guarantees that the split specimen test will be conducted in a
timely fashion. It is the responsibility of the employee to cover all costs associated with the
testing of a split specimen.
TEST REFUSALS
As a covered employee, you have refused to test if you:
1. Fail to appear for any test (except a pre-employment test) within a reasonable time, as
determined by the City.
2. Fail to remain at the testing site until the testing process is complete. An employee who
leaves the testing site before the testing process commences for a pre-employment test
has not refused to test.
3. Fail to attempt to provide a breath or urine specimen. An employee who does not
provide a urine or breath specimen because he or she has left the testing site before the
testing process commenced for a pre-employment test has not refused to test.
4. In the case of a directly observed or monitored urine drug collection, fail to permit
monitoring or observation of your provision of a specimen.
5. Fail to provide a sufficient quantity of urine or breath without a valid medical explanation.
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6. Fail or decline to take a second test as directed by the collector or the City for drug
testing.
7. Fail to undergo a medical evaluation as required by the MRO or the City’s Designated
Employer Representative (DER).
8. Fail to cooperate with any part of the testing process.
9. Fail to follow an observer’s instructions to raise and lower clothing and turn around
during a directly observed test.
10. Possess or wear a prosthetic or other device used to tamper with the collection process.
11. Admit to the adulteration or substitution of a specimen to the collector or MRO.
12. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
13. Fail to remain readily available following an accident.
As a covered employee, if the MRO reports that you have a verified adulterated or substituted
test result, you have refused to take a drug test.
As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same
consequences as testing positive and will be immediately removed from performing safety-
sensitive functions and referred to an SAP. A violation of this policy shall result in disciplinary
action that may include termination.
DOT-FMCSA CLEARINGHOUSE
The Clearinghouse is a centralized database that employers will use to report drug and alcohol
program violations and to check that current or prospective employees are not prohibited from
performing safety-sensitive functions, such as operating a commercial motor vehicle (CMV), due
to an unresolved drug and alcohol program violation—that is, a violation for which the driver has
not completed the return-to-duty (RTD) process. This query must be conducted as part of a pre-
employment driver investigation, and at least annually for current employees. The driver’s
commercial driver’s license (CDL) number and issuing State will be used when reporting a drug
and alcohol program violation in the Clearinghouse.
The Clearinghouse will contain records of violations of drug and alcohol prohibitions in 49 CFR
Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a
driver completes the return-to-duty (RTD) process and follow-up testing plan, this information
will also be recorded in the Clearinghouse.
Drivers are not required to register for the Clearinghouse. However, a driver will need to be
registered to provide electronic consent in the Clearinghouse if a prospective or current
employer needs to conduct a full query of the driver’s record. A driver must also be registered to
electronically view the information in his or her own Clearinghouse record.
Any covered employee refusing to provide consent for the City to conduct a limited query of the
Clearinghouse will be prohibited from performing safety-sensitive functions, including driving a
commercial motor vehicle (CMV), as required by FMCSA drug and alcohol program regulations.
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VOLUNTARY SELF-REFERRAL
DOT FMCSA Procedures
Any covered employee who has a drug and/or alcohol abuse problem and has not been
selected for reasonable suspicion, random or post-accident testing or has not refused a drug or
alcohol test may voluntarily refer her or himself to the Human Resources Department, who will
refer the individual to a substance abuse counselor for evaluation and treatment. A self-referral
is not a violation of this policy and will not, in itself, be grounds for termination.
The substance abuse counselor will evaluate the employee and make a specific
recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily
seek professional substance abuse assistance before any substance use or dependence affects
job performance.
Any safety-sensitive employee who admits to a drug and/or alcohol problem will immediately be
removed from his/her safety-sensitive function until successful completion of a prescribed
rehabilitation program. Prior to participating in a safety-sensitive function, the employee must
also undergo a DOT return-to-duty drug test with a verified negative result and/or a return-to-
duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
PRESCRIPTION DRUG USE
The use of prescribed or over-the-counter drugs or possession incident to such use is not
prohibited by this policy if the drug has been legally obtained and is being used for the purpose
for which it was prescribed or manufactured; and the drug is being used by the person for whom
it was prescribed at the dosage prescribed or authorized; and the use of the drug is not
inconsistent with the safe and efficient performance of the employee's duties. It is the
employee's responsibility to determine from his/her licensed practitioner, physician, or dentist
whether the prescribed drug would impair their ability to perform the essential functions of their
position.
The employee is required to immediately notify his or her supervisor of the use of any
prescription medication that may affect the ability to perform duties safely and/or efficiently. The
City may determine that such use is inconsistent with the City’s policy to maintain a safe
workplace and direct the employee to use sick leave until able to safely perform their job. It is
the responsibility of the employee to advise his/her treatment provider of the duties he/she is
required to perform to determine the best form of treatment for the employee and any available
alternatives.
The City may refer any employee to a fitness-for-duty evaluation by a physician selected by the
City if there are reasonable grounds to question their ability to perform the employee’s job
satisfactorily and safely and/or compliance with this policy. Such evaluation shall be at the
City’s sole expense. An employee may submit any information from the employee’s treating
physician regarding prescribed drugs and potential impact on job performance.
Regardless of State Laws on recreational and medical marijuana use, marijuana (THC) is a
schedule I prohibited substance as defined by the United States Drug Enforcement Agency and
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is a banned substance under this policy. A positive marijuana test is a violation of this policy. A
violation of this policy shall result in disciplinary action that may include termination.
CONTACT PERSON
For questions about the City’s anti-drug and alcohol misuse program, contact Human Resources.
4.9 ACCIDENT PREVENTION AND SAFETY
It is the City’s intent to provide safe working conditions for its employees. Every employee is
responsible for maintaining a safe work environment and following city, state and federal safety
policies.
Employees shall promptly report all unsafe or potentially hazardous conditions to their
supervisor. The City will make every effort to remedy problems as quickly as possible. The City
encourages the promotion of accident prevention and safety education at regular
department/division safety meetings. Employees in certain jobs or when performing certain
tasks, operating equipment or as otherwise instructed, are required to use personal protective
equipment provided by the City, such as safety vests/glasses, hearing protection, gloves and/or
hard hats. Employees are prohibited from removing guards or other protective devices from
machinery and equipment or in any way tampering with or disabling safety measures. Violations
of safety requirements may result in discipline, up to and including termination.
In case of an accident involving personal injury or damage to property, regardless of how minor
or if a motor vehicle is involved in a collision of any kind, any involved employees shall
immediately notify their supervisor or department director or designee. In any accident that
results in serious property loss or bodily injury, it is the City’s policy to test the employee for
drugs or alcohol use, to confirm that the use of drugs or alcohol was not a factor in the accident.
In addition, no City employee is permitted to engage in conduct after an accident or injury
occurs, that will negatively impact the City’s or law enforcement’s investigation of the accident.
On the Job Employee Injuries: When an on-the-job injury occurs, employees are to report to
their immediate supervisor each injury or illness regardless of the degree of severity. As soon as
possible after an accident or occupational illness is discovered, the employee must complete
the City’s online Incident Report form and notify the Human Resources Department within
twenty-four (24) hours that the form was submitted. If applicable, the employee is responsible
for completing the Washington State Labor and Industries claim form. Supervisors are required
to complete the supervisor portion of the accident report form. Should the injury require attention
beyond basic first aid, the employee should have his or her treating physician complete the
applicable portion of the Washington State Labor and Industries Claim form. Injured employees
must submit physician time loss certification to their Department Director or designee and if
absent from work for more than seven (7) days, contact his or her Department Director or
designee once a week or as otherwise required to keep the City informed of their condition,
progress and intent to return to work. The injured employee’s Department Director or designee
shall immediately forward the original completed time loss certification to Human Resources.
Accidents/Incidents: Employees shall report any work-related accidents involving a third-party
personal injury and/or damage to public/private property or equipment, regardless of how minor,
to their immediate supervisor, Department Director and Human Resources. Such report shall be
made as soon as possible, but in no event later than one (1) hour following such accident. So
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that an accident may be timely reported, the initial report may be given verbally. As soon as
possible, the employee must complete the City’s online Incident Report form and, unless the
employee is medically unable to, no later than twenty-four (24) hours following the accident, or
sooner if required by the employee’s Department Director or Human Resources. Employees
shall compile any reports requested by their supervisor, Department Director and/or Human
Resources. In the case of a vehicular accident, the employee shall immediately notify the law
enforcement agency having jurisdiction, which shall determine whether or not an accident
investigation and/or police incident report is necessary. If required, a State Motor Vehicle
Collision Report shall be completed by the employee.
Bloodborne Pathogens: Since being exposed to a bloodborne pathogen may lead to
sicknesses (such as hepatitis or HIV), and because the City wishes to assure its employees a
safe and healthy work environment, it is the policy of the City to comply with all statutory
obligations for the prevention of exposure to bloodborne pathogens.
4.10 PROFESSIONAL APPEARANCE
Employees shall dress neatly and appropriately for the type of work engaged in and are
expected to exhibit a professional appearance. A professional appearance is essential to a
favorable impression with the public and good grooming and appropriate dress reflect employee
pride and inspire confidence.
Employees shall be neat, clean, and well groomed.
Attention shall be given to appropriate work attire. Office employees shall dress
appropriately for a business office. Suits, slacks, dresses, skirts, shirts, blouses,
sweaters, and shoes shall be worn which are appropriate for public contact and the type
of work performed.
Regardless of work environment, clothing shall be maintained in good condition and
shall be neat, clean, and pressed.
Friday is designated as a business casual day. Attire on designated casual days should
still be professional and appropriate. Jeans are allowed and must be clean, not faded,
frayed, or torn. Shoes must be of a business casual nature. Employees will be allowed to
wear suitable clothing with appropriate sports team logos on Fridays.
The City Manager may suspend casual Friday in his/her sole discretion with or without
notice.
There may be additional days (wellness events, special events, etc.) that the City
Manager may designate as a casual day.
Employees whose job duties include working outdoors may dress appropriately when
working outdoors for weather conditions and type of work. Business casual as outlined in
this policy is still required.
Examples of inappropriate attire may include, but is not specifically limited to:
Apparel with logos that may be deemed offensive or inappropriate (inappropriate
pictures, inappropriate verbiage)
Apparel that is too revealing, or otherwise draws excessive attention to one's self
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Camouflage or jeans/pants below the waistline that show undergarments
Ragged or torn clothing of any kind
Athletic Apparel
The City prohibits any facial piercings (except for a modest nose stud), tongue piercings, and
ear gauges; they must be removed during the business day. Also, prohibited are tattoos above
the collar bone, or any visible tattoos and/or jewelry that are offensive. "Offensive" tattoos or
jewelry include, but are not limited to, any tattoo, decal or charm depicting nudity, violence,
sexually explicit or vulgar art or words, or that is objectionable or demeaning to the image of the
City. In general, if the City's harassment policy would prohibit the speaking of the words or
display of the art in the workplace, then the tattoos or jewelry may not be visibly worn at work.
Hair color should be worn in a businesslike manner so as not to distract fellow employees and
the public while conducting the business of the City.
Perfumes and colognes should not be excessive so as not to disturb fellow employees and the
public who may be sensitive to fragrances.
Supervisors/Managers should communicate their department's workplace attire and appearance
guidelines to staff during the new employee orientation period and on an as-needed basis for
employees needing additional guidance and/or correction. Any questions about the
department's guidelines for attire should be discussed with the immediate supervisor or
department head.
Special requests or medical exceptions may be granted upon approval of the Department
Director. The City will accommodate employees who require particular grooming or attire
because of sincerely held religious beliefs; provided the accommodation does not create an
undue hardship or violation of a safety practice. Employees seeking an accommodation should
submit their request to their supervisor or department head.
Employees are responsible for ensuring their personal appearance meets the guidelines set
forth in this policy and is appropriate for work. Any employee who does not meet the standards
will be required to take the specified corrective action, which may include being asked to go
home and change clothing. Non-exempt employees will not be compensated for any work time
missed because of failure to comply with the workplace attire standards. Violation of this policy
may result in disciplinary action, up to and including termination.
Department Directors are responsible for oversight and enforcement of this policy in their
respective departments and shall have full discretion to resolve matters within their
departments, consistent with the guidance provided by the City Manager.
4.11 ACCEPTANCE OF GIFTS
No City employee shall solicit or accept, directly or indirectly, any gift, loan, favor, retainer,
entertainment or other thing of monetary value from any person, firm, or corporation having
dealings with the City when such acceptance would conflict, or create the appearance of a
conflict, with the performance of the employee's duties. Provided, this policy shall not prohibit:
Attendance at a hosted meal provided in conjunction with a meeting, seminar,
conference, etc. which relates directly to City business, or which is attended as a staff
representative.
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An occasional non-money gift having a monetary value of $50.00 or less when the gift is
offered without obligation or the appearance of obligation, per your department's policy.
An award publicly presented in recognition of public service.
Any gift which would have been offered or given to the employee regardless of City
employment.
Employees shall report the receipt of all gifts to their department head who will, in turn, report
the gift to the City Manager.
4.12 DISPUTE RESOLUTION
The City expects employee dissatisfaction and concerns to be resolved promptly, informally and
at the lowest supervisory level able to handle the matter where possible. This policy and
procedure provide a dispute resolution procedure whereby: (1) the causes of a dispute can be
informally addressed (supervisors and employees are expected to resolve problems as soon as
they arise); and (2) if a resolution is impossible at an early stage, employees feel confident that
no retaliatory action will be taken due to the employee's use of this procedure.
STEP ONE - ORAL PRESENTATION OF DISPUTE TO THE SUPERVISOR
The employee or group of employees may informally present a dispute to their immediate
supervisor orally within ten (10) calendar days from the date the act or incident occurred or the
date the employee(s) should have reasonably become aware of the act or incident. The
employee and supervisor are encouraged to discuss the issue(s) in an open manner and to
reach a mutually satisfactory solution. The employee and supervisor may invite an impartial
person to assist them in resolving the matter. Any disputes or concerns regarding violation of
the City's harassment policy should be addressed using the procedure set forth in that policy.
STEP TWO - WRITTEN APPEAL TO THE DEPARTMENT HEAD
If the dispute is not settled in Step One, the employee may submit the appeal in writing to the
department head within five (5) working days from the date of receipt of the supervisor’s
response to the oral appeal. To be considered valid, a written complaint must include all of the
following:
1. The specific provision of the Moses Lake Personnel Policies the employee contends
has been violated.
2. A statement of facts describing the alleged violation.
3. The date of the alleged violation.
4. Witnesses to the alleged violation; and
5. The requested remedy.
The department head will reply in writing within a reasonable time, generally not more than ten
calendar days after receipt of the written dispute, not including the day received. The decision of
the department head shall not act as precedent or bind the City as to how future disputes may
be handled.
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STEP THREE - WRITTEN APPEAL TO THE CITY MANAGER
If the appeal is not settled in Step Two, the written appeal may be presented along with
pertinent correspondence, records and information accumulated to date to the City Manager
within ten (10) calendar days after the department head’s written response is given. The City
Manager may meet with all individuals involved with the dispute and related proceedings. The
City Manager will reply within a reasonable time, generally not more than ten (10) calendar days
after receipt of the grievance or the date of the meeting with the City Manager. The decision of
the City Manager is final and binding on the employee or group of employees, the supervisor,
and the Department Director/Manager concerned. The City Manager may appoint a hearing
officer, a neutral panel, or other representative(s) to conduct the process as outlined in Step
Three.
TIME LIMITS
The time limits prescribed in this section for the initiation and completion of the steps of the
procedure may be extended by mutual consent of the parties involved. Any step in the
procedure may be eliminated by mutual consent. Mutual consent shall be in writing and shall be
signed by all parties involved.
COLLECTIVE BARGAINING AGREEMENTS AND/OR CIVIL SERVICE
Employees covered by the provisions of a collective bargaining agreement shall not use this
policy and procedure but shall instead use the applicable grievance procedures in the collective
bargaining agreement. Employees represented by a bargaining unit or who are covered under
Civil Service rules should follow the grievance procedure set forth in their respective labor
contract or in applicable Civil Service rules where applicable. In all other cases, the complaint
procedure described in this chapter is to be used. An employee may file a grievance or a
complaint, but not both, on any issue that is addressed in this manual and in a labor contract or
Civil Service rule.
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CHAPTER 5 - EMPLOYEE DEVELOPMENT
5.1 PERFORMANCE EVALUATIONS AND DISCUSSIONS
PURPOSE
The City aspires to train, promote, and retain the best qualified individuals for every position. In
support of this aspiration, in addition to ongoing informal monitoring and feedback regarding
each employee’s performance, each supervisor is expected to formally evaluate individual
performance at least once each year. While the City deems performance evaluations as
valuable, the City has no obligation to complete performance evaluations prior to discipline or
termination of at-will employees.
The goals of formal performance appraisals are:
To provide an opportunity for supervisors and employees to discuss the employee's
performance relative to job requirements and to set objectives for future performance.
To promote professional growth and development of employees and identify training
needs; and
To provide documentation for personnel decisions, such as discretionary wage
adjustments and the completion of probation.
GUIDELINES
A formal performance appraisal includes completion and signing of an approved performance
evaluation by the supervisor, an interview in which the supervisor provides the employee with
the written evaluation and answers questions, and an opportunity for the employee to respond
in writing to the evaluation. An employee self-evaluation form may be offered to be completed
by the employee at least two weeks prior to the actual performance review and may be used as
a tool by the supervisor when evaluating the employee’s performance.
ANNUAL PERFORMANCE EVALUATIONS
An annual performance evaluation is a formal discussion on job performance to include
employee strengths and weaknesses, goals attained, and areas needing improvement. If the
employee receives a satisfactory performance evaluation a, PAF will be created for
advancement to the next salary step increment in accordance with the current pay plan, if
applicable.
Employee’s Responsibilities
Employees are responsible for ensuring that their job duties, performance standards, and goals
are clearly understood and to seek clarification during the annual performance period if there is
a question. Employees shall document their accomplishments for the period in review.
Employees may also document progress toward accomplishment of goals and/or set written
goals for the upcoming review period to be discussed with their supervisor.
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Supervisor's Responsibilities
The employee's immediate supervisor completes the performance appraisal form and conducts
the appraisal interview on a timely basis. If an employee has worked under more than one
supervisor during the evaluation period, then the employee's current supervisor consults with
previous supervisors before completing the performance appraisal.
FREQUENCY OF OTHER PERFORMANCE DISCUSSIONS
Goal-Setting Discussions
The goal-setting discussion is to be used to establish job duties, expectations, and goals for
performance over the next evaluation period.
Progress Reviews
A progress review is an informal discussion to assess the employee’s performance during the
year. It is an opportunity to adjust goals and to discuss any areas of concern identified. The
progress review time frame is generally at a 6-month interval (mid-year and annual). A more
frequent evaluation may be determined by the supervisor, but it is suggested to occur quarterly.
Probationary Evaluations
It is the City’s goal to conduct a probationary evaluation for all newly hired employees to assess
their performance and to formally acknowledge regular-status employment or need to extend
the probationary period. A completed probationary performance evaluation form and a
Personnel Action Form (PAF) are required. The probationary evaluation is not normally for pay
review; however, advancement to the next step increment may be granted, when authorized by
the approved budget and approval is granted by the City Manager. Such a pay step increase
would be recommended by the Human Resources Department, and the employee’s supervisor
and granted by the City Manager and shall follow the current pay plan.
Promotional Evaluations
It is the City’s goal to conduct a promotional evaluation for all newly promoted employees to
assess their performance and to formally acknowledge successful completion of the
probationary period. Annual performance evaluations will be conducted twelve (12) months
from the promotion date.
5.2 EMPLOYEE RECOGNITION
The City will provide funds to support employee awards and recognition programs within the
limitations of the annual budget.
Length of Service Recognition Award shall consist of a year pin or other service recognition and
may also include an appropriately worded certificate, or another award signed by the Mayor,
City Manager, or the employee's Department Director/Manager. All employees who have been
employed with the City for 5, 10, 15, 20, 25, 30, and 35 or more years respectively (not inclusive
of temporary time) will be invited to a scheduled City Council meeting and the Mayor will be
asked to present the employee(s) with an appropriate award indicating the number of years of
service.
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To further recognition programs, the City Manager may authorize events funded by the City for
all employees, provided that the City shall not pay for alcoholic beverages.
5.3 PROFESSIONAL ASSOCIATIONS AND CERTIFICATIONS
The City may pay directly or reimburse an employee for professional certifications,
subscriptions, and professional associations dues if doing so is in the best interest of the City,
with the recommendation of the Department Directors and approval of the City Manager.
5.4 TRAINING
The City encourages employees to obtain additional training and education to increase their job
knowledge and skills. The City Manager will designate a certain training budget per department,
and training shall be allocated at the direction of the Department Director.
Under the provision of the Fair Labor Standards Act, training time outside of regular working
hours is generally non-compensable when the training is not required by the City or when the
training or follow-up training is required for certification of employees by state, county or federal
law.
The City will compensate employees for mandatory training held outside of regular working
hours as required by state and federal law. Training sessions may be held during regular work
hours at the discretion of the Department Director.
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CHAPTER 6 - ATTENDANCE AND HOURS OF WORK
6.1 CITY BUSINESS HOURS – ESTABLISHED WORK WEEK
The City recognizes that to be of service of the public, regular office hours and a designated
work week must be established. In recognition of this, normally scheduled business hours for
all departments are Monday through Friday, 8:00 a.m. to 5:00 p.m. for non-emergency, routine
business matters, excluding holidays. Schedules may vary as otherwise determined by the City.
The established work week is Monday 12:01 a.m. to Sunday 12:00 midnight unless otherwise
defined for a flexible work schedule.
6.2 TELECOMMUTING
Telecommuting is supported as an alternative work arrangement based upon the essential
functions of a position and allows the City to implement telecommuting arrangements where
appropriate for eligible employees.
When evaluating a request to work remotely, the City will consider the following:
Nature of employee’s position and extent to which duties can be performed effectively
while working remotely
Operational needs, including the impact of the arrangement on other staff members
Employee’s ability to work independently
Equipment needs
Home workspace conditions, including those affecting safety and security
Remote work location
Other factors relevant to a particular situation
Where feasible, teleworking may help attract and retain a talented work force, improve
productivity and job satisfaction, increase customer service, enhance work/life balance, as well
as decrease operating costs.
Each teleworking arrangement is considered on a case-by-case basis, and each employee must
meet and maintain eligibility requirements. Teleworking employees must comply with all City
policies and consistently meet the performance and behavioral standards of their respective
position.
Telecommuting is not a right and requires prior approval of the Department Director and the City
Manager. The City or employee may discontinue the telecommuting arrangement at any time
without advance notice.
Telecommuting may be temporary or long-term according to a set schedule of working away
from the office as described below. The Director/Manager or employee can suggest remote
work as a possible work arrangement. Remote work arrangements will be on a trial basis for
the first three months. The trial basis may be discontinued at any time at the request of either
the employee or the city. After the trial period and to accommodate commuting, childcare, or
other issues that may arise from a sudden schedule change, the City will endeavor to provide
30 days’ notice of a discontinuation of the remote work arrangement. There may be instances,
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however, when less or even no notice will occur. Communication between the employee and
his/her supervisor is necessary to ensure any remote work changes are known.
If the employee and Director/Manager agree, and the City Manager concurs, a Telecommuting
Agreement Non-Exempt Employee will be prepared and signed by all parties, commencing the
three-month trial period.
Employees may request Telework by contacting their Department Director/Manager.
6.3 MEAL PERIODS AND BREAKS
Non-exempt employees are entitled to a middle of the workday unpaid lunch break of a
minimum of 30 minutes per day. Non-exempt employees are also entitled to a paid 10-minute
break for every four hours of working time. Where the nature of the work permits intermittent
rest periods equivalent to ten minutes every four hours, scheduled rest periods are not required.
Break periods cannot be accrued or waived. If you do not believe you are receiving adequate
rest periods or a meal period during your workday, please promptly advise your supervisor.
6.4 LACTATION BREAKS
Additionally, for up to two years following childbirth, employees who are nursing mothers are
entitled to unpaid breaks during the workday for the purpose of expressing breast milk. These
breaks will be paid to the extent they run concurrently with the above-referenced daily breaks.
The City will support breastfeeding by adapting, whenever possible, work schedules to
accommodate breastfeeding staff. Most nursing mothers typically require reasonable breaks
(i.e. 15 to 30 minutes duration) to express milk. These breaks should normally coincide with the
employee’s regular scheduled break with brief extensions as needed. Staff may request in
writing, a flexible schedule to breastfeed or pump. Requests shall be made with adequate
advance notice to allow for the necessary schedule adjustments. The City will provide a quiet,
private location for this purpose, with onsite refrigeration if facilities allow.
Within the limitations of the current collective bargaining agreement and other policies and
procedures, and with respect to work unit needs, the breastfeeding employee’s schedule can be
adapted to provide consistent breaks allowing adequate time for pumping and/or nursing. If
necessary, the lunch hour may be modified or the beginning and/or ending of the workday may
be adjusted to accommodate longer breaks to ensure a full workday.
Please contact the Human Resources Director to make appropriate arrangements if you need
nursing breaks.
Use of Paid Leave – employees may use their vacation, floating holiday, or comp time if they
need to take lactation breaks outside of the normal paid breaks. If the employee does not have
accrued leave time available to use, the employee can take unpaid time.
6.5 OVERTIME/COMSPENSATORY TIME
Employees who meet the definition of executive, professional, administrative, or computer
professional in accordance with the Fair Labor Standards Act and Washington Minimum Wage
Act are Exempt from this policy. Exempt employees are paid a salary for all hours worked and
do not receive overtime pay or compensatory time in lieu of hours worked more than 40 hours
per week. Exempt employees will not be subject to pay deductions for partial day absences of
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four hours or less (e.g., personal time off for errands or appointments), but will be required to
deduct from their accrued leave bank for any full day absences or partial day absences of four
(4) hours or less, if the employee did not work at least four (4) hours. Exempt employees who
have exhausted their leave banks will receive a reduction in their salary for full day or partial day
personal absences due to principles of public accountability. Exempt employees must maintain
good work habits, be accountable, and regularly available during working hours.
Employees who meet the FLSA definition of non-exempt, and who work more than 40 actual
work hours in a work week, will be granted compensatory time (comp time) or paid overtime.
Compensatory time or overtime will accrue at the rate of 1.5 times the hours worked more than
40 actual work hours per week. Work performed beyond 40 hours a week must have prior
written approval from the Department Director/Manager. All comp time or overtime must be
approved in advance and is based on the department’s budget. Comp time may be
accumulated up to a maximum of one hundred twenty (120) hours. The earning and use of
comp time will be documented on the employee's time sheet and scheduled with mutual
agreement of employee and supervisor.
6.6 CALL-BACK
Non-exempt employees called back to worksite after completing a normal workday at a time
other than during their normal work hours will receive a minimum of two (2) hours pay at the
overtime rate of 1.5 times regular pay. Call back time will commence when the employee
arrives at their work site and will end when the reason for call back has ended or been resolved.
Any time worked more than the two (2) hours will be paid in accordance with this policy. Refusal
to respond to a callback is grounds for disciplinary action.
6.7 CALL-IN
Non-exempt employees called to work while they are on paid leave (i.e., vacation) will be
allowed to select overtime, comp time, or regular time for those hours worked during the time
they would normally be on paid leave. This selection must be made with the approval and
consent of their supervisor. If overtime or comp time is selected, the leave bank will be
adjusted. If regular time is selected, the paid leave will be rescheduled for a later time. If the
employee is required to work subsequent days, these days will be considered regular work time
and any leave will be rescheduled.
6.8 TARDINESS AND ABSENTEEISM
Employees shall be at work on time and performing their duties in accordance with the
employee’s work schedule. Employees are responsible for notifying their supervisor or
designated individual responsible for receiving absentee calls as soon as possible (and no later
than the start of the workday) of an absence, late arrival to work or if they must leave early and
the reason. Prior notice is required absent extenuating circumstances or prior arrangements.
Any unauthorized or excessive absences or tardiness (not subject to protected state or federal
laws) will result in disciplinary action, up to and including termination, consistent with state and
federal law. An absence is considered to be unauthorized if the employee has not followed
proper notification procedures or the absence has not been properly approved. An unauthorized
absence will be considered an absence without pay and may be cause for disciplinary action.
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(See “Corrective and Disciplinary Action,” Policy) Absent extenuating circumstances, in the
event the City has not heard from the employee for three (3) consecutive scheduled workdays,
the employee will be considered to have resigned from employment.
Factors that may be considered in determining whether poor attendance is an issue include, but
are not limited to the following:
A pattern of unauthorized tardiness or absence that disrupts the flow of work, burdens
co-workers with extra tasks, causes an operational burden for manager or increases
labor costs or adversely affects the quality of services.
A pattern of unauthorized tardiness or absences the day before and/or the day after a
holiday or days off.
A pattern of unauthorized tardiness and absences on scheduled work weekends,
Saturdays, Sundays and/or holidays; or
Inclement weather is not normally considered an acceptable cause for absence. In
cases where unexpected, severe inclement weather restricts vehicular traffic, those
employees who arrive at work late may use accrued leave for missed time.
Each department, division, or section shall designate an individual who will be responsible for
receiving absentee and tardy calls. It is the employee’s responsibility to have all necessary
telephone numbers to report their delay or absence. To be eligible for paid sick leave, an
employee must report his/her absence to the designee a minimum of thirty (30) minutes prior to
shift or longer as determined by each department, absent extenuating circumstances or prior
arrangements. Paid sick leave may be granted for absences reported after the predetermined
deadline only in extenuating circumstances provided that the employee reports the absence as
soon as reasonably possible. (See the “Sick Leave” Policy)
The City may request additional information regarding the nature of the illness or injury to
determine FML eligibility, and if possible, the expected date of return when the employee has
missed 3 (three) or more consecutive days of work.
6.9 INCLEMENT WEATHER – EMERGENCY DECLARATION
The City of Moses Lake provides a wide array of services, including many emergency-related
functions. It is the City’s policy to remain open during normal business hours, and employees
are expected to make every effort to report to work during inclement or adverse weather
conditions and under emergency declarations. However, in some cases, it may be necessary to
temporarily modify City services or functions and closure may be deemed appropriate.
When inclement weather or an emergency declaration prevents performance of regular
operations or services, the determination to modify services will be made by the City Manager
or designee in consultation with Department Directors.
All employees are expected to report to work for their normal shifts. However, in the event of
extreme conditions resulting in an emergency closing of City facilities, or if the City Manager
deems that it is unsafe for employees to travel or come to work, non-essential employees may
be instructed not to report to work or to leave work prior to the end of their shift. The
Department Director will determine which employees are required to be at work, even when City
facilities have closed or other employees have been instructed not to report to work, or to leave
work due to inclement weather. In addition, the City Manager may invoke the use of the
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telecommuting agreement to allow for remote work as deemed necessary by the Department
Directors.
The notification process may include, but is not limited to:
Email message
Text Message or call
Internet or intranet announcement
Pay during inclement weather closures/non-closures or emergency declarations:
When the determination is made to close City offices, scheduled employees will be paid for their
scheduled shift.
When the determination is made to either close City offices early or open late, scheduled
employees will be paid for the remainder of their scheduled shift.
When city offices are not closed, but the employee chooses to stay home or leave early/arrive
late due to weather conditions, they may charge the time missed to vacation, floating holiday, or
comp time. The employee shall advise the supervisor by phone as in any other case of late
arrival or absence.
Employees already on approved paid leave shall have time off charged to their leave bank as
originally scheduled.
When City offices are directed to be closed under an Emergency Declaration and when
resources are expected to be provided through the declaration, the City may opt to reimburse
the leave bank of employee time or direct the use of administrative leave under the declaration,
with the approval of City Council.
All time shall be tracked in a separate city fund and prepared for reimbursement through the
emergency declaration.
Administration of leave/procedures during an extended emergency declaration/pandemic are
determined by the City Manager. The following information is an example of content that the
City Manager will execute to follow a progressive decision-making process that would be
modified in accordance to advice from the City Attorney and the City’s insurance provider as a
tool to evaluate the administration of leave and procedures during an extended emergency
declaration/pandemic.
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CHAPTER 7 - COMPENSATION
7.1 SALARY ADMINISTRATION
The City is committed to compensation principles which provide fair pay for the work performed,
competitive salary and benefit packages, and salary placement and increases which are
consistent, equitable, and responsive to changes in the organization.
REVIEW OF COMPENSATION
The Human Resources Department is responsible for coordinating with department Directors
regarding the continuing review of compensation, and for ensuring that each position is
evaluated and assigned a job classification and salary range. This review should determine
whether compensation accurately and fairly reflects the job responsibilities and employee
performance. Internal and external equity will be taken into consideration in salary
administration. Review of the compensation level is within the Human Resources Department’s
discretion, and the results of such review will be considered final.
MARKET ANALYSIS
The Human Resources Department should conduct compensation surveys covering
comparable cities with similar jobs when circumstances warrant, or the department may use the
AWC Salary Survey. This and other available information should be used to help set pay policy
and to determine the relative competitive position of the City’s pay structure. Compensation
policy decisions should also take into consideration the City’s overall financial condition and
competitive position.
ENTRANCE RATE OF PAY
New employees are generally hired at the beginning step of their salary range; however, an
entrance rate of pay above the minimum may be offered to an applicant in the City’s discretion
whose education and experience exceed the minimum qualifications for the classification or
when external labor market pay-practices impact recruitment.
TRAINING RATE
At times, the City may hire employees who do not meet the minimum qualifications and a
training rate will be established for a probationary period, allowing acquisition of minimum
qualifications.
Salary Range Progression:
The salary schedule will be used for all non-represented employees. New hire positions
will be advertised at an entry level range of step A to E.
Employees generally advance to the next step increment successively after one year of
employment at the preceding step until reaching the maximum of the range for that job
classification. A Personnel Action Form (PAF) must be completed for all salary changes.
A step increase may be withheld if the employee’s performance fails to meet job
requirements in the annual performance evaluation as determined by the City.
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At the sole discretion of the City Manager, additional salary step increments or additional
stipends may be granted in recognition of extraordinary accomplishments, acting
appointments, external labor market pay practices, or for a probationary review under
special circumstances.
In the case of promotion, the employee should be placed at a step within that range that
is the next step higher than their current rate of pay up to the maximum of the range,
unless circumstances warrant otherwise.
7.2 WORK AT A HIGHER CLASSIFICATION
A non-represented employee who is temporarily assigned to a position that is a higher pay
classification and who performs all duties of the higher classification as determined by the City
Manager will receive a temporary pay increase as authorized by the City Manager. Voluntary,
training, and temporary assignments during a vacation period of less than 80 hours are
excluded from any pay increase for working at a higher classification.
7.3 MANAGEMENT AND CLASSIFICATION OF POSITIONS
The classification of positions and job descriptions will be maintained by the Human Resources
Department. Supervisors and employees are encouraged to review their classifications and job
descriptions annually. Changes to classifications and job descriptions will be made as
necessary to reflect changes in duties, authority, responsibility and qualifications, and as
authorized in the City budget. Positions will be grouped into classifications according to the type
of work performed, working conditions and level of difficulty of assigned tasks and
responsibilities.
A periodic review of all or any part of the classification system will be conducted by Human
Resources. The purpose of this review is to: 1) determine if the system accurately reflects
existing conditions; 2) determine the accuracy of classification specifications; and 3) ensure
positions are properly classified. Reclassifications will be effective on the date specified by the
City Manager.
Vacant positions will be reviewed by the immediate supervisor and/or department
Director/Manager to: 1) assess the need to fill the position and 2) determine the position
necessary to meet the needs of the department. Supervisors and Department
Directors/Managers have the flexibility to fill positions based on department objectives and
needs with approval of the City Manager.
7.4 PAYDAYS
All employees are paid bi-weekly on Fridays.
GARNISHMENT
A garnishment is a legal stoppage of a specified amount from wages to satisfy a creditor. If an
employee’s wages are garnished, the payroll staff will make the necessary changes to the
employee’s wages and a check for the garnished amount will be forwarded to the creditor as
required. The employee will be notified that the garnishment is being processed.
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7.5 TRAVEL AND BUSINESS EXPENSES
Department Directors are authorized to approve all in-state travel. The City Manager must
approve all out-of-state travel. Employees will be reimbursed for reasonable and customary
expenses actually incurred in connection with the business of the City, including food, lodging,
and travel expenses. For unusual circumstances, the City Manager may authorize individual
variances from the policy for employees.
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CHAPTER 8 - BENEFITS
8.1 INTRODUCTION
The following are general descriptions of the City’s benefit plans. A summary description for
each plan is available from the Human Resources Department. Exact terms and conditions of
the benefit plans are governed by the plan documents. The plan documents control over any
inconsistent statements or descriptions, written or oral. The plan documents also describe
regular-status positions that are eligible for City group insurance benefits, unless otherwise
provided for through collective bargaining agreements. Benefits will be assigned as outlined in
the City’s Health Insurance Policy.
8.2 RETIREMENT BENEFITS
MEDICARE
All employees are required to contribute to Medicare Insurance. The City provides the required
employer contribution.
SOCIAL SECURITY
Regular, intermittent, and temporary employees contribute to Social Security. The City provides
the required employer contribution.
DEPARTMENT OF RETIREMENT SYSTEMS – PUBLIC EMPLOYEES RETIREMENT
SYSTEM (PERS)
Eligibility rules and contribution rates for PERS are established by the Washington State
legislature. An employee in an eligible position is required to participate in this tax-deferred
retirement plan.
DEFERRED COMPENSATION
Regular full-time and regular part-time employees are eligible to have voluntary employee-only
contributions made to one or more deferred compensation plans, up to certain dollar limits
defined by Internal Revenue Code section 457.
8.3 GROUP LIFE AND LONG-TERM DISABILITY INSURANCE
The City provides a group life and a long-term disability insurance policy for Non-LEOFF
employees in regular-status, full-time positions; and a group life insurance policy for LEOFF
employees in regular, full-time positions. Coverage is effective the first day of the month
following employment in a regular status position.
For employees who qualify for the above group insurance benefits, the premiums will be
supplemented by the City. These group insurance benefits may change from time to time based
upon insurance market conditions, City resources or other reasons. Regular status employees
also may be eligible to apply for other optional insurance(s) through payroll deduction. Optional
insurance coverage will not be effective until the application is approved by the provider.
Cancellation of Coverage: The insurance coverage end date will be subject to policy in effect
on the date of termination.
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8.4 TEMPORARY LIGHT DUTY
ELIGIBILITY AND BASIS FOR LIGHT DUTY
The temporary light duty program is designed to accommodate those employees who are
temporarily unable to perform essential job duties due to a medical condition. To be eligible for
a temporary light duty assignment, the requesting employee must first be evaluated by a
physician. Once the employee’s limitations and prognosis for recovery are determined, light
duty employment opportunities may be considered if they are available and will assist the
individual in returning to work. In no event will the City have an obligation to provide
temporary light duty assignments.
INJURY OR SERIOUS ILLNESS
It is the policy of the City of Moses Lake that in the event an employee (except LEOFF I
employees) is injured or has a serious illness that temporarily prevents them from performing
their position, the City may require or allow the employee to return to work in a light duty status,
provided the proper medical clearance has been obtained. Each request will be considered in
light of the relevant factors, including the duties of the position, the anticipated return for full
duty, and the overall operation and functioning of the department or division.
Employees in light duty status will continue to accrue vacation, sick leave, and receive paid
holiday pay consistent with City policy. Employees in a light duty status will not be eligible for
call back or standby overtime.
Employees will have health benefits paid by the City during the period of light duty status.
However, the employee must work a total of thirty (30) hours per week or be eligible for health
benefits under the Family and Medical Leave Act.
Employees on light duty status may be entitled to their former positions upon return to full duty
and retain all rights, seniority and benefits applicable to such positions.
8.5 HEALTH INSURANCE
The City offers group medical, dental, and vision insurance plans (hereinafter referred to as
health insurance) to all regular status employees and their dependents who meet eligibility
requirements. Represented employees should refer to their Collective Bargaining Agreement.
PREMIUM PAYMENT
The City will contribute toward monthly health insurance premiums for eligible employees in
regular-status, full-time positions, dependent on the specific benefit category, and provided the
employee completes and submits an enrollment form. The City will make coverage available for
eligible dependents. The City's contribution toward dependent health insurance premiums may
vary. Detailed information concerning dependent premiums can be obtained from the Human
Resources Department.
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DEPENDENT ELIGIBILITY
Eligible dependents are the employee’s legal spouse, registered domestic partner
The employee’s (or employee’s spouse’s or employee’s registered domestic partner’s)
natural child, adopted child, or stepchild, less than age 26, or prior to age 26 if the
individual is incapable of self-support due to developmental disability or physical
handicap (proof of incapacity is required).
Employees may be asked to provide documentation verifying eligible dependent status.
DOMESTIC PARTNER ELIGIBILITY
Under Washington state law an employee may add a registered domestic partner to their
insurance plan if they meet the requirements set forth under RCW 26.60.030.
Employer-paid premiums for a domestic partner and their children (who are not natural or
adopted children of the employee) are taxable wages. The exception to this tax issue is when a
domestic partner is disabled as defined by the Internal Revenue Service and claimed by the
employee’s on the annual income tax filing.
MEASUREMENT PERIOD FOR SEASONAL EMPLOYEES OR EMPLOYEES WITH
VARIABLE HOURS
The initial measurement period for seasonal employees and employees who work variable
hours is twelve (12) months to determine if an average of at least thirty (30) hours per week has
been worked.
If the employee is determined to have worked the requisite 30 hours/week on an average during
the initial measurement period, then health coverage will be offered to the employee during the
following twelve (12) month stability period.
An employee falling into the seasonal/variable worker category who has a break of twenty-six
(26) consecutive weeks or more without working for the City, will be treated as a new employee
for purposes of this policy.
Employees who resign/retire/terminate are no longer subject to measurement and stability
periods and need not be offered health insurance except for Consolidated Omnibus Budget
Reconciliation Act (COBRA) requirements.
APPLICATION FOR MEMBERSHIP AND CHANGES IN COVERAGE
Enrollment for health insurance or changes in coverage are to be made on prescribed forms
available from the Human Resources Department.
OPEN ENROLLMENT
An open enrollment period for health insurance will be offered annually (typically in the month of
November). At that time, employees may enroll in coverage, add/drop dependents, add/drop
additional life insurance for themselves or their dependents, and opt out of coverage. Prior to
the open enrollment period, the Human Resources Department will notify all employees of the
time and conditions of the open enrollment period.
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EFFECTIVE DATE OF COVERAGE
For eligible new employees, insurance coverage will commence on the first day of the month
following employment, provided the application forms have been properly completed and
returned to the Human Resources Department.
SPOUSE/DEPENDENT COVERAGE
Employees must complete and submit an enrollment form listing all eligible dependents to be
covered upon being hired or when there is any change in status:
Loss of coverage: If a spouse/registered domestic partner or dependent that is covered
by another medical plan loses that coverage, they may be added to an employee’s plan
if enrolled within 30-days of loss of coverage.
A newly acquired spouse/registered domestic partner and stepchildren must be enrolled
within 30-days of the date of marriage/registered domestic partnership.
A newborn child may be covered from the date of birth provided the child is enrolled
within 60-days of the date of birth.
A newly adopted child may be covered from date of placement provided the child is
enrolled within 60-days of the date of placement.
Divorce: If an employee divorces, they must notify Human Resources within 30-days of
the divorce being finalized to remove the spouse from coverage.
Failure to add a new spouse, registered domestic partner or child within the time frame set forth
above will result in the dependent not being eligible until the next open enrollment period or
based on the rules of the insurance provider.
Failure to remove an ineligible dependent from coverage within the time frame set forth above
will result in the employee having to repay the cost of insurance coverage for the ineligible
dependent(s); and subject the employee to further disciplinary action up to and including
termination.
COVERAGE WHILE ON SICK LEAVE OR OTHER PAID LEAVE OF ABSENCE
Employees who are on approved sick leave or other paid leave will be treated as though they
were at work for insurance coverage purposes.
COVERAGE WHILE ON LEAVE OF ABSENCE WITHOUT PAY
Please refer to Leave of Absence Without Pay Chapter.
CANCELLATION OF COVERAGE
For health insurance purposes, the employee’s actual last day worked is considered the
termination date unless on approved FMLA, or other protected leave or as determined by the
City Manager.
An employee's health insurance will automatically be canceled on the last day of the month in
which the employee. Coverage will also terminate if the employee fails to pay the premium as
provided in the City’s Leave of Absence Without Pay Policy, or according to union contract.
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BENEFIT INFORMATION
Information explaining the health insurance plans and respective benefits are available upon
request from the Human Resources Department and/or accessible via the Plan Provider
websites.
The benefit programs and eligibility information will be explained upon hire, and complete
information about the benefit programs can be obtained from Human Resources. Represented
employees should refer to their union contract for information on programs that may be specific
to the bargaining unit. Benefit programs, coverage and cost-sharing are subject to change from
time to time based on insurance market conditions, City resources and changes to applicable
bargaining agreements.
8.6 UNEMPLOYMENT COMPENSATION
City employees may qualify for State unemployment compensation after termination from City
employment depending upon the reason for termination and if certain qualifications are met.
8.7 SAFETY FOOTWEAR
Substantial footwear, as defined by WAC 296-155-212, shall be worn by an employee in a
position in which there is danger of injury to the feet through falling or moving objects, burning,
scalding, cutting, penetration, or like hazard.
The Department Director will determine the budget and intervals for replacement based on
safety regulations and actual deterioration. When unable to be invoiced to the City, approved
expense will be reimbursed from a purchase receipt provided by employee.
8.8 SAFETY EQUIPMENT AND RAIN GEAR
Use of City furnished safety equipment and rain gear is limited to wearing on duty or during
approved volunteer activities. Safety hats, masks, raingear, rubber boots, reflective vests, and
gloves will be provided to employees when needed. Employee safety hats and reflective vests
shall bear the City of Moses Lake logo. Safety equipment and raingear shall always remain the
property of the City and shall be returned upon termination of employment.
8.9 CITY APPAREL
Use of City furnished clothing is limited to wearing on duty or during approved volunteer
activities. City furnished work clothes shall be maintained in a presentable manner by the
employee. The employee is responsible for cleaning issued clothing. City apparel shall be
deemed necessary and replaced as needed, as determined by the Department Director.
Approved expense will be reimbursed from a purchase receipt provided by employee.
8.10 EMPLOYEE IDENTIFICATION BADGES
All regular-status employees will be issued a photo ID badge that shall be always with them
when working at a City facility to be easily identified as an employee in the event of an
emergency.
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The nature of outside/field employees jobs requires them to be easily identified by the public.
While in the field, outside/field employees shall have their City identification badges visible at all
times.
8.11 WELLNESS COMMITTEE AND EMPLOYEE PROGRAM
The City Manager, or his/her designee, will solicit interest from employees each year to be a
working member representing a variety of departments as a Wellness Committee member.
Employees will also be encouraged to provide ideas for organized programs to the Committee,
to request to network at AWC Healthy Worksite workshops, or to help with the collection of
donations distributed at the year-end breakfast celebration.
The role of the working members on the Wellness Committee is to organize, facilitate,
communicate, participate, motivate, and support the City’s workplace culture of wellness
activities for the City to earn a discount on future year health insurance premiums.
The Wellness Committee will distribute the criteria for each employee to track points toward
earning one additional day of paid time off each year. All employees are encouraged to
participate in the wellness activities each year to maintain a healthy lifestyle. Employees are
permitted to participate in some wellness programs such as health screenings, blood donations,
or health education seminars during work hours if the normal work demands are appropriately
met and with supervisor’s prior approval.
For City wellness events, employees are allowed one hour of City time to participate. If the
event takes longer than an hour, the employee must use their own leave.
Employees may earn a Wellness Day by tracking activities and accumulating 1000 points.
Employees meeting these requirements will earn eight (8) hour time off. Employees may also
earn up to eight (8) hours vacation aside from the wellness tracking by attending wellness
events sponsored by the Wellness Committee. The number of events in the year will determine
the amount of hours that can be earned.
8.12 WORKERS’ COMPENSATION PROGRAM
All employees are covered by the Workers’ Compensation Program as regulated by the State of
Washington State Department of Labor and Industries.
It will be the responsibility of the employee to report a work-related injury/illness immediately to
their supervisor or designee. The supervisor shall direct the injured employee to seek
immediate medical treatment if necessary and shall be responsible for ensuring that that the
employee completes the City’s online Incident Report form.
If an employee files an L&I claim, the employee can request that accrued sick leave, vacation,
comp time, and/or floating holiday time be applied to the leave, pending receipt of Worker’s
Compensation benefits. When the employee receives workers’ compensation benefits, they are
required to repay the City the amount covered by workers’ compensation and previously
advanced by the City. Upon the repayment of funds advanced, the appropriate amount of
vacation, comp time, floating holiday, and sick leave, in this order, shall be restored to the
employee’s account.
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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 if they can perform the essential duties of
the position, with or without a reasonable accommodation.
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CHAPTER 9 - LEAVES
9.1 HOLIDAYS
The following holidays will be paid to all regular status City employees. To receive holiday pay,
an eligible employee must be in paid status or taking an approved absence on the workdays
immediately preceding and immediately following the day on which the holiday is observed. An
approved absence is a day of pre-approved vacation or sick leave. If an employee is absent on
one or both days because of an illness or injury, the City may require verification of the reason
for the absence before approving holiday pay.
If a holiday below falls on a Saturday, the preceding Friday shall be given as a holiday. If the
holiday falls on a Sunday, the following Monday shall be granted as the holiday. If the holiday
falls on an employee’s regularly scheduled day off, the employee shall be granted another day
off during the work week in which the holiday was observed. When a holiday falls within a
period of paid leave, the holiday shall not be counted in computing the amount of paid leaved
used.
Employees shall be eligible for the Floating Holiday following five months of continuous
employment unless otherwise addressed by a collective bargaining agreement.
All holidays are paid on a prorated basis and shall not exceed 8 hours of pay per holiday unless
otherwise provided by Collective Bargaining Agreement.
Part-time employees, scheduled to work less than forty (40) hours in the workweek, shall
receive holiday pay on a prorated basis, when a holiday falls on their normally scheduled
workday.
HOLIDAY DATE OBSERVED
New Year's Day 1st day of January
Martin Luther King Jr. Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth 19th day of June
Independence Day 4th day of July
Labor Day 1st Monday in September
Veteran's Day 11th day of November
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day immediately following Thanksgiving
Christmas Day 25th day of December
Floating Holiday(s) One paid holiday per calendar year (to be taken within the
calendar year)
Under Washington law all employees are entitled to up 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 holiday.” Partial days off will count as a full day
toward your yearly allotment.
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If you seek to take an unpaid day off under this law, you must submit a Leave Request form to
your Department Director, at least two weeks in advance. The form must include: the date you
are requesting off and a sufficient description of the reason for the leave. The “Leave Without
Pay” box bust be checked, so that your Department Director understands you are requesting
the unpaid holiday and can determine if it is an allowable request.
The request can be denied if:
It was not submitted timely, or
The reason for the requested leave is not appropriate under the law, or
You have already exhausted your allotment of days off under the law, or
You are in a public safety position, such as police or fire, and granting the leave would
result in the shift falling below minimum staffing levels, or
Granting the request would cause an undue hardship
The two unpaid holidays allowed by this section must be taken during the calendar year, if at all;
they do not carry over from one year to the next.
Temporary and other non-benefit employees are not entitled to holiday benefits.
9.2 ANNUAL VACATION ACCRUAL
Unless otherwise provided by a collective bargaining agreement or contract, annual leave
allowance shall accrue up to the maximum accrual cap according to the table below. Employees
shall be allowed to continue to accrue leave above the maximum accrual cap in a calendar year
up to eighty (80) hours; however, excess hours must be used by the second pay period in
December to bring the hours of accrual at or below the maximum accrual cap. Any hours
unused above the maximum accrual cap at that time will be forfeited. The department/division
shall in no way be obligated to grant vacation to those employees who fail to schedule
vacation throughout the year. Any exception to this shall be at the sole discretion of the City
Manager and shall only be granted in extenuating circumstances.
Upon completion of the full year of service, the vacation earned accrual rate will be as listed in
the chart below:
Year of
Service
Hours Per
Pay Period
Annual Hours
Earned
Days Earned
Annually
Maximum
Hours Cap
0 thru 5 3.70 96 12 192.4
6 thru 10 4.61 120 15 230.72
11 thru 15 5.53 144 18 287.56
16 thru 20 6.46 167 21 335.92
Over 20 7.38 192 24 383.76
Annual vacation accrual will be prorated for regular-status, part-time employee based on the
number of hours worked.
Except as otherwise noted in this policy, service credit for vacation accrual purposes shall be
based upon the total length of continuous service with the City.
Vacation hours shall accrue according to the accrual rates set forth above. However, under
special circumstances, and with prior approval of the City Manager, additional vacation or a
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higher accrual rate may be granted in an offer of initial employment with the City due to previous
experience. Granting such additional vacation as part of an employment offer is solely at the
City Manager's discretion. In most cases, this provision will apply only to manager or director
level employees. If higher accrual rate is granted, employee will be placed on the vacation scale
with a credit for the number of years of prior service and will progress accordingly.
Employees who are hired on the first day of a 2-week pay period will accrue vacation on that
pay period. Employees who are hired in the middle of a pay period will begin accruing vacation
the following pay period.
Employees who leave employment on the last day of a 2-week pay period will accrue vacation
for that pay period provided they have not reached the maximum hours of vacation accrual for
their years of service as listed above. Employees who leave employment before the end of a full
2-week pay period will not accrue vacation for that pay period.
At the time of separation or retirement, employees shall receive a cash amount of their vacation
accrual up to the maximum hour accrual limit allowed to the employee. All hours accrued above
the maximum cap shall be forfeited. The cash value of the accrued vacation shall be equal to
the hours in the employee’s vacation balance, or the applicable limit, times their base hourly
rate as it exists at the time of separation.
9.3 SICK LEAVE
In compliance with Washington State’s Paid Sick Leave, all employees shall begin to accrue
sick leave upon employment with the City. Represented employees should refer to the
applicable bargaining agreement for their accrual benefits.
SICK LEAVE ACCRUAL REGULAR FULL-TIME EMPLOYEES
Sick leave will accrue at the rate of eight (8) hours per month (3.70 per pay period) upon
employment with the City in full-time, regular-status positions.
SICK LEAVE ACCRUAL PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES
Sick leave accrual will be prorated for part-time, temporary, and seasonal employees based on
the number of hours worked. The accrual rate will be equivalent to 1 hour for every 40 hours
worked. A balance of up to 40 hours of unused sick leave may be carried over each year. Sick
leave accrued may not be used during the first 90 days of employment. Employees are not
entitled to accrue paid sick leave for hours paid while not working (such as vacation, paid
holidays, or while using paid sick leave).
Sick leave may be used for the following:
An employee's own or family member's mental or physical illness, injury, or
health condition, medical diagnosis, care or treatment of the same, or preventive
medical care.
Family member is defined as:
o A child (Including a biological, adopted, or foster child, stepchild, or a child to
whom the employee stands in loco parentis, is a legal guardian, or is a de
facto parent, regardless of age or dependency status);
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o A parent (Including a biological, adoptive, de facto, or foster parent,
stepparent, or legal guardian of an employee or the employee's spouse or
registered domestic partner, or a person who stood in loco parentis when the
employee was a minor child).
o A spouse.
o A registered domestic partner.
o A grandparent.
o A grandchild; or
o A sibling.
Closure of the employee's place of business or child's school/place of care by order
of a public official for health-related reasons.
If the employee or the employee's family member is a victim of domestic
violence, sexual assault, or stalking.
o Seek legal or law enforcement assistance or remedies to ensure the health
and safety of the employee and their family members including, but not
limited to: Preparing for, or participating in, any civil or criminal legal
proceeding related to or derived from domestic violence, sexual assault, or
stalking.
o Seek treatment by a health care provider for physical or mental injuries
caused by domestic violence, sexual assault, or stalking.
o Attend health care treatment for a victim who is the employee's family
member.
o Obtain, or assist the employee's family member(s) in obtaining, services
from: A domestic violence shelter; a rape crisis center; or a social services
program for relief from domestic violence, sexual assault, or stalking.
o Obtain, or assist a family member in obtaining, mental health counseling
related to an incident of domestic violence, sexual assault, or stalking in
which the employee or the employee's family member was a victim of
domestic violence, sexual assault, or stalking.
o Participating, for the employee or for the employee's family member(s), in
safety planning; or temporary or permanent relocation; or other actions to
increase the safety from future incidents of domestic violence, sexual assault,
or stalking.
For purposes of leave related to domestic violence, sexual assault, or
stalking, family member has the following definition:
o Any individual whose relationship to the employee can be classified as
a child, spouse, parent, parent-in-law, grandparent, or person with
whom the employee has a dating relationship.
To be granted sick leave with pay, an employee eligible for sick leave under this policy for a
qualifying absence, must notify his/her supervisor at least 10 business days in advance of a
foreseeable absence, or as soon as practicable. If the qualifying absence is unforeseeable, the
employee must notify his/her supervisor as soon as practicable.
For FMLA purposes, when employees initially request sick leave, they must communicate
whether the absence is for their own health or for a member of the immediate family; sufficient
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information to determine the eligibility of leave for FMLA purposes; and if possible, the expected
date of return.
The City may require documentation regarding the use of leave where an employee uses more
than three consecutive days of paid sick leave; provided that if the request for documentation
would result in an unreasonable burden or expense, the City will confer with the employee to
address this concern. With respect to such documentation, the City will not require disclosure of
the nature of the illness or other private medical information unless necessary to also evaluate a
request for reasonable accommodation of a disability or for other lawful reason.
SICK LEAVE UPON REHIRE FOR PART-TIME, TEMPORARY, AND SEASONAL
EMPLOYEES
If a part-time, temporary and seasonal employee separates from the City and is rehired within
12 months any sick leave balance that existed at the time of separation, that has not been paid
out, will be reinstated, provided that if the rehire occurs in the following calendar year,
reinstatement of the balance will be limited to no more than 40 hours.
SICK LEAVE PAYOUT
For employees hired after January 1, 2016, sick leave payout for a regular full-time employee’s
retirement from service with the City, shall be for unused sick leave based on one-third of total
accumulated sick leave at the time of retirement, to a maximum of four hundred and eighty
(480) hours. Unless provided by an employment agreement, terminations for any reason other
than retirement shall not result in payment for any unused sick leave.
For regular full-time employees hired prior to January 1, 2016, the payout shall be as follows:
a) 30 or more years of continuous service - One hundred percent (100%) of accumulated
sick leave at the time of retirement, to a maximum of four hundred and eighty (480)
hours.
b) 20 or more years of continuous service – seventy-five percent (75%) of accumulated
sick leave at the time of retirement, to a maximum of four hundred and eighty (480)
hours.
c) 10 or more years of continuous service – fifty percent (50%) of accumulated sick leave
at the time of retirement, to a maximum of four hundred and eighty (480) hours.
d) 5 or more years of continuous service – twenty-five percent (25%) of accumulated sick
leave at the time of retirement, to a maximum of four hundred and eighty (480) hours.
Unless provided by an employment agreement, terminations for any reason other than
retirement shall not result in payment for any unused sick leave.
Any employee found to have abused sick leave privileges by falsification or misrepresentation
shall be subject to corrective action, including but not limited to, repayment to the City of any
amounts paid to the employee for such periods of absence, suspension, and/or discharge.
9.4 WASHINGTON FAMILY CARE ACT
Consistent with the Washington Family Care Act, employees may take any accrued leave (e.g.,
vacation, sick leave or compensatory time) that they have available to care for:
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Family member with a serious health condition.
Child with a health condition requiring treatment or supervision including preventative
health care.
Wife or daughter who is disabled because of pregnancy or childbirth.
Qualifying Family Members include:
Child under 18 (biological, adopted, foster, stepchild, etc.) or adult child incapable of
self-care
Parents
Spouse
Registered domestic partner
Parents-in law
Grandparents
Employees are required to notify their supervisor of the need to take time off to care for a family
member as soon as the need for leave becomes known. The City reserves the right to require
verification or documentation confirming a family member’s health condition when available
leave is used to care for that family member; provided, that if the employee elects to use paid
sick leave, verification procedures described in the sick leave policy will be applied.
Leave taken under this policy may also qualify as Family and Medical Leave (FMLA) and, if so,
will run concurrently.
9.5 SHARED LEAVE
The purpose of shared leave is to permit City employees, at no additional cost to the City, to aid
another City employee who is suffering from or who has an immediate family member suffering
from an extraordinary or severe illness, injury, impairment, or physical or mental condition which
has caused or is likely to cause the employee to take leave without pay or to terminate his or
her employment.
Shared leave may be requested by a non-probationary regular-status employee needing shared
leave by notifying their Department Head and submitting a written request to Human Resources.
The request for shared leave will be considered if all the following conditions apply:
The employee suffers or has an immediate family member suffering from an
extraordinary or severe illness, injury, impairment, or physical or mental condition which
is likely to cause the employee to take leave without pay or to terminate his/her
employment with the City.
The employee has depleted or will soon deplete his/her total accrued vacation, sick
leave and compensatory time.
Prior to the use of shared leave, the employee has abided by the City's “Sick Leave” and
“Absence from Work” policies. Failure to provide proper leave notification to the City in a
timely manner, and/or receipt of any corrective/disciplinary action for absenteeism or
attendance-related problems may be cause for denial of this request.
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The employee has been found to be ineligible for Labor and Industries Worker’s
Compensation benefits or LEOFF I disability leave.
The employee has provided a medical certificate from a licensed physician or health
care practitioner verifying the severe or extraordinary nature and expected duration of
the condition.
The Department Director/Manager, in consultation with Human Resources and the City
Manager, will determine the amount of shared leave which an employee may receive. The
employee will provide appropriate medical justification and documentation which supports the
necessity for the leave and the duration of the absence. An employee may receive no more
than a total of 160 hours of shared leave in any 12-month period. The 12-month period is
defined as a 'rolling' 12-month period measured backward from the first date an employee uses
shared leave.
Department Directors/Managers will approve the transfer of a specified amount of accrued
vacation leave to shared leave. The donating employee may donate any amount of vacation
leave provided the donation does not cause the employee's vacation leave balance to fall below
80 hours. Leave may be transferred from employee(s) in one department to an employee of the
same department or to an employee of another department.
While an employee is on shared leave, he/she will continue to be classified as a City employee
and shall receive salary and benefits as he/she would otherwise receive if using accrued leave.
All salary benefit payments made to the employee on a shared leave shall be made by the
department employing the person using the shared leave.
The Finance Department is responsible for computing shared leave as well as for adjusting the
accrued leave balances to show the transferred leave. The donated hours are converted to a
dollar value, which is then applied to the recipient and converted back into hours using the
recipient’s rate of pay. The receiving employee shall be paid his or her regular rate of pay. All
shared leave donations will be distributed equally from each donor each pay period to the
employee receiving the donated hours. Records of all leave time transferred will be maintained
and any leave transferred which remains unused will be returned to the employee(s) who
donated the leave.
The Human Resources Department will monitor the program and maintain all shared leave
records to ensure impartial treatment of all City employees. Inappropriate use of the provisions
of this policy may result in the cancellation of the donated leave or use of shared leave. In no
event will any unused shared leave be paid to the employee in the event of leaving employment
with the City.
The City of Moses Lake, at its sole discretion, may cancel this program. Participation in this
program will be predicated upon a receipt from each affected bargaining unit of a written waiver
by the appropriate union representative indicating that the union understands that the program
will not establish a past practice by the City or otherwise obligate the City to continue the
program and acknowledges that the City may cancel the program at any time or review it on
one-year increments, extending it from time to time as the City, in its sole discretion, determines
appropriate.
Employees wishing to donate vacation leave to another employee should obtain a Voluntary
Shared Leave Donation Form from Human Resources.
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All donations of leave must be given voluntarily. No employee shall be coerced, threatened,
intimidated, or financially induced into donating leave for purposes of this program.
9.6 BEREAVEMENT LEAVE
With the Department Director's/Manager’s and/or supervisor's approval, non-union personnel
may be granted up to three (3) days leave with pay to assist with funeral arrangements and
attend funeral services for immediate family members. When funeral attendance requires travel
by commercial air transportation due to the distant location of the funeral, the employee must
make a request and obtain approval for an extension of leave by his/her supervisor, the
Department Director/Manager, and final approval by the City Manager. The request for an
extension must state the number of days needed and include the date of return to work. An
employee must use their leave accruals (vacation, sick, or compensatory time) for the
extension. If the employee does not have any leave accruals, he or she must request leave
without pay. Bereavement leave for union employees will be granted in accordance with their
collective bargaining agreement.
Bereavement leave is not considered sick leave or vacation leave.
Leave with pay may be granted to City employees required to attend funerals as a matter of
protocol. Prior approval must be granted by the City Manager before leave may be taken. The
request for leave shall contain the names of all employees who are to attend, including their
expected period of absence. Only full-time regular-status employees are eligible for
bereavement leave.
9.7 JURY DUTY/COURT APPEARANCE
The City encourages employees to take part in the judicial process. Therefore, a leave of
absence may be granted to those regular status, full-time employees (as defined in 3.5) who are
called for jury duty or those compelled to attend court for any work-related reason. Those
employees who are subpoenaed as witnesses for cases in which they are not a party in the
action will also be granted a leave of absence.
Eligible employees will be compensated by the City of Moses Lake during their period of jury
service, or when appearing at the direction of the City. In this case, all funds received by the
employee, either being a witness or being a juror shall be immediately remitted to the City.
Mileage payments paid by the court for transportation are exempt from the refund requirements.
Employees who are required to appear in court for personal matters are not eligible under this
policy and must request vacation or compensatory time. If vacation or compensatory time is not
available or the employee does not have sufficient hours, then leave without pay must be
requested prior to the scheduled court appearance.
Employees are expected to return to work during lapses or recesses in court appearances that
are greater than four (4) hours.
Any union personnel who are required to attend court in their regular course of employment
shall be compensated in accordance with the terms and conditions set forth in the collective
bargaining agreement.
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When called for jury duty or a court appearance, the employee shall provide a copy of the
summons or subpoena to his/her immediate supervisor and the Payroll Clerk and a request for
leave of absence form as soon as possible.
9.8 FAMILY AND MEDICAL LEAVE (FMLA)
It is the policy of the City of Moses Lake to grant up to twelve (12) weeks of family and medical
leave during any twelve (12) month period to eligible employees, in accordance with the Family
and Medical Leave Act of 1993 (FMLA), upon receiving sufficient information from the employee
and/or the employee’s medical provider to determine that the reason for leave is an FMLA
qualifying reason under the Family and Medical Leave Act. If the reason for leave is determined
to be an FMLA-qualifying reason, the City of Moses Lake must follow Department of Labor
regulations and designate leave as FMLA, regardless of the preference of the employee.
FMLA leave is a job-protected, unpaid leave; however, it may be paid by utilizing accrued
leaves, depending on the circumstances, and as specified in this policy.
To qualify to take family and medical leave under this policy, the employee must meet all of the
following conditions:
1. The employee must have worked for the City at least twelve (12) months, or fifty-two
(52) weeks. The twelve (12) months or fifty-two (52) weeks need not have been
consecutive.
2. The employee must have worked at least 1,250 hours (average twenty-four (24) hours
per week) during the twelve (12) month period immediately before the date when the
leave would begin.
To qualify as FMLA leave under this policy, the employee must be taking leave for one of the
reasons listed below:
To care for the employee’s child upon birth, or to care for a child upon the child’s
placement with the employee for adoption or foster care.
To care for a spouse, son, daughter or parent who has a serious health condition (see
subsection below where leave is needed to care for a registered domestic partner with a
serious health condition).
To care for self, if the employee has a serious health condition that makes the employee
unable to perform the essential functions of the position (including incapacity due to
pregnancy, prenatal medical care or childbirth); or
For a “qualifying exigency” arising out of the fact that the employee’s spouse, son,
daughter, or parent is a covered military member who is on active duty or has been
notified of an impending call to active duty in support of a contingency operation.
Covered military members are members of the National Guard or Reserves, and certain
retired military service personnel, who have been called to active duty or notified of an
impending call to active duty.
Definition of Qualifying Exigency: Qualifying exigencies are generally activities related to
the active duty or call to duty, including attending certain military events, arranging for
alternative childcare, addressing certain financial and legal arrangements, attending
certain counseling sessions and attending post-deployment reintegration briefings.
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An eligible employee may also take up to twenty-six (26) weeks of leave during a single twelve
(12) month period to care for an injured service member who is the employee’s spouse, parent,
child or next of kin. A covered service member is a current member of the Armed Forces,
including National Guard or Reserves members, who has a serious injury or illness incurred in
the line of duty on active duty that may render the service member medically unfit to perform his
or her duties for which the service member is undergoing medical treatment, recuperation or
therapy; or is in outpatient status; or is on the temporary disability retired list. For purposes of
this kind of leave, the twelve (12) month period begins with the first day the employee takes
leave. The combined total of leave for all purposes described in this policy may not exceed
twenty-six (26) weeks in the applicable leave year.
A “serious health condition” means a health condition which involves:
1. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care
facility.
2. A period of incapacity of more than three consecutive calendar days that also involves
continuing treatment by a health care provider and any subsequent treatment or period
of incapacity relating to the same condition.
3. A period of incapacity due to pregnancy or for prenatal care.
4. A period of incapacity or treatment for such incapacity due to a chronic, serious health
condition (e.g., asthma).
5. A permanent or long-term period of incapacity because of a condition for which
treatment may not be effective (e.g., Alzheimer’s).
6. A period of absence to receive multiple treatments (including any period of recovery
therefrom) for restorative surgery after an accident or other injury; or multiple treatments
for a condition which would likely result in a period of incapacity of more than three
consecutive calendar days if not treated (e.g., Cancer).
“Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis who is: (a) under eighteen years of age; or (b) eighteen years
of age or older and incapable of self-care because of a mental or physical disability. Persons
who are in loco parentis include those with day-to-day responsibilities to care for and financially
support a child.
“Parent” means a biological parent of an employee or an individual who stood in loco parentis to
an employee when the employee was a child. This term does not include parents “in law.”
FMLA TRACKING
An eligible employee can take up to twelve (12) weeks of leave under this policy during any
twelve (12) month period. The twelve (12) month period is defined as a 'rolling' twelve (12)
month period measured backward from the date an employee uses FMLA leave. For example,
if an employee requests and is granted a twelve (12) week FMLA leave beginning March 1 of
one year, then that employee would not be eligible for any additional FMLA leave until March 1
of the following year. Each time an employee takes FMLA leave, the City (payroll) will compute
the amount of leave the employee has taken under this policy and subtract it from the twelve
(12) weeks of available leave and the balance remaining is the amount the employee is entitled
to take.
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SPOUSES
If spouses both work for the City, and each wish to take leave for the birth of a child, adoption or
placement of a child in foster care, or to care for a parent with a serious health condition, they
may only jointly take a total of twelve (12) weeks of FMLA leave. Each spouse is, however,
eligible for the full twelve (12) weeks of leave in the twelve (12) months leave period to care for
a child or spouse with a serious health condition, or for either employee’s own serious health
condition.
EMPLOYEE STATUS AND BENEFITS DURING LEAVE
During all leave under this family and medical leave policy, the City will continue to pay the
employer’s portion of health insurance premiums, provided that the employee continues to pay
his/her share of insurance premiums, if any. Failure of the employee to pay his/her portion of the
premium may result in cancellation of health insurance. Leaves such as vacation and sick leave
will continue to accrue during paid leave, but not during unpaid leave.
If the employee chooses not to return to work for reasons other than a continued serious health
condition, the City will require the employee to reimburse the City the amount it paid for the
employee's health insurance premium during the leave period.
If the employee does not return at the end of the FMLA leave period, the employee's notification
of his/her intent not to return will be the Consolidated Omnibus Budget Reconciliation Act
(COBRA) qualifying event.
EMPLOYEE STATUS AFTER LEAVE
Upon completion of FMLA leave, the employee will be entitled to:
1. Return to the same position or a position with equivalent status, pay, and benefits; or
2. If circumstances have changed so that neither the same position nor an equivalent
position is available, the employee shall be offered any other position which is vacant
and for which the employee is qualified.
Reinstatement is not required if one or more of the following conditions exists:
1. The position was eliminated by a bona fide restructuring or reduction in force.
2. The employee takes another job while on leave.
3. The employee fails to return from the leave at the agreed FMLA ending date.
LEAVE FOR PREGNANCY DISABILITY AND TO CARE FOR NEWBORN
In addition to leave under the federal FMLA described above, state law provides certain
additional leave rights in connection with pregnancy-related disability and to care for a newborn.
Regardless of whether an employee is eligible for FMLA leave, she is entitled to Pregnancy
Disability leave for the period that she is temporarily disabled because of pregnancy or
childbirth. Medical certification may be required to confirm the need for leave. If the employee
is eligible for FMLA leave, the Pregnancy Disability leave will run concurrently with FMLA leave.
Pregnancy Disability leave is unpaid and health benefits are not automatically continued (unless
the employee is also eligible for FMLA leave); however, accrued leave may be used and the
employee may continue insurance coverages at her expense.
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NOTICE
Employees who need to take time off due to their own or a family member’s serious medical
condition as described above must provide the City with at least thirty (30) days’ notice of the
need for leave if the need for leave is foreseeable. If thirty (30) days advance notice is not
possible, notice must be provided as soon as practicable (which is generally the same day or
next business day after the need for leave becomes known). Absent unusual circumstances,
employees are required to follow the City’s regular procedural requirements when requesting
FMLA leave. When requesting leave, employees must provide sufficient information for the City
to determine whether the leave may be FMLA-qualifying, and the anticipated timing and
duration of the requested leave. Employees must also inform the City if the requested leave is
for a reason for which FMLA leave was previously taken or certified. Supervisors must
immediately notify Human Resources of any request for leave which may be an FMLA qualifying
event. An FMLA form can be obtained from the Human Resources Department for the type of
FMLA leave being requested.
When leave is requested in connection with planned medical treatment, the employee must
make a reasonable effort to schedule treatment to prevent disruptions to City operations. In
addition, employees who need leave for their own or a family member’s serious health condition
must provide medical certification from a health care provider of the serious health condition.
The City may require a second or third opinion (at City expense), periodic recertification’s of the
serious health condition and, when the leave is for an employee’s own serious health condition,
a certification that the employee is fit to return to work. Employees who need leave for a
qualifying exigency arising from a family member’s military leave must provide a certification
confirming the need for leave. The City may delay leave to employees who do not provide
proper advance notice of the foreseeable need for leave. The City also may delay or deny
approval of leave for lack of proper certification establishing the need for leave.
USE OF PAID AND UNPAID LEAVE
While on FMLA leave, employees must first use accrued sick paid leave, then vacation and
compensatory time, if necessary, take the remainder of FMLA leave as unpaid leave. Accrued
paid leave shall be used according to applicable policies and procedures or as specified in the
collective bargaining agreement. FMLA shall run concurrently with paid sick leave or any other
accrued paid leave when the reason for the leave meets the FMLA criteria. If a worker's
compensation injury/illness meets the criteria for a serious health condition, the worker's
compensation absence and the FMLA leave entitlement shall also run concurrently.
An employee who is taking leave because of the employee's own serious health condition or the
serious health condition of a family member must use all paid leave prior to being eligible for
unpaid leave.
An employee taking leave due to pregnancy disability during pregnancy or after the birth of a
child must first use paid sick leave. The employee must then use all paid vacation and other
accrued leave, and then will be eligible for unpaid leave for the remainder of the leave. Refer to
the Maternity/Parental/Family Leave Policy.
An employee who is taking leave for the adoption or foster care of a child must use all paid
leave prior to being eligible for unpaid leave.
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INTERMITTENT OR REDUCED WORK SCHEDULE LEAVE
In certain circumstances, eligible employees may take FMLA intermittently (for example, in
smaller blocks of time) or by reducing their work schedule. If the FMLA leave is because of the
employee’s own serious health condition or to care for a family member, the employee may take
the leave intermittently or on a reduced work schedule if it is medically necessary. Eligible
employees may also take FMLA leave on an intermittent or reduced schedule basis, when
necessary, because of a qualifying exigency arising from a family member’s military service. If
FMLA leave is to care for a child after the birth or placement for adoption or foster care,
employees may take their FMLA leave intermittently or on a reduced work schedule only with
the City Manager’s approval. Where intermittent leave or reduced-schedule leave is needed for
planned medical treatment, an employee must make a reasonable effort to schedule the
treatment so as not to disrupt unduly City operations. Where an employee needs intermittent or
reduced-schedule leave based on planned medical treatment, the City may transfer the
employee to an alternative position with equivalent pay and benefits that can better
accommodate such recurring leave.
ENFORCEMENT
An employee may file a complaint with the U.S. Department of Labor or may bring a private
lawsuit against an employer.
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state
or local law or collective bargaining agreement which provides greater family or medical leave
rights.
CERTIFICATION OF SERIOUS HEALTH CONDITIONS
The City may ask for certification of the serious health condition. The employee should try to
respond to such a request within fifteen (15) days. Failure to provide certification may result in a
denial of continuation of leave. Medical certification may be provided by using the Certification
of Health Care Provider form.
Certification of the serious health condition shall include: the date when the condition began, its
expected duration and a brief statement of treatment. For medical leave for the employee's own
medical condition, the certification must also include a statement that the employee is unable to
perform work of any kind or is unable to perform the essential functions of the employee's
position. For a seriously ill family member, the certification must include a statement that the
patient requires assistance and that the employee's presence would be beneficial or desirable.
If the employee requests leave on an intermittent or reduced schedule basis for the employee’s
serious health condition, including pregnancy, that may result in unforeseeable episodes of
incapacity, information sufficient to establish the medical necessity for such intermittent or
reduced schedule leave and an estimate of the frequency and duration of the episodes of
incapacity must be included on the certification.
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DISPUTE RESOLUTION
In the event of a dispute as to whether and when an employee is entitled to FMLA leave, the
City may require confirmation by a health care provider.
The City may, at its own expense, obtain a second opinion as to whether the necessary
conditions of the leave are met.
If the two opinions disagree on any factor which is determinative of leave eligibility, the two
health care providers may select a third, whose opinion shall be obtained at the City’s expense,
and shall be conclusive.
FOR GUIDANCE
For more information on any of these leave policies, or if you think you may need to take Family
and Medical Leave, please contact Human Resources. The leave laws, particularly those
applicable to pregnancy and childbirth, can be confusing. Employees are encouraged to
contact Human Resources with any questions about how the various laws are coordinated in a
particular situation.
9.9 WASHINGTON PAID FAMILY AND MEDICAL LEAVE
The Washington State Paid Family and Medical Leave (PFML) law and supporting regulations
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. This policy provides a summary of the PFML program.
Employees may obtain additional information at www.paidleave.wa.gov. To the extent an
issue is not addressed in this policy, the employer will administer this benefit program consistent
with applicable statutes and regulations.
PAYROLL DEDUCTIONS
The PFML program is funded through premiums collected by ESD via payroll deductions and
employer contributions. The premium rate is established by law; employees are currently
responsible for two-thirds of the total premium amount. Should the State in the future modify
the PFML premium rate or the percentage of premiums subject to collection through payroll
deduction, the City will modify payroll practices to reflect those statutory changes.
ELIGIBILITY
Under PFML, employees may be eligible for monetary benefits and job protection when taking
leave for covered reasons. Eligibility requirements are as follows:
Monetary Benefits: 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.
Job Protection: In order to be eligible for job protection under PFML, an employee must
have worked for the Employer for at least 12 months and have worked 1250 hours in the
last year.
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An employee is ineligible for PFML benefits during any period of suspension from employment
or during which the employee works for remuneration or profit (e.g., outside employment or
contracting).
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 per claim year. In the event of pregnancy, an
additional two weeks of leave may be available for the pregnant employee if there is incapacity
resulting from pregnancy. The claim year begins when the employee files a claim for PFML
benefits. PMFL leave may be taken for the following reasons:
Medical Leave: Medical leave may be taken due to the employee’s own serious health
condition, which is an illness, injury, impairment or physical or mental condition that
involves inpatient care or continuing treatment by a health care provider, as those terms
are defined under the FMLA and RCW 50A.05.010. However, an employee is not
eligible for PFML benefits if the employee is receiving time loss benefits under the
workers’ compensation system.
Family Leave: Family leave may be taken to care for a covered family member with a
serious health condition; for bonding during the first 12 months following the birth of the
employee’s child or placement of a child under age 18 with the employee (through
adoption or foster care); or for qualifying military exigencies as defined under the FMLA.
For purposes of family leave, covered family members include the employee’s child,
grandchild, parent (including in-laws), grandparent (including in-laws), sibling, or spouse.
PFML runs concurrently with FMLA where an absence is covered by both laws. PFML leave
may be taken intermittently, if there is a minimum claim requirement of eight consecutive hours
of leave in a week for which benefits are sought.
PFML APPLICATION PROCESS
An employee must submit an application to ESD to seek PFML benefits. For guidance on the
application process, please refer to the ESD website (www.paidleave.wa.gov). Eligibility
determinations will be made by ESD. If approved, the employee will need to file weekly benefit
claims with ESD to continue receiving benefits.
NOTIFICATION REQUIREMENTS
An employee must provide written notice to the City of the intent to take PFML leave. If the
need for leave is foreseeable, notice must be given at least 30 days in advance of the leave.
For unforeseeable leave, notice must be given as soon as practicable. The employee’s written
notice must include the type of leave taken (family or medical), as well as the anticipated timing
and duration of the leave. If an employee fails to provide this required notice to the City, ESD
will temporarily deny PFML benefits. After receiving the employee’s notice of the need for leave,
the City will advise the employee whether the employee is eligible for job protection under PFML
or FMLA or both.
If leave is being taken for the employee’s or family member’s planned medical treatment, the
employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt
City operations.
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If taking leave intermittently, an employee must notify the City each time PFML leave is taken so
that the Employer may properly track leave use.
PFML MONETARY BENEFITS
If ESD approves a claim for PFML benefits, partial wage replacement benefit payments will be
made by ESD directly to the employee. The amount of the benefit is based on a statutory
formula, which generally results in a benefit in the range of 75-90 percent of an employee’s
average weekly wage, subject to a weekly maximum (which is $1,206 for 2021 and thereafter
subject to annual adjustments by the State). ESD’s website includes a benefits calculator to
assist employees in estimating their weekly benefit amount.
Except for leave taken in connection with the birth or placement of a child or leave taken for a
qualifying military exigency, monetary PFML benefits are subject to a seven-day waiting period.
The waiting period begins on the Sunday of the week in which PFML leave is first taken. The
waiting period is counted for purposes of the overall duration of PFML leave, but no monetary
benefits will be paid by ESD for that week. Employees may use available accrued leave to
cover absences during the waiting period.
Paid leave accruals (vacation, sick leave, floating holidays, compensatory time, or any other
accrued leave) are not supplemental to PFML benefits, meaning that an employee cannot
receive accrued leave and PFML benefits for the same absence. The employee can choose to
use his/her accrued leaves with the City during the initial seven-day waiting period, if applicable.
Important note: failure to report the receipt of accrued leave may result in an overpayment by
ESD, which ESD may recoup from the employee.
COORDINATION WITH OTHER BENEFIT PROGRAMS
When an employee is on leave and only receiving PFML benefits, the employee is deemed to
be in unpaid status for purposes of City policies and benefit programs. Insurance coverage will
be handled in the same manner as other unpaid leaves of absence, pursuant to City policy and
subject to any FMLA or other legal requirements requiring continuation of coverage.
JOB RESTORATION; RETURN TO WORK RECERTIFICATION
An employee who is eligible for job-protected leave will be restored to the same or equivalent
position at the conclusion of PFML leave, unless unusual circumstances have arisen (e.g., the
employee’s position or shift was eliminated for reasons unrelated to the leave). The City may
require a return-to-work certification from a health care provider before restoring the employee
to work following PFML leave where the employee has taken leave for the employee’s own
serious health condition.
9.10 ADMINISTRATIVE LEAVE
Department Directors/Managers may place employees on paid or unpaid administrative leave,
with the approval of the City Manager, for unusual circumstances including, but not limited to:
Pending investigations.
Pending disciplinary action.
Pending fitness-for-duty assessment by City-appointed physician; or
Acts of nature which may create a dangerous work environment.
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Exempt employees may be granted administrative leave with pay at the discretion of the City
Manager, which shall not exceed twenty-two (22) working days within any twelve (12) month
period for purposes other than personnel, disciplinary, fitness for duty investigations, or other
matters which require extended inquiry.
9.11 MILITARY LEAVE & RETURNED VETERAN RE-EMPLOYMENT
Every employee who is a member of the Washington National Guard or of the U.S. Army, Navy,
Air Force, Coast Guard or Marine Corps, or of any organized reserve of the United States, will
be granted military leave in accordance with state and federal law. Employees who take military
leave will have whatever rights to reinstatement, seniority, vacation, layoffs, and compensation
as are provided by the applicable law.
Any regular-status employee of the City shall be entitled to a paid military leave of absence for a
period not exceeding 21 working days during each year beginning October 1 and ending the
following September 30. For purposes of this policy, a working day is calculated according to
the number of days the person would have worked, but for the military commitment. Thus, if the
employee was scheduled to work two hours on a calendar day, but for the military commitment,
that would be a military leave day. Similarly, if the employee was scheduled to work twelve
hours on a single calendar day, that too would constitute one military leave day.
Such leave shall be granted in order that the person may report for active duty, when called, or
take part in active training duty in such manner and at such time as he or she may be ordered to
active duty or training duty. (RCW 38.40.060). Military leave beyond the 21 days of paid time off
will be unpaid, provided that employees may elect to use accrued vacation, compensatory time
or other available time off during the period of military leave. Employees should notify their
supervisor as soon as they receive notice of the need to report for military leave and provide the
supervisor with a copy of the orders.
Military leave with pay shall be granted only when an employee receives bona fide orders to
temporary active duty or training duty and shall not be paid if the employee fails to return to
his/her position immediately following the expiration of the period ordered. An extension may be
granted for circumstances beyond the control of the employee, i.e., transportation delays from
overseas deployment exercises, hospitalization due to injuries sustained while on active duty, or
in cases where the employee is retained in an active-duty status for matters pertaining to the
Uniform Code of Military Justice.
Any regular-status employee of the City who is called or volunteers for service with the armed
forces of the United States or Washington National Guard may be granted military leave without
pay, provided that such request is in writing, accompanied with a validated copy of military
orders ordering the employee into active service, and that the period of service is four (4) years
or less. The City reserves the right to request of the armed forces that an employee not be
ordered to service. Eligibility for and terms of reinstatement are administered in accordance
with RCW 73.16.033.
An employee temporarily hired by the City or assigned to fill a vacancy created by a person on
military leave, is appointed to the position subject to the return of the absent employee. Upon
such return, the employee filling the vacancy is returned to his/her original position or an
equivalent position subject to the provisions of RCW 73.16.033. A temporary employee is
subject to lay-off if no other position is available.
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Upon honorable discharge from active service, the employee, in accordance with the conditions
prescribed in RCW 73.16.033, shall be reemployed to the same position, or one similar to the
last position held, at the same salary rate, seniority and status. The employee must return and
reenter the position within three months after serving four (4) years or less: provided, that any
period of additional service imposed by law, from which one is unable to obtain orders relieving
him/her from active duty, will not affect his/her reemployment. Such reemployment shall occur
without loss of seniority or employment rights. If it is established that the employee is not
physically qualified to perform the duties of his/her former position by reason of such military
service, he/she shall be reemployed in other work he/she is able to perform as closely related to
the former position as possible.
When an employee who was in a probationary service status at the time of leaving for military
service returns to City employment, the employee shall complete the remaining portion of the
trial service.
Pursuant to RCW 49.77 Leave of Spouses and Registered Domestic Partners of Military
Personnel. During a period of military conflict declared by the President or Congress, an
employee who is the spouse or registered domestic partner of a member of the Armed Forces,
National Guard or Reserves is entitled to up to fifteen (15) days of unpaid leave while their
spouse and/or registered domestic partner is on leave from deployment, or before and up to
deployment. The purpose of this leave is to support the families of military personnel serving in
military conflicts by permitting them to spend time together before a family member is deployed
or while the family member is on leave from deployment. An employee must work an average
of 20 hours per week to be eligible for this family military leave.
An employee who seeks to take family military leave must provide the City with notice of his/her
intent to take leave within five (5) business days of receiving official notice that the employee’s
spouse and/or domestic partner will be on leave or on an impending call to active duty. The
employee may substitute any available accrued leave for any part of this family military leave.
Employees on extended tours of active duty shall complete an application for reemployment
within ninety (90) days following the date of separation from active military duty. Failure to
comply with these military leave procedures shall terminate military leave and the employee's
reemployment privilege as defined above. If an employee voluntarily reenlists, his/her military
leave shall be deemed canceled and reemployment privileges denied.
9.12 MATERNITY / PARENTAL / FAMILY LEAVE
MATERNITY LEAVE
Maternity leave is available to female employees due to pregnancy and childbirth, as follows:
1. Pregnancy disability leave, and
2. Family leave for the birth of a child in order to care for that child for qualified employees
as covered by the Family and Medical Leave Act (FMLA) and Washington Family Leave
Act (FLA).
Pregnancy Disability Leave: Pregnancy disability leave is granted for the period that a woman
is temporarily sick or disabled because of pregnancy or childbirth. Such leave is limited to the
actual period of disability. An employee taking leave due to pregnancy disability during
pregnancy or recovering after the birth of a child must first use paid sick leave. The employee
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must then use paid vacation, compensatory time, and all other accrued leave, and then will be
eligible for unpaid leave for the remainder of the period of pregnancy disability. Request for
additional leave beyond the actual period of disability as defined in this policy may require
medical documentation in accordance with the Family and Medical Leave Policy. To be eligible
for continued City-paid health benefits during pregnancy disability leave, a female employee
must have worked at least 12 months for the City of Moses Lake and for at least 1,250 hours
during the preceding 12 months.
Family and Medical Leave Under Federal Law: An employee may also be entitled to FMLA
leave during the period of pregnancy disability leave. In such cases, the pregnancy disability
leave will run concurrently with FMLA leave. For further information, refer to Family and Medical
Leave Policy.
Parental Leave (Family Leave): The Family and Medical Leave Act entitles qualified
employees to take up to 12 weeks of leave to care for a child due to its birth or placement for
adoption or foster care. For further information, refer to Family and Medical Leave Policy.
Family Leave Under State Law: In addition to pregnancy disability leave, a qualified employee
may take up to 12 weeks of leave for the birth of a child to care for that child. Washington
Family Leave may run concurrently with FMLA but does not run concurrently with the pregnancy
disability leave.
Leave Benefits: An employee in an unpaid leave of absence status will not accrue additional
sick leave, vacation time or holidays during the period of absence.
Upon return from pregnancy disability or Family Medical Leave, an employee will be entitled to
return to the employee's former position or a position with equivalent pay, benefits and
conditions of employment, unless unusual circumstances may have arisen. An employee on
such leave retains all rights, seniority and benefits commonly offered full-time, regular status
City employees.
9.13 DOMESTIC VIOLENCE / SEXUAL ASSAULT LEAVE
This leave is available to employees who are victims of domestic violence, sexual assault, or
stalking. It is also available to employees with a family member (child, spouse, registered
domestic partner, parent, parent-in-law, grandparent, or person with whom the employee has a
dating relationship) who is a victim of domestic violence, sexual assault, or stalking. The leave
may be taken in blocks, intermittently, or on a reduced leave schedule. Domestic
violence/sexual assault leave is unpaid, although an employee may elect to use the employee's
accrued paid leave (e.g., vacation, sick leave, compensatory time) in connection with such
leave. Due to the nature of the leave, a confidential agreement for leave time will be negotiated
with Human Resources and documented for time tracking purposes only.
Domestic Violence/Sexual Assault Leave may be taken for the following purposes:
1. To seek law enforcement or legal assistance or to prepare for or participate in any legal
proceeding related to domestic violence, sexual assault, or stalking.
2. To seek health care treatment for physical or mental injuries from domestic violence,
sexual assault, or stalking, or attend to such health care treatment for a family member.
3. To obtain (or assist a family member in obtaining) services from a domestic violence
shelter, rape crisis center, or other social services.
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4. To obtain (or assist a family member in obtaining) mental health counseling related to
domestic violence, sexual assault, or stalking; or
5. To participate in safety planning, to relocate temporarily or permanently, or to take other
actions to increase the safety of the employee or family member relating to domestic
violence, sexual assault, or stalking.
When possible, employees must give advance notice of the intention to take leave. If advance
notice is not possible, employees (or their designees) must give notice of the need for this leave
no later than the end of the first day the employee takes the leave. The City may require
verification to support the need for the leave. Depending on the situation, verification can take
the form of police reports, court documents, or the employee's own written statement of the
need for the leave. Except where disclosure is authorized or required by law, The City will
maintain confidentiality of all information provided by the employee in conjunction with Domestic
Violence/Sexual Assault Leave.
Accommodation. The City will also make reasonable safety accommodations for any
personnel who are victims of domestic violence, sexual assault or stalking. Accommodations
may include, for example, modification of a telephone number or email address, modified work
schedule or implementation of safety procedures. If you are a victim in need of safety
accommodations, please contact Human Resources.
Use of Paid/Unpaid Leave. Domestic violence leave is not limited by an employee’s available
paid time off. It can include reasonable amounts of unpaid leave. An employee can use any
available leave (vacation, sick leave, compensatory time, or leave without pay).
Employee Status and Benefits During Leave: While an employee is on paid time off for
Domestic Violence Leave, the City will continue the employee's health benefits (medical, dental
and vision) during the leave period at the same level and under the same conditions as if the
employee had continued to work.
If the employee chooses not to return to work for reasons other than a continued serious
health condition, the City will require the employee to reimburse the City the amount it
paid for the employee's health insurance premiums during the leave period.
If the employee does not return at the end of the Domestic Violence Leave period, the
employee's notification of his/her intent not to return will be the Consolidated Omnibus
Budget Reconciliation Act (COBRA) qualifying event.
9.14 LEAVE OF ABSENCE WITHOUT PAY
Employees may request a leave of absence without pay for a period according to the following
guidelines:
Medical Leave: It is the policy of the City of Moses Lake to grant up to twelve (12)
weeks of family and medical leave during any twelve (12) month period to eligible
employees, in accordance with the Family and Medical Leave Act of 1993 (FMLA).
Refer to the Family and Medical Leave Policy. Pregnancy disability leave is also granted
for the period that a woman is temporarily sick or disabled because of pregnancy or
childbirth. Refer to Washington Pregnancy Disability Leave and Washington Paid
Family Leave policies. It is also the policy of the City of Moses Lake to grant an unpaid
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leave of absence as a reasonable accommodation in accordance with state and federal
law. See Disability Accommodation policy.
Non-Medical Leave: If the absence would not cause undue disruption to the delivery of
City services or otherwise be adverse to the City’s best interests, an unpaid leave of
absence may be granted for a period not to exceed ninety (90) calendar days. Such
leave may be granted at the City’s sole discretion and may be used for personal or
family situations after all other accrued leave has been exhausted; provided, sick leave
accruals may not be used for non-medical leaves of absence. Reasons for non-medical
leaves may include extended vacation, education, training or childcare.
The City will not continue payment of insurance premiums while employees are on unpaid leave
of absence, except for those employees who are entitled to continuation of health insurance
coverage under the Family and Medical Leave Act or Washington Paid Family Medical Leave. If
an employee begins an unpaid leave of absence after the monthly premium has been paid by
the City (normally during the first week of the month), insurance coverage will continue for that
employee throughout the month. Employees who wish to keep their medical, dental and vision
coverage in effect while on unpaid leave are allowed to extend their health benefits in
circumstances when coverage would normally terminate. Under the Consolidated Omnibus
Budget Reconciliation Act (COBRA), employees, spouses and dependents have the option to
continue health coverage on a self-pay basis when coverage would otherwise terminate (other
than for gross misconduct). Depending on the circumstances, the employee or their
dependents may extend benefits for up to eighteen (18), twenty-nine (29), or thirty-six (36)
months at the employee’s expense.
Seniority for purposes of salary or longevity increments, promotions, vacation accrual rate, etc.,
shall not be affected for the first thirty (30) days of unpaid leave. Thereafter, the employee’s
anniversary date will be adjusted to reflect the period of leave without pay.
An employee in an unpaid leave of absence status will not accrue additional sick leave, vacation
time, retirement credit, or holidays during the period of absence.
9.15 FURLOUGH
During certain budget situations, the City Manager may allow or require an employee to take a
furlough. In furlough situations, regardless of whether the employee has existing leave available
or not, the employee may be required to take time off without pay as a budget-reduction
measure. All furlough is subject to the provisions of related Personnel Policies and existing state
and federal laws and is subject to approval by the City Council.
9.16 FLEX-TIME
At times it may be in the best interest of the City to work with employees on flexing schedules,
provided there is no adverse financial impact or performance cost to the City. At the employee’s
request or the City’s direction, hours/shift may be modified.
The City is committed to a safe and healthy workplace. Rest breaks provide essential
ergonomic and mental rest from the stresses of work. Start and end times for rest breaks may
be altered. However, the employee may not combine rest breaks with meal periods to leave
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early or to report late to work. A non-exempt employee cannot waive the right to overtime pay
for hours worked over 40 hours of work in a workweek.
Flex time is a temporary flexible hour schedule that allows the City or workers to alter workday
start and finish times. In contrast to traditional work arrangements that require employees to
work a standard 8 a.m. to 5 p.m. day, flextime typically involves a “core” period of the day during
which employees are required to be at work, and a “bandwidth” period within which all required
hours must be worked. The working day outside of the “core” period is “flexible time”, in which
the City or employees can establish alternate schedules, subject to achieving total daily and
weekly hours within the “bandwidth” period set by the City, and subject to the necessary work
being done. The total working time required of employees on temporary flextime schedules is
the same as that required under traditional work schedules. Hours may not be flexed between
workweeks; they must be flexed within the week the employee’s schedule was altered.
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CHAPTER 10 - DISCIPLINE AND TERMINATION
10.1 CORRECTIVE AND DISCIPLINARY ACTION
Supervisors are to give prompt attention to minor infractions, provide early counseling of
employees when their behavior or job performance falls below acceptable levels, and allow
reasonable time for employees to improve or correct problems brought to their attention when
circumstances warrant.
The City subscribes to the principle of corrective action and follows a policy of progressive steps
for minor infractions, as determined by the City. All corrective actions shall be documented on
the Notice of Disciplinary Action form. Corrective action for minor infractions will normally begin
with a documented Verbal Warning and when circumstances warrant, proceed to a documented
Written Warning. If the employee fails to correct performance or conduct after a Written
Warning, disciplinary action is usually taken, proceeding to suspension from work with or
without pay, demotion in status, and/or termination. However, in the case of serious infractions,
the progressive approach may not be suitable, and the City may proceed directly to the
appropriate corrective/disciplinary action, including consideration of termination. Subject to
collective bargaining or other legal requirements, the City retains the right to determine the
appropriate level of discipline in any particular situation considering the seriousness of the
offense and any other considerations.
All City employees are responsible for keeping themselves informed of the various rules that
affect their job responsibilities and personal conduct while on duty and/or representing the City.
These rules include but are not limited to: Administrative Policies and Procedures, Civil Service
Bylaws, collective bargaining agreements, and departmental policies and standard operating
procedures.
Directors and managers should ensure that supervisors: (a) have a thorough knowledge of the
applicable rules (b) understand the reasons for each of the rules; (c) administer the rules fairly,
consistently, and uniformly and (d) ensure that all employees they supervise are aware of and
understand the rules.
Supervisors should maintain a continuing record of all actions taken with respect to
corrective/disciplinary action. Notation should include dates, times, those present at all
discussions of corrective/disciplinary action matters, as well as the content of discussion and
any agreements reached.
Before any corrective/disciplinary action is taken against an employee, the supervisor should
determine: (a) what rule was violated; (b) who was involved; (c) when the violation or deficiency
occurred; (d) who were the witnesses, if any; and (e) the employee's past record (length of
service as well as previous violations).
The Human Resources Department and City Attorney should be consulted prior to proceeding
with corrective and/or disciplinary action. The Human Resources Department can advise both
supervisors and employees concerning corrective/disciplinary action methods and procedures
when issues are not clearly covered by either collective bargaining agreements or policies and
procedures.
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Depending on the nature of the behavior at issue, the City may place an employee on paid
administrative leave pending an investigation and determination regarding discipline.
All corrective actions shall be documented on the Notice of Disciplinary Action form.
PRE-DISCIPLINARY ACTION BY SUPERVISOR
Minor employee behavior which is not consistent with established rules, regulations, or
standards of performance should first be called to the employee's attention orally by the
responsible supervisor, in a timely manner.
A documented Verbal Warning is generally the first step taken for relatively minor infractions
and should be taken promptly. The supervisor should discuss the matter with the employee in
private and provide the employee reasonable opportunity to correct the matter involved. The
employee may request union representation consistent with the law and applicable bargaining
unit agreement (if applicable).
The employee should be advised of probable consequences of failure to improve or
correct the matter involved.
The Verbal Warning should be documented in writing, signed by the employee, and
maintained in the supervisor’s working file.
WRITTEN WARNING
Issued when an employee disregards an Verbal Warning for continuing related infractions, or for
infraction(s) of a more serious nature. The responsible supervisor should identify the nature of
the infraction in detail, specify the corrective measures to be taken, the timeframe, and place the
employee on notice that further behavior of the kind cited will lead to serious consequences, i.e.,
termination, demotion, suspension.
1. A Written Warning should be discussed, prior to issuance, with a supervisor of higher
level (manager or director) and/or the Human Resources Director and City Attorney to
ensure the appropriateness of the action.
2. The Written Warning should be signed by the person who has the authority to implement
the action that the notice states will be taken if the problem is not resolved.
3. The Written Warning should be discussed with the union representative (if applicable)
and the employee receiving the warning to ensure that the employee understands the
reasons for the action. The employee should be provided a copy of the Written Warning
at the time it is discussed and should sign an acknowledgement that it has been
received and is understood.
4. The original copy of the Written Warning shall be placed in the employee's personnel
file.
5. The employee may prepare a written statement presenting his/her viewpoint regarding
the matter. A copy of this statement should be provided to the supervisor and the
original placed in the employee's personnel file.
DEMOTION, SUSPENSION, OR TERMINATION:
1. Each action to demote, suspend, or terminate an employee should be documented by a
written statement regarding the basis for the action taken. The statement should be
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signed by the supervisor taking the action, reviewed by the City Attorney, and approved
by the City Manager prior to the action being taken.
2. The supervisor should provide the employee with a copy of any written complaints and
other documents upon which the disciplinary action is based. These documents may
have the names redacted for confidentiality purposes.
3. The employee will be informed of the disciplinary action being considered and, if
appropriate, possible future action(s).
4. In the event demotion, unpaid suspension or termination is the proposed action, the
supervisor shall notify the employee of a date, time and place the employee is to meet
with the supervisor and other authorized persons, (such as the employee's union
representative) to discuss the proposed disciplinary action. Advance notice of the
meeting should be given. During the meeting the employee should be given ample
opportunity to respond to all allegations.
5. The employee will be notified of the date the final decision regarding the proposed
disciplinary action will be made and communicated to the employee.
6. The employee will be informed of the right to submit a written rebuttal to all allegations
involved in the case and the right to include such document in the employee's personnel
records.
7. FLSA-exempt personnel are not subject to unpaid corrective/disciplinary suspensions
except as follows:
8. Unpaid suspensions of less than one week are permitted only for violations of safety
rules of major significance.
9. All other unpaid suspensions shall be in full week increments.
10.2 RETALIATION
The City of Moses Lake does not tolerate unlawful retaliation against employees, volunteers, or
contractors who engage in protected activities. Retaliation occurs when an employee, volunteer,
or contractor suffers employment-related adverse consequences because of their protected
activity.
Protected activities include, but are not limited to, the following:
Reporting unlawful discrimination, harassment, or retaliation.
Cooperating in an internal investigation regarding discrimination, harassment, or
retaliation.
Testifying in a legal proceeding regarding discrimination, harassment, or retaliation.
Requesting reasonable accommodation for a disability or sincerely held religious belief
or practice.
Reporting workplace safety issues.
Reporting financial irregularities or the mismanagement of public funds.
Reporting criminal misconduct.
Filing a worker’s compensation claim; or
Serving on a jury.
Employees, volunteers, and contractors do not receive protection for actions taken in bad faith.
Bad faith occurs when the employee, volunteer, or contractor provides false information with
knowledge that the information provided is false.
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Adverse employment-related consequences include, but are not limited to, the following:
Termination of employment
Demotion in position, responsibilities, or pay
Suspension
Other disciplinary action
10.3 TERMINATION
RESIGNATION
To resign in good standing, an employee must give the City at least fourteen (14) calendar days
prior written notice. This time limit may be waived by the employee's Department Director or the
City Manager. In certain circumstances, a resignation may be accepted and implemented
immediately.
INVOLUNTARY TERMINATION
The City Manager or designee has the authority to discharge or dismiss personnel from City
employment based on applicable standards under civil service, collective bargaining
agreements, or other City law policy or practice. Other personnel may have the authority to
effectively recommend to a department head and/or the City Manager the involuntary
termination of an employee.
EXEMPT
Department Directors and other employees who report directly to the City Manager, as
designated in the annual City budget, shall be subject to employment and termination at the
discretion of the City Manager. Probationary employees may be discharged without cause or
advance notice, and without recourse to any appeal procedures.
LAYOFF
Department Directors/Managers may, with approval of the City Manager, lay off employees
because of changes in duties in the organization, elimination of a position, lack of work,
shortage of funds, or other needs of the City as determined by the City Manager. Every
reasonable effort will be made to integrate those employees into available positions for which
they are qualified by transfer. Layoffs will not result in "bumping" employees in other
departments or in the same department.
The duties which were performed by laid off or terminated employees may be reassigned to
other employees.
10.4 RE-HIRING OF LAYOFFS
Individuals laid off may be eligible to be rehired to the position from which they were laid off
within six months of their layoff if they remain qualified to perform the position. Represented
employees should refer to their bargaining agreement regarding rehire or recall rights, if any.
Individuals who are rehired to a regular full-time position within six (6) months of layoff will
receive previous service credit towards their vacation accrual, unless provided under civil
service or in a collective bargaining agreement.
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10.5 EXIT INTERVIEW
When any regular-status employee leaves City employment, an exit interview may be offered by
the Human Resources Department. The purpose of this interview is to allow both the employee
and the City an opportunity to explore any areas for improvement that might exist within the
department and/or the City.
10.6 RETURN OF CITY PROPERTY
Upon separation, employees must immediately return all City property to the City, including
keys, security key cards and ID badges, equipment, documents, City credit card, etc.
10.7 FINAL PAYCHECK
The final paycheck following a separation of employment will be distributed on the next regularly
scheduled payday. The employee has the option of using direct deposit (if they are already
signed up for it), having the check mailed to them, or picking up the check in person from the
Finance Department. In the case of a death, the final paycheck will be distributed in accordance
with RCW 49.48.120.
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Receipt of City of Moses Lake Personnel Handbook
1. All employees should read the following and submit your acknowledgement
electronically, or have the option to sign, date, and return this page to Human
Resources. The form will be placed in your personnel file.
2. It is your responsibility to have read these policies, as they will acquaint you with your
employee benefits, City personnel practices and rules, and our organizational
philosophy.
It is important to understand that these policies do not create an employment contract
or a guarantee of employment of any specific duration between the City and its
employees. Although we hope that your employment relationship with us will be long
term, we recognize that at times things do not always work out as hoped, and either of
us may decide to terminate the employment relationship.
3. Unless specific rights are granted to you in employment contracts, civil service rules or
elsewhere, all employees of the City are considered at-will employees and may be
terminated from City employment at any time, with or without cause and with or without
notice.
4. Cities are subject to state and federal laws and, as a result, personnel policies may
change. The City, therefore, reserves the right to revise, supplement, clarify or rescind
any policy or portion of a policy when deemed appropriate by the City Manager. You
will be notified of any such changes.
5. Please also understand that no supervisor, manager, or representative of the City other
than the City Manager has the authority to make any written or verbal statements or
representations which are inconsistent with these policies.
6. If the City of Moses Lake mistakenly overpays you, you consent to the deduction of the
overage from your later paychecks. You also consent to deduction from your final
paycheck of: (1) any amounts advanced to you that remain unearned when your
employment with the City of Moses Lake ends, or (2) any amount necessary to
reimburse the City of Moses Lake for your own actions, such as failure to return City
equipment, unauthorized telephone charges, or damage to City equipment or property.
7. If you have any questions about these policies or any other policies of the City, please
feel free to ask your supervisor, director, or Human Resources.
I have read and understand the Personnel Handbook and statements above, have had an
opportunity to ask questions, and agree to abide by said policies.
_________________________________ ___________________________
Employee Signature Date
________________________________________
Print Name
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STAFF REPORT
To: Allison Williams, City Manager
From: Gail Gray, Interim Finance Director
Date: January 20, 2022
Proceeding Type: New Business
Subject: Purchasing Policy & Procedures Resolution 3879
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: N-A
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
Please see attached resolution establishing the Purchasing Policy & Procedures Manual.
On February 9, 2021, Council approved revisions to the Financial Management Policy & Stewardship
of Public Funds. At that time, Finance noted that a purchasing policy was being used by staff but
a more formal policy was being worked on. Since that time, staff have been working on developing
a Purchasing Policy & Procedures Manual that can be used city-wide.
A purchasing policy is an important set of rules that define how an organization procures goods and
services. It defines competitive bidding thresholds which direct staff which procurement process
should be followed, and it defines contract authority thresholds which define who can approve the
item. While an informal policy was previously in place, a formal policy will establish a single set of rules
that all departments will follow which will result in uniformity across the City.
The Purchasing Policy and Procedures Manual will serve as a guide and assist City staff on basic
procurement and contracting requirements as set forth in the Washington State statutes, and
local policies to ensure the City is receiving maximum value for the products and services received
and assure fiscal responsibility in the purchasing process.
Fiscal and Policy Implications
The Purchasing Policy and Procedures Manual will establish a single set of rules that all departments
will follow which will result in uniformity across the City. It will also help ensure that procurement and
contracting requirements set forth in the Washington State statutes are followed.
Moses Lake Council Packet 1-25-22, Page 161 of 210
Council Packet Attachments
A. Resolution Establishing Purchasing Policy and Procedures Manual
Finance Committee Review
This policy was presented to the Finance Committee at their December 14, 2021, and January 11, 2022,
meetings for review. The Committee provided no additional changes and recommended that it be
presented to Council for approval.
Legal Review In progress
Options
Option Results
Adopt the Resolution as presented. Purchasing Policy and Procedures Manual will
be implemented effective February 1, 2022.
Request Additional Information City staff will provide the City Council with the
additional information as requested.
Action Requested
Staff request Council adopt Resolution 3879 to establish a Purchasing Policy and Procedures
Manual.
Moses Lake Council Packet 1-25-22, Page 162 of 210
RESOLUTION 3879
A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ESTABLISHING A PURCHSING POLICY AND PROCEDURES MANUAL Recitals:
1. The City Manager directed staff to establish a formal Purchasing Policy and Procedures Manual. 2. The Purchasing Policy and Procedures Manual is intended to establish a single set of rules
that all departments will follow which will result in uniformity across the City. It will also help
ensure that procurement and contracting requirements set forth in the Washington State statutes are followed. Resolved:
1. The City Council approves the attached Purchasing Policy and Procedures Manual. 2. These polices will prevail over conflicting polices previously approved by the City Manager or adopted by the City Council.
ADOPTED by the City Council of the City of Moses Lake on this 25th day of January, 2022.
Dean Hankins, Mayor
ATTEST:
Debbie Burke, City Clerk
Moses Lake Council Packet 1-25-22, Page 163 of 210
City of Moses Lake
Purchasing Policy
& Procedures
Moses Lake Council Packet 1-25-22, Page 164 of 210
Competitive Bidding Thresholds
Category Limit Process Ref.
Purchases for materials,
supplies & equipment
including installation &
taxes
< $10,000
No formal bid requirements. Verbal
quotes, State contract, or use of
purchasing cooperatives are encouraged
2.1
> $10,000 or more 3 written quotes, State contract, or
qualifying purchasing cooperative
2.2
2.3
General service
contracts
RCW’s do not require bids for
services. This does not include
A&E
It is encouraged to get 3 quotes but use
reasonable judgement when evaluating
whether bids should be obtained.
2.12
Architectural &
engineering services Competitive process, comply with RCW
39.80 2.9
Federal grant guidelines,
2 CFR 200.320 (use
City or Fed, whichever is
more restrictive)
$3,000 or less, aggregate No bids if prices determined to be
“reasonable”
$3,001 - $150,000 aggregate 3 written quotes or State contract
Over $150,000 aggregate Sealed bids
Public Works (RCW
39.04 & RCW 35.23.352
as authorized in RCW
35A.40.200)
Project costs < $75,500 single
craft, street signalization or
lighting; or < $116,155 multi
craft
Direct quotes allowed, but bond and
retainage required, or
Limited small works process (only under
$50,000), or
Small works roster, or
formal bid process
2.6
2.7
2.8
Project costs < $350,000 Small works roster*, or
Formal bid process
2.7
2.8
Project costs > $350,000 Formal bid process 2.8
*Limited public works threshold to $50,000. Cities may waive retainage for roster projects. If estimated cost
exceeds $250,000, City must notify all contractors on the roster that bids are being sought (ESSB 5418).
Moses Lake Council Packet 1-25-22, Page 165 of 210
Contract Authorization Thresholds
Category Limit Authorized Signer
General services
and Public Works
Aggregate contract value < $50,000 Department Director
Aggregate contract value between
$50,000 - $100,000 City Manager
Aggregate contract value > $100,000 City Manager, authorized by City
Council
All Interlocal Agreements and multi-year contracts that have budgetary
impacts beyond a departments regular recurring budget authority must be
approved by Finance Committee and City Council prior to authorization.
Architect and Engineering Services are based on qualifications rather than
price. Reference section 2.9
Equipment &
supplies
Within budget capacity Department Director or designee
Not within budget capacity
Department Director or designee,
after Finance Committee or City
Council approval.
Any purchase related to technology must be approved by the Information
Systems Director (section 2.4)
Contract
amendments &
change orders
Amendment/change order
value < $50,000 Department Director or designee
Amendment/change order value
between $50,000 - $100,000 City Manager
Amendment/change order value >
$100,000
City Manager, authorized by City
Council
An amendment that brings the total contract value into a higher
authorization limit must be approved through the authorized signer process
for the higher authorization limit.
Example A: a contract for $90,000 was originally signed by the City
Manager. A $20,000 contract amendment would bring the total contract
value up to $110,000 which would have originally required Council
authorization. This amendment would need Council authorization.
Example B: A contract for $1,000,000 was originally authorized by City
Council. A $20,000 contract amendment can be signed by the Department
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Contents
1. INTRODUCTION ...................................................... 1
1.2 Code of Ethics (RCW 42.23) ........................... 1
1.3 Conflict of Interest ........................................... 1
1.4 Unauthorized Purchases ................................. 2
1.5 Sustainable Purchasing .................................. 2
1.6 Define the Need .............................................. 2
1.7 Determine the Cost ......................................... 2
1.8 Determining Contract Value ............................ 2
1.9 Exceptions to the Competitive Process........... 3
1.10 Emergency Procurements ............................... 3
2. NEW PROCUREMENT ............................................ 4
2.1 Small Purchases of Goods & Services ........... 4
2.2 State Contracts ................................................ 4
2.3 Large Purchases for Materials, Supplies &
Equipment ....................................................... 4
2.4 Technology Purchases .................................... 5
2.5 Public Works ................................................... 5
2.6 Small Works - Limited Public Works Process . 6
2.7 Public Works – Small Works Roster ............... 6
2.8 Public Works – Formal Bid Process ................ 6
2.9 Purchases of Architectural and Engineering
(A&E) Services ................................................ 7
2.10 Public Works - Design Build ............................ 7
2.11 Purchases of Professional Services ................ 7
2.12 Purchases of General Services ....................... 8
3. OTHER PROCESSES AND CONSIDERATIONS ... 9
3.1 Request for Proposal (RFP) and Request for
Qualifications (RFQ’s) .................................... 9
3.2 Bid Opening Process .................................... 10
3.3 No Bid or Non-Responsive/Responsible Bids
or Submittals ................................................. 10
3.4 Rule 171 – Sales Tax Exemptions ................ 11
3.5 Prevailing Wages .......................................... 11
3.6 Retainage ...................................................... 12
4. CONTRACT CONSIDERATIONS .......................... 12
4.1 The Contract ................................................. 12
4.2 Payment Options .......................................... 13
4.3 Contract Executions & Administration .......... 13
4.4 Contract Monitoring – Performance .............. 14
4.5 Contract Monitoring – Payment .................... 14
4.6 Amendments & Change Orders .................... 15
4.7 Contract Close-Out & Termination ................ 15
5. OTHER PURCHASING INFOMATION .................. 16
5.1 Purchase Order Procedures ......................... 16
5.2 Disposal of Surplus Property ........................ 17
5.2 Capital Outlay – Fixed Assets ....................... 17
5.4 Credit Card Policy ......................................... 17
Common Acronyms, Terminology and References ...... 18
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1. INTRODUCTION
1.1 Purpose of the Policy
The Purchasing Policy and Procedures Manual is provided to guide and assist City staff on basic procurement and
contracting requirements as set forth in the Washington State statutes, and local policies to ensure the City is receiving
maximum value for the products and services received and assure fiscal responsibility in the purchasing process.
This Policy establishes guidelines and clarifies the procedures for public work projects; the procurement of professional
and personal services, including architectural and engineering design services; the acquisition of supplies, equipment,
and materials; and the acquisition of services through competitive negotiation when needed as indicated in the
Purchasing Manual Matrix at the beginning of this document. These guidelines do not apply to the acquisition, sale,
conveyance, license, or lease of real property.
All references to the Revised Code of Washington (RCW) and Federal grant regulations shall be incorporated as part of
this policy including all future amendments.
It should be understood that anyone purchasing goods or services with Federal or State funds will understand and abide by
the purchasing guidelines set forth by the granting agency. In cases where these policies conflict with any State and
Federal law or regulations, the terms of that law or regulation prevails.
1.2 Code of Ethics (RCW 42.23)
The public must have confidence in the integrity of its government. The purpose of this Code of Ethics is to give
guidance to all employees and elected officials so that they may conduct themselves in a manner which will be in the
best interest of the City of Moses Lake.
It is essential that those doing business with the City observe the following guiding ethical standards:
• Actions of City employees shall be impartial and fair.
• The City will not accept, donations of materials or services in return for a commitment to continue to initiate a
purchasing relationship.
• City employees may not solicit, accept, or agree to accept any gratuity for themselves, their families or others that
would or could result in personal gain. Purchasing decisions must be made impartially.
• The City does not discriminate on the basis of sex, age, race, color, religion, national origin, mental or physical
disability, marital, veteran or any other protected status.
• To keep confidential all information acquired by reason of one’s position, which may be used for personal or
financial gain for the employee or other persons.
• City employees shall not accept monetary gifts of any kind: cash, debit/credit cards, refundable vendor gift
cards, etc. excluding: non-monetary gifts valued less than $50.00, items received that do not result in personal
gain, samples to the City used for general City use.
1.3 Conflict of Interest
City staff or Council Members may not undertake consulting, professional practice or other assignments which would result in a
conflict of interest. If a potential conflict of interest exists the employee or Council Member will notify their supervisor, the
Mayor and/or City Attorney to determine if the employee or Council Member should continue being involved with the purchase
or contract.
Personal gifts or gratuities that might influence or give the appearance of influencing the requisition or purchase of
material(s) must be declined.
City officers, employees, and agents may not participate in the selection, award, or administration of a contract supported by a
Federal award if they have a real or apparent conflict of interest. As stated in 2 CFR 200.318(c), such a conflict of interest would
arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which
employees or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal
benefit from a firm considered for a contract. The officer, employees, and agents of the non-Federal entity must neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
Employees violating this section are subject to disciplinary action commensurate with the severity of the violation, ranging from a
letter of reprimand to termination of employment. Any instance where a potential conflict of interest may arise must be disclosed in
writing by the responsible department to the federal awarding agency or pass-through entity in accordance with applicable Federal
awarding agency policy.
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1.4 Unauthorized Purchases
Purchases for personal use are not allowed. The person ordering the unauthorized and unjustified purchase is
personally liable for the costs of the purchase or contract and may be subject to disciplinary action, up to and including
termination. If the purchase was made without proper authorization but is in fact a justified purchase, then the
Department Director has the option to approve the purchase after the fact; unauthorized purchases may be subject to
disciplinary action, up to and including termination, regardless of after the fact approval.
1.5 Sustainable Purchasing
The City shall acquire its goods and services in a manner that complies with all federal and state laws, and other
requirements (e.g., City ordinances or resolutions, interlocal agreements). The City shall purchase and use materials,
products and services which are fiscally responsible. Fiscal factors to be considered include but are not limited to: lowest
total cost; leveraging the City’s buying power; impact on staff time and labor; long-term financial/market changes;
technological advances in a rapidly changing market.
1.6 Define the Need
The first question that should be answered is what type of purchase is it? The major categories of purchases include:
Public Works: (RCW 39.04.010) includes all work; construction; alteration; repair or improvement other than ordinary
maintenance, unless such maintenance is contracted out; executed at the cost of the City:
• Examples: demolition, remodeling, renovation, road construction, building construction, and utilities construction.
• Ordinary maintenance is not specifically defined in this statute but is generally considered to include work not
performed by contract and performed on a regular basis to service, check or replace items that are not broken.
• For purposes of prevailing wage requirements, public works includes ordinary maintenance when performed by
contract. See Section 3.5 discusses prevailing wages.
Materials, Supplies and Equipment - Materials, supplies and equipment are considered tangible items which are manufactured
and are moveable at the time of purchase. It is important to distinguish between materials, supplies and equipment used in
public works contracts as opposed to non-public works contracts as different bidding requirements apply to each. Examples
are: office supplies, off the shelf software, hardware, trucks, copy machines, auto parts, gravel, and janitorial supplies.
Services: Distinguishing between services and public work is also important, as services may also have different bidding
requirements. Services include the labor, time, or effort of a human being. The City has three classifications of services:
1. Professional Services: Services provided by independent consultants that require specialized knowledge, advanced
education, professional licensing, or certification and where the primary service provided is mental or intellectual,
involving the consistent exercise of judgment and discretion. Examples are: accountants, attorneys, consultants, graphic
artists.
2. Architectural and Engineering Services (A&E Services): These services are to be acquired under the authority and
procedures outlined in RCW Chapter 39.80. Examples are: engineers, land surveyors, architects, and landscape
architects.
3. General Services: All other service-related work that is not considered a public work or professional service. Most
often these are routine in nature (i.e.: yearly, monthly, weekly, etc.). Examples are: building maintenance, elevator
maintenance, and instructors.
1.7 Determine the Cost
Once the need has been defined, the estimated cost of the goods or services will generally determine what competitive
selection process will need to be followed. Estimated costs should include: all applicable sales and use taxes, freight, set up,
etc., all phases of construction related work (but not engineering or architectural design fees). RCW 35.23.352(1) prohibits
splitting public work project costs to avoid the appropriate advertising and bidding requirements. Costs should not include
donated materials, labor, supplies, etc.
1.8 Determining Contract Value
Contract value refers to the total aggregate value of the contract including all base periods, plus potential renewal periods.
• Example #1: A three-year contract for $40,000 per year is considered a $120,000 contract.
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• Example #2: A contract originally routed as a one year $40,000 contract. If a renewal is negotiated for an additional
year for another $40,000, the aggregate value of the contract becomes $80,000.
• Exception: Hardware/software maintenance agreements are treated as stand-alone agreements and do not need to be
aggregated to the original hardware/software purchase agreement.
For determining purchasing thresholds of contracts that do not have a stated value (such as mutual benefit contracts),
the contract value should be determined based on the gross value of goods or services being provided.
1.9 Exceptions to the Competitive Process
Exceptions to the competitive process - Applies to contracts for public works and contracts for purchases, providing Federal or
State grant purchasing requirements are met. Exceptions should make good business sense and be in the best interest of the
City. In all cases, it is the City’s responsibility to conduct a good faith review of all available providers and determine that the
requested vendor is the only applicable provider of such services/items. It is important to note that ONLY the requirement for
competitive bidding or advertising is waived. It does not waive any contractual requirements, approvals, or insurance
requirements.
Exemptions to the Competitive Bidding Requirements as Provided in RCW 39.04.280(1):
Type Example
Purchases that are clearly and
legitimately limited to a single source of
supply
Licensed or patented goods or service.
Items that are compatible w/ existing equipment, inventory,
systems, programs, or services.
Meets City standards (i.e. meters).
Factory-authorized warranty services.
Meets the specialized need of the City.
Purchases involving special facilities or
market conditions Item is of special design, shape or manufacture that matches or fits
w/ existing equipment, inventory, systems, programs, or services.
Purchases of insurance or bonds Insurance or bonds.
Purchases in urgent need or emergency See Section 1.10.
Certain government to government
purchases
If another City provides maintenance service to Moses Lake using
their own forces, no competitive bidding requirements arise.
However, if the other City contracts with a private company for this
service, competitive bid limits would apply.
Exemption Process - The reason the non-emergency purchase or contract is exempted from required procedures should be
documented prior to the purchase or contract award. Explain what features/knowledge/qualification the vendor can provide that
are not available from other sources. Exemptions in emergency situations must be approved by the Department Director or
designee and must be documented immediately after the purchase or contract award. The documentation should be kept in the
purchase or contract file and is open to public inspection.
1.10 Emergency Procurements
For purposes of this section “emergency procurement” means unforeseen circumstances beyond the control of the City
that either: (a) present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in
material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. Competitive bidding may be
waived subject to the following process, (RCW 39.04.280(2)):
Emergency Process:
• Step 1 – Notify the Department Director or designated Department Manager of emergency. If the Department Director
or designated Department Manager determines that an emergency situations exists and a contractor needs to be called
in, the Director will notify the City Manager of the situation.
• Step 2 – Upon concurrence of the City Manager that an emergency situation exists, and upon the City Manager’s
authorization, contractors can be called upon to make necessary repairs.
• Step 3 – Department will develop a contract, outlining prevailing wage, bond requirements, and payments schedules.
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• Step 4 – The Department must also prepare written determination of the basis for the emergency. This written
determination shall be included in the contract file and entered into the public record no later than two weeks following
the award of the contract.
• Step 5 – The Department Director will ensure that a description and estimate of the work is published within seven (7)
days of commencement of the work (RCW 39.04.020).
• Step 6 – Details of the emergency will be presented to the City Council within two weeks (or as soon as practical)
following the award of the emergency contract.
2. NEW PROCUREMENT
2.1 Small Purchases of Goods & Services
Small purchases are typically goods or services (excluding Public Works) under $10,000 and include memberships,
training, etc. These purchases can be made using Purchase Order. Federal grant expenses must follow federal
guidelines which may be more restrictive than City policy. See 5.1 for purchase order procedures.
Process Allowed Uses Non-Allowed Uses
Credit card/ purchase
order (see Section 5.4 for
the Card Policy)
Business related purchases where
an account can’t be established or
would delay the purchase of a critical
item, business travel reservations.
Alcohol, capital equipment, cash advance,
consulting services, personal items,
professional services, businesses where
account is established
Purchase order or misc.
services
Goods and Services at low risk and
not otherwise covered under a
contract. Example of misc. services:
subscriptions, memberships, training
2.2 State Contracts
The Washington State Department Enterprise Services (DES) offer existing contracts for goods and services that the City may
use. The City has signed the Master Contracts Usage Agreement with DES for the ability access their contracts and encourages
the use of these contracts whenever possible. When using a state contract the City, utilizing the State’s competitive process
thus eliminating the need for the City to perform one.
Purchases made with a State Contract must be approved in the same manner as any other purchase. See the Purchasing Manual
Matrix at the beginning of the document for the purchasing approvals requirements. The web site for DES contracts is:
http://des.wa.gov/services/contracting-purchasing.
Things to consider when purchasing on a State Contract:
• Review State contract for participation requirements and work with State buyer.
• Contact vendor to verify the vendor will honor State contract pricing. Obtain details of purchase including
invoicing, availability, delivery, etc.
State contracts include standard terms and conditions. When utilizing a state contract, all of the state contract terms and
conditions apply. However, on occasion, the City may opt to change the state’s contract requirements which will require
the City to develop its own Purchase Agreement identifying those requirements that are unique to the City’s purchase.
A City purchase order will be needed for equipment and supplies purchased through a state contract and may require a
State PO as well. See 5.1 for the purchase order procedures.
2.3 Large Purchases for Materials, Supplies & Equipment
Any purchase of material, supplies, and equipment, where the cost exceeds $10,000 shall be by written quote, state contract,
qualified purchasing cooperative or competitive process. Purchases for supplies, materials and equipment included in the
budget shall be approved by the Department Director or designee. Purchases not in the budget must be approved by the City
Council.
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Things to consider when making a large purchase for material, supplies & equipment that do not qualify as a public
work:
• Identify grants funding requirements to follow, if any
• Prepare product specifications - warranties, delivery, liquidated damages, etc.
• Prepare documents – advertisements, equal opportunity, bid proposal sheet bidder’s checklist, bid bond, etc.,
as needed
• Advertise, publish, and notify – call vendors or advertise in official newspaper, in Daily Journal of Commerce,
on internet, email notifications, as appropriate
• Prepare addenda if required and notify plan holders and post online
• Schedule and conduct bid openings, when needed
• Award the bid after determining the lowest, responsible, responsive bidder and prepare council agenda
materials, if needed
The Purchase Agreement documents:
• Contact information for both contractor and city employee.
• Bid/Specifications including successful vendor’s required forms submitted at time of bid (e.g.: Non-Collusion, Affidavit
of Equal Opportunity, Bid Offer Form, etc.), as appropriate.
• City’s Insurance Requirements with successful vendor’s Certificate of Insurance, if appropriate.
Document storage & Routing
• A copy of the Purchase Agreement documents should be available to the City’s authorized signer to review and in the
agenda packet when City Council approval is needed.
• Send an electronic copy of the signed multi-year agreements to the City Clerk to record in the city’s Document Center
and an email notification of all new contracts to other impacted departments.
2.4 Technology Purchases
To purchase telecommunications and data processing (computer) equipment or software the City must determine what
is being purchased: is it a service, installation, supply or equipment. If the software, phones, or computers are off the
shelf it is most likely a supply or equipment. If a major portion of the software cost is to customize the program for City
needs, then the purchase is service. If the purchase involves installation of cable, conduits, and other devices the
purchase may be a public works. Each type of purchase has its own purchasing requirements to follow and is discussed
throughout Section 2 with the RFP/Q process discussed in Section 3.1. If the purchase is determined to be a public
works RCW 39.04.270(3) allows a negotiation process rather than taking the lowest responsive/responsible bidder that
is required in a typical public works bid.
Departments must work with the Information Technologies Department to purchase both hardware and software, to
allow that department to adequately support these technologies. This will help ensure compatibility with the City’s
electronic computing systems and will provide a more satisfying and dependable computing experience for the users.
All potential acquisitions of electronic computing systems, including workstations, peripherals, and software, must be
approved by the Information Systems staff. This includes acquisitions using grant funds. Prior to the requisition
request, the requesting department and/or user must complete the HR Onboarding Request Form at least two weeks in
advance of employee hire date. The Information Systems staff will review the request with the requester. If the request
is approved, Information Systems will purchase the product on behalf of the requesting department. Electronic
Computing Systems is all information technology (e.g., hardware and. software) owned by the City and used to conduct
official business.
2.5 Public Works
Public Work – RCW-39.04.010 - "Public work" means all work, construction, alteration, repair, or improvement other
than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on
any property therein.
Limitations on work by public employees Day Labor Limit - RCW 35.23.352 defines the limits where the City can use their
own labor force to perform a public work, this limit is currently set at $75,500 for projects including a single craft and $116,155 for
projects including multiple crafts.
Determining the Cost of a Public Work - The total construction cost of each project must be estimated to correctly apply bid limit
dollar amounts to determine if a public works project must be competitively bid. This estimate may be prepared by an outside
third party; however, the final cost estimate must be validated by the City. The total construction cost (estimated as if the project
were to be bid) is used to make that determination. The estimate shall include materials, supplies, equipment, and labor on the
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construction of that project and applicable sales and use taxes. However, the value of volunteer labor, donated material, or
donated equipment need not be included in the cost estimate for a public works project, as these are not a cost to the agency.
Bid Splitting - RCW 35.23.352(1) and RCW 39.04.155(4) prohibits the division of a project into units of work or phases of work
to avoid the restriction on work that may be performed by day labor on a single project.
Small Works Roster - The City of Moses Lake has contracted with Municipal Research and Services Center of Washington
(MRSC) for the City’s use of a statewide electronic database for small public works roster and consulting services developed
and maintained by MRSC. Access to the Small Works Roster is available: http://www.mrscrosters.org/. At least once a
year, on behalf of the City, MRSC publishes in a newspaper of general circulation within the jurisdiction a notice of the existence
of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added
to the appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The City may
require master contracts to be signed that become effective when a specific award is made using a small works roster.
2.6 Small Works - Limited Public Works Process
A work, construction, alteration, repair, or improvement with the project costs estimated to be < $75,500 for a single craft,
street signalization or lighting or < $116,155 for a multiple craft project, may negotiate with an individual contractor, but are
subject to bonding and retainage requirements. Public Works projects with costs less than $50,000 qualify as a Limited
Public Works and may follow the procedures below, waiving retainage and bond requirements (federal/state guidelines
prevail).
Department will solicit electronic or written quotations from a minimum of three contractors from the appropriate small works
roster. Invitation for quotations shall include an estimate of the scope and nature of the work to be performed, materials and
equipment to be furnished, and the date, time, and location to return quote. However, detailed plans and specifications need not
be included in the invitation. A limit of three electronic or written quotes are required, and the contract shall be awarded to the
lowest responsible bidder.
Limited Public Works Process:
• The City will maintain a list of the contractors contacted and contracts awarded during the previous 24 months under
the limited public works process, including contractor name, registration number, amount of contract, brief description of
work and date contract awarded.
• All contracts shall utilize the City of Moses Lake’s Small Works General Conditions that outlines prevailing wages,
retainage, insurance, and other City requirements.
• The contract shall be awarded to the lowest responsible bidder and approved in accordance with the Purchasing Policy
Matrix.
• Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email
for electronic signature routing and an email notification to other impacted departments.
2.7 Public Works – Small Works Roster
When the estimated cost of a public works project is $350,000 or less, the City may follow the Small Works Roster (SWR)
process for construction of a public work or improvement in accordance with RCW 39.04.155.
Small Works Roster process can be used to obtain quotes/City Council awards quote, Municipal Services accepts the work.
Small Works Roster process:
• Prepare a bid package that includes the City Small Works General Conditions.
• Prepare an advertisement for bids that indicates the estimated project cost, bid opening date, a brief description of the
project, and where bid documents can be found. Send advertisement to all contractors on the MRSC Small Works
Roster that have indicated that they can perform the type of work being solicited.
• The contract shall be awarded to the lowest responsible bidder and approved in accordance with the Purchasing Policy
Matrix.
• Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email
for electronic signature routing and an email notification to other impacted departments.
2.8 Public Works – Formal Bid Process
Competitive bidding is designed to prevent favoritism in awarding public work contracts and to enable local governments to
obtain the best work or supplies at the most reasonable prices. It is also designed to provide a fair forum for bidders and to
protect the public interest. Projects with estimated costs equal to or greater than $350,000 must be bid.
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Formal Bid Process:
• Department will compile bid package.
• The notice to bid is to be published in the official newspaper at least 13 days prior to the date bids are to be received. The
notice shall state the nature of the work for which plans and specs will then be on file.
• Bids must be sealed and filed within the time specified.
• Each bid requires a bid proposal deposit of 5% or more in the form of cashier’s check, postal money order, or surety
bond.
• Prevailing Wage and Wage Certification form is required.
• Public bid opening is required.
• City Council approval is required.
• Grant funded projects may have additional or stricter bid requirements.
• Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email
for electronic signature routing and an email notification to other impacted departments.
2.9 Purchases of Architectural and Engineering (A&E) Services
A&E services are to be acquired under the authority and procedures outlined in chapter RCW 39.80. A&E consultants are
initially selected based upon their qualifications, rather than price (see RCW 39.80.050). The City will negotiate a contract with
the most qualified firm at a price which the City determines is fair and reasonable.
There are two ways to select an A&E firm based upon their qualifications:
• Roster/SOQ Review – It is the City’s policy to select three or more consultants from the A&E roster maintained by
MRSC in the relevant service category and evaluate their qualifications. When possible, one qualified consultant with a
MWDBE classification should be included in the three selected. Documentation of the three reviews is required.
• Project Specific RFQ
o Use the Consultant Roster to send out RFQ to consultants in the relevant service category. When possible, one
qualified consultant with a MWDBE classification should be included. See RFP’s and RFQ’s Section 3.1 for further
information.
o Advertise the need for project specific consultant services in the official newspaper. This process is required
for federally funded projects per the Washington State Department of Transportation Local Agency
Guidelines.
• Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email
for electronic signature routing and an email notification to other impacted departments.
2.10 Public Works - Design Build
RCW 39.10.300 allows the design-build procedure for public works project where the total project cost is greater than
two million dollars under three conditions: the construction activity is highly specialized and the design build approach is
critical in developing the construction methodology, the project selected provide opportunity for greater innovation or
efficiencies between the designer and the builder, or significant saving in project delivery time would be realized.
To utilize the design-build procedure, public agencies must seek certification per RCW 39.10.270. Once certified, cities
may use the design-build procedure on individual projects for a period of three years without seeking additional
approval. Alternatively, public agencies that are not certified to use design-build can seek certification to use the
procedure on individual projects per RCW 39.10.280.
Certification of public agencies is managed by the state’s Project Review Committee. This committee works under the
Washington State Department of Enterprise Services’ Capital Projects Advisory Review Board.
2.11 Purchases of Professional Services
Services provided by contractors that require specialized knowledge, advanced education, professional licensing, or
certification and where the primary service provided is mental or intellectual, involving the consistent exercise of judgment and
discretion is considered a Professional Service.
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Professional Services are primarily three categories: architectural and engineering (A&E), purchased services and consultants.
• A&E is discussed further in Section 2.9
• Purchased services have established or standardized procedures, contribute to daily activities, complete
specific assignments, may require payment of prevailing wages and may include: delivery services, artists,
landscaping & janitorial services, vehicle maintenance services, HVAC system maintenance, and elevator
maintenance
• Consultant services is an independent person or firm contracting to perform a service, make a recommendation,
or render an opinion without being in the control of the City except as to the result of the work. Consultant
service do not include A&E services that have to follow RCW 39.80.
The RCW’s do not require the City to follow a competitive process for professional services except for A&E. Contracted services
should be evaluated to verify the City is receiving the best service and price reasonably possible. Judgement should be used in
determining if a full competitive process should be followed, obtaining three quotes, or staff’s knowledge of the area and the
service providers is sufficient to ensure best price & service delivery.
Professional Service contract approvals are: up to $50,000 and 5 years term is approved by the Department Director or designee
provided there is budget capacity, $50,000 (Public Works) $30,000 (All others) is approved by the City Manager. Contracts or
services that could reasonably be defined as carrying out policy provisions in the budget are required to be approved by the City
Council regardless of the amount. Contracts of any amount that are not consistent with the adopted budget require prior City
Council approval. Contracts in excess of $50,000 are approved by the City Council.
Things to consider when contracting for professional services but not A&E:
The Professional Services Agreement could include:
• Contact information for both contractor and city employee.
• City’s Scope of Services.
• Consultant’s Proposal.
• City’s Standard Insurance Requirements & Consultants insurance certificate.
Information and Technology contracts may also include:
• Security Addendum, Nondisclosure Agreement, and Technology Resource Usage Policy.
Routing
• The documents should be available to the City’s authorized signer to review or included in the agenda packet when Council
approval is needed.
• Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email
for electronic signature routing and an email notification to other impacted departments.
Federal and state laws prohibit contractors to be treated as employees. An Independent Contractor must meet the following
six tests established by the Department of Labor & Industries otherwise they are an employee with all the employee
benefits and potential penalties if found in non-compliance.
• An Independent Contractor is free from substantial control by the employer (e.g., output, scheduling, or
resources).
• Operates from a site or location not owned by the contracting agency.
• Individual is customarily in an established trade or business.
• Individual has established an account with the Dept. of Revenue and any other state agency that collects taxes.
• Individual is responsible for filing schedules with the IRS.
• Individual maintains a separate set of books and records reflecting items of income and expense of his/her
business.
2.12 Purchases of General Services
All other service-related work that is not considered a public work or professional service. Most often these are routine in
nature (i.e.: yearly, monthly, weekly, etc.) The RCW’s do not require a competitive process for the selection of general services,
with the exception of the City newspaper.
The RCW’s do not require the City to follow a competitive process for professional services except for A&E. Contracted services
should be evaluated to verify the City is receiving the best service and price reasonably possible. Judgement should be used in
determining if a full competitive process should be followed, obtaining three quotes, or Staff’s knowledge of the area and the
service providers is sufficient to ensure best price and service delivery.
If a competitive process was determined to be the best option, the RFP or RFQ procedures would be followed in Section 3.1.
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When considering General Services remember that all public works, including maintenance when performed by contract,
shall comply with RCW 39.12.020 as it pertains to prevailing wage requirements. According to RCW 39.04.010(4) there
are clearly two categories of work that must comply with prevailing wage requirements: (1) Public Works and (2)
Maintenance when performed by contract.
See the Purchasing Matrix at the beginning of this document for contract approval requirements.
Things to consider when contracting for General Services:
The General Services Contract may include:
• Contact information for both the contractor and city employee.
• City’s Scope of Services.
• Contractor’s Quote/Proposal.
• City’s Standard Insurance Requirements and Consultant’s insurance certificate.
Routing
• The contract documents should be available to the City’s authorized signer to review or included in the agenda packet when
Council approval is needed.
• Send a copy of the unsigned agreement to the City Clerk’s Office with the vendor contact name, title, and email
for electronic signature routing and an email notification to other impacted departments.
Examples of General Services:
• Customized accounting software and ongoing support services.
• Cemetery, landscaping, building and grounds maintenance contracts.
• Contracts for snow and ice removal.
• Garbage collection and disposal (Solid waste collection and disposal contracts do not have to be bid. An
RFQ/RFP process as noted in RCW 35.21.156 can be used.
• Maintenance contracts for office equipment, including computers.
• Official newspaper (must call annually for bids per RCW 35.23.352(7)).
Comments:
• Snow plowing of City streets is not subject to bid laws or prevailing wages.
• Fire extinguisher inspection and replacement is subject to prevailing wages but not bid laws.
• Services that are for inspection and certification, only, are not Public Works.
3. OTHER PROCESSES AND CONSIDERATIONS
3.1 Request for Proposal (RFP) and Request for Qualifications
(RFQ’s)
An RFP is a method of soliciting competitive proposals for a defined scope of work. The proposals would normally include
factors to measure qualifications, delivery, and service reputation as well as price. Stated another way, an RFP is a formal
invitation from the City to a company to submit an offer. The offer is to provide a solution (or proposal) to a problem or need that
the City has identified. An RFP is a solicitation process whereby the judgment of the supplier’s experience, qualifications, and
solution may take precedence over their cost proposal to the City.
Elements of an RFP may include: project background and scope of services; definitions; minimum qualifications; technical
requirements (if any); schedule; cost proposal; submittal requirements; evaluation process and criteria; insurance requirements;
funding sources (if applicable).
An RFQ is a method of soliciting competitive proposals that considers and evaluates companies based on demonstrated
competency and qualification rather than price. This process is typically used for A&E services where price is not a
consideration. An RFQ will generally result in negotiations.
Elements of an RFQ may include: project background and scope of services; project budget and source of funding; schedule;
minimum qualifications; submittal requirements; selection process/evaluation criteria.
Depending upon the complexity of the project, a typical RFP/Q may take 6-8 weeks to complete.
Things to consider when using an RFP or RFQ:
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• Develop draft RFP/RFQ and include; schedule, grant funding requirements, scope of services, qualifications,
selection process or evaluation criteria, submittal requirements, proposal validity period, term of contract.
• Identify roster category and companies.
• Advertise and publish or notify on City’s/MRSC website or email notifications.
• Determine the participants to evaluate the RFP’s and/or interview the proposers.
• Based on the amount of the service provided get approval to negotiate with the selected proposer(s).
3.2 Bid Opening Process
Bid Due Dates - It is important to make the bid submittal time clear in the bid documents. For example, “The bid form will
be received up to 3:00:00 p.m. on April 27, 2010. Bids received after the date and hour, based on the time on our clock, will
not receive consideration.” For example, if a bid is due at 2:00 p.m., a bid received at: 1:59 p.m. is on time; 2:00 p.m. is on
time; however, a bid received at 2:00:01 is late. If a bidder insists on submitting the bid after the time due and leaves it, do
not open it. Make a photocopy of the bid envelope with the time stamp, and immediately return the bid by certified mail,
return receipt requested.
Equal Treatment of Bidders - Avoid giving bidders an advantage to include: not permitting bidders use of private offices and
conference space for finalizing bid prices, providing an envelope for bidder to use in sealing the bid, or permitting bidder to
use the agency’s telephone, computer, fax, or photocopier. Avoid disclosing the names and numbers of bidders who have
submitted bids.
Receiving Bids Checklist - Is the bid in writing (no fax, email, telephone or oral bids, the Small Works Roster may have
fewer formal requirements); did the bidder attend the mandatory pre-bid meeting, if applicable; is the bid envelope sealed-offer
tape if not sealed; is the correct information on the envelope; is the time stamp clear; is the time stamp prior to deadline?
All bids received shall be kept in a secure and centralized location not accessible to other bidders. Bids should never be left
unattended.
Withdrawal & Modification of Bids (unless otherwise specified in contract bid document) - A request to withdraw or modify
the bid in advance of the deadline may be received verbally or in writing. If unfamiliar with the bidder, ask for identification.
Make a photocopy of the face of the bid envelope, ensuring the bid receipt time shows up on the copy; have the bidder sign
the photocopy with the following “Received by (signature, printed name, date, time.); keep the original signed photocopy;
remove the bid receipt stamp or cross it out on the face of the bid envelope and return the bid envelope to the bidder; notifying
the bidder that if they choose to resubmit the bid, it must be received prior to the bid submittal deadline, and stamped in
again with a new time and date stamp, prior to the deadline.
Modifying Bids from a Distance (unless otherwise specified in contract bid document) - The bidder may submit additional
information modifying a previously submitted bid if the modification is: received in writing; signed by an authorized
representative of the bidder; received prior to the bid receipt deadline; in a sealed envelope; clear in stating what prices are
being changed.
Opening the Bids - Projects following the formal bid process should be opened in a public meeting. Read each bid before
opening the next one. Consider using one person to open the bids and the second person to read. The project manager
should record the prices on a bid tabulation form. The bids will be evaluated for responsiveness after the bid opening. If a
contractor wishes to review the bids after the bid opening, allow only one contractor at a time to review the bids in a monitored
environment. Provide a Bid Summary that is available for public review within 24 hours on City website.
3.3 No Bid or Non-Responsive/Responsible Bids or Submittals
No Bids or Submittals Received - As provided in RCW 35.23.352(1), in the event the City does not receive any bids or
submittals on the first call, the City has three options: 1) re-advertise and make a second call, 2) enter into a contract with
any qualified contractor, or 3) purchase the supplies, materials or equipment and perform such work and improvement by
day labor (City staff). Before determining which option would best fit, the department should conduct a survey of the
registered bidders or proposers or any other known interested parties to determine: 1) why didn’t they submit, 2) was the
City’s document too restrictive or too complex, 3) was there ample time to submit, and 4) were there too many open
questions before the due date? The City Attorney’s Office may provide additional assistance in determining the best option.
Determining Lowest Responsible Bidder - The City shall award the contract for the public works project to the lowest
responsible bidder, provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price
obtainable, all bids may be rejected, and the City may call for new bids. A responsible bidder shall be a registered and/or
licensed contractor who meets the mandatory bidder responsibility criteria established by RCW 39.04.350 and who meets
any supplementary criteria established by the City. Check WSDOT standard specification requirements if contract is based on
WSDOT.
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Non-Responsive and/or Not-Responsible - The City shall draft bidder responsibility criteria that are based upon clear
business reasons and the criteria must not be overly restrictive of the bidding pool. Note that in Washington State, a bidder
who objects to the supplemental bidder responsibility criteria may request the City to modify the criteria before the bid
submittal deadline. Refer to RCW 39.04.350.
Bids may be rejected as non-responsive for multiple reasons including lack of subcontractor’s list when required (for
contracts in excess of $1M or contracts of 3 or more trades), insufficient bid guarantees, bids submitted after the deadline,
did the bidder qualify the bid and/or lack of acknowledgement of addenda. In general, a material irregularity is required
before the bid may be deemed non-responsive which is defined as any variance which provides “a bidder substantial
advantage or benefit not enjoyed by others.” In the event the City receives a bid or submittal on the first call but it is deemed
non-responsive or non-responsible, the department may consult with the Attorney’s Office to determine whether it is a material
or immaterial irregularity. Each project will be evaluated on a case-by-case basis.
3.4 Rule 171 – Sales Tax Exemptions
Normally sales tax applies to every sale of tangible personal property (and some services) to all persons, including cities.
Thus, for bid limit purposes, the tax must be included when determining the cost of a public work, or when calculating the cost
of materials, supplies, and equipment purchases separately from a public work.
However, there are some sales and use tax exemptions for certain public work projects. The exemptions include:
• Labor and services rendered for the building, repairing, or improving of any street, place, road, highway, easement,
right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle owned by a city or town
which is used primarily for pedestrian or vehicle traffic (RCW 82.04.050(10) and WAC 458-20-171). Materials used in
constructing these projects are not exempt from the sales and use tax. Private contractors that work on city street
projects are exempt under these statues as well. City parking lots are not exempt.
• Labor and services for the processing and handling of sand, gravel, and rock taken from city pits and quarries when
the material is for publicly owned road projects (RCW 82.08.0275 and WAC 458-20-171).
3.5 Prevailing Wages
What are Prevailing Wages? - The Department of Labor and Industries (L&I) requires that workers be paid prevailing
wages when employed on all public works, public building service maintenance and contracted maintenance, based upon
the classification of labor performed. Prevailing Wages are defined as the hourly wage, usual benefits, and overtime, paid in
the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by
L&I, for each trade and occupation employed in the performance of public work. They are established separately for each
county and are reflective of local wage conditions.
What are the responsibilities of the City when contracting for public works? - The City, in awarding a contract, must make
the determination of whether that contract involves “public work” and communicate it to contractors in the bid
specifications and contracts. Contractors are not responsible for making the legal determination of whether a contract
does or does not meet the definition of a “public works” contract. RCW 39.12.030 requires the City to include the applicable
wage rates in the bid documents. If federal funds are involved in the project all bid documents must refer to the Davis-Bacon
Act, which requires the wages to be the higher of the federal wage rates for each trade and occupation or Washington State’s
wage rates.
What provisions must be made for prevailing wage? - Awarding agencies must stipulate in bid specifications and contracts for
public work that workers shall receive the prevailing rate of wage. Those documents must also contain a list of the applicable
prevailing wage rates. Compliance with the law is not met by referring contractors to the department or other sources to obtain
wage rate information. Intents and affidavits of prevailing wages can be found on the Washington State Department of
Labor and Industries web site currently at: https://fortress.wa.gov/lni/wagelookup/searchforms.aspx.
What are the public building service maintenance contract requirements? - Public building service maintenance (janitorial)
contracts of more than one year duration must include wage language recognizing the potential for future variance in
applicable prevailing wages each year after the first year of the contract.
What are awarding agency requirements when disbursing public funds? - Agencies may not make any payments where
contractors have not submitted an Intent to Pay Prevailing Wage form that has been approved by the Industrial Statistician
of L&I. Agencies may not release final payment until all contractors have submitted an Affidavit of Wages Paid form that has
been certified by the Industrial Statistician of L&I. The requirement to submit these forms should also be stated in the
contract.
What are the contractor’s filing requirements? - Public work contracts require that every contractor and sub-contractor on
the project file the Statement of Intent to Pay Prevailing Wages and Affidavit of Wage Paid forms.
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Is there a minimum contract amount for a contractor to file? - There is no minimum dollar contract amount. That is, Intent
and Affidavit forms are required for every public works contract regardless of the size of the contract.
When does the contractor file Intent? - The Intent form is filed immediately after the contract is awarded and before work
begins if that is possible. The City may not make any payment until contractors have submitted an Intent form certified by
the Industrial Statistician.
When does the contractor file an Affidavit? - The Affidavit form is not filed until after all the work is complete. The City may not
release final payment until all contractors have submitted an Affidavit form that has been certified by the Industrial
Statistician.
3.6 Retainage
What is the purpose of retainage - According to RCW 60.28.011(1) “Public improvement contracts shall provide, and
public bodies shall reserve, a contract retainage not to exceed five percent of the moneys earned as a trust fund for the
protection and payment of: (a) The claims of any person arising under the contract; and (b) the state with respect to taxes
improved pursuant to Titles 50 (Employment Security Department), Title51 (Labor and Industries), and Title 82 (Department
of Revenue).
Retainage is not withheld on projects funded in whole or in part by federal transportation funds.
Per RCW 39.08.010(3), the city may, at the option of the contractor, retain ten percent of the contract amount in lieu of a
bond on contracts of one hundred fifty thousand dollars or less.
When can retainage be released - After final acceptance of the project, the retainage may be released after all release
notifications have been received from the Department of Revenue, Department of Labor and Industries, and Department of
Employment Security. Upon receipt of all releases, the Contracts Coordinator or Project Manager shall notify the Finance
Department to release the funds.
4. CONTRACT CONSIDERATIONS
4.1 The Contract
The single most important element in the contract is the Scope of Work/Services. The Scope documents all elements of
the work, magnitude of the project and reflects the mutual understanding of the parties. The scope should be
consistently applied in the solicitation and the contract.
Here are a few things to consider when developing the scope: hold the contractor accountable: be precise; avoid
ambiguity; use active voice (i.e., “the Contractor will or shall”); due dates & deliverables. Other considerations when
developing the contract are term of contract or period of performance, compensation, and payment. The City’s standard
payment terms are the contractors provide monthly invoices to the City and all invoices shall be paid within 30 days of
receipt and approval.
The bid documents and contracts have record retention requirements that vary depending on the type of purchase or
contract and what the funding source is: federal, state, bonds. Even the bid documents from unsuccessful bidders must
be kept for a time. It is the Department’s responsibility to know the records retention requirements for their department
and should work with the City Clerk on document destruction.
Risk Management Considerations: The City enters into numerous contracts throughout the year. These contracts involve
risk. City property can be damaged. Employees of the City, contractors, sub-contractors, and suppliers can be injured.
Members of the public can be harmed. These and other accidental losses can arise during and as a result of the activities
during the contract fulfillment process. The City seeks to transfer responsibility to such events to those with whom it
contracts. The City’s approach to contracting is designed and managed so as to avoid undue exposure to risk with
exceptions where it makes good business sense. Insurance requirements are completely dependent upon the activity
being performed under contract. Which requirements and how much are determined on a case-by-case basis. Certificates
of insurance may be required depending on the nature and scope of the work to be performed. For the contractor
insurance requirements specific to any project, the Department Director shall consult with the City Manager and City
Attorney. Verification of appropriate insurance requirements shall be completed prior to the commencement of work. Any
waiver of insurance requirements requires the approval of the City Manager. This may be appropriate in the following
situations:
Waiving a portion of the Standard Insurance Requirements:
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• Where the contractor is a sole proprietor, the worker’s compensation insurance requirements may be
waived.
• Where the contractor or its employees will not be using automobiles in the performance of the
contract, the business automobile requirement may be waived.
Review by City Attorney: All written contracts, bonds, and instruments of every kind and description to which the City shall
be a party shall be approved as to form and legality by the City Attorney.
4.2 Payment Options
Prior to contract award, payment terms should be identified to determine the most effective compensation method. The
most common methods are:
Hourly/Time and Materials - The City pays a fixed hourly rate and pays for the cost of certain specific services and/or
materials. For certain professions, such as consultants, this is the standard option. Time and materials contracts should
have a ceiling amount or a not to exceed amount included. This type of payment term may be used if the City is unable
to clearly define the level of effort required to accomplish the objectives. A time and materials contract places most of
the risk on the City and little on the contractor and provides no positive profit incentive to the contractor for cost control
or labor efficiency. Frequent contract monitoring is required to ensure that the number of hours is kept to a reasonable
level.
Materials on hand are typically not paid until installed. Larger items could be considered when the items can be secured
on site to avoid larger upfront costs by contractor to finance large dollar items (i.e. generator).
Fixed or Lump Sum - The contractor receives a fixed amount or lump sum payment based on terms established in the
contract. Typically, payment is tied to a completion of agreed upon performance achievements. Other alternatives are
possible, such as progress payments made to compensate for activities conducted over the specific period of the
contract. This type of contract should generally establish a minimum allowable level of compensation. With this method
of compensation, the City may not be required to pay if specific terms in the contract are not met and thus the risk is
placed on the contractor. It is critical to word contract specifications carefully to reduce risk of varying interpretations by
city and contractors.
Cost Reimbursement - A Cost reimbursement method of compensation has a higher risk for the City because it
reimburses the contractor for all costs incurred under the terms of the contract. To prevent overpayment, allowable cost
provisions should be clearly identified. Contract managers should consider including a contract provision for a maximum
allowable compensation level for the contract period and budget. Cost reimbursement contracts generally require more
fiscal pre-planning and monitoring than other methods.
Performance Based - These contracts are based on attainment of a specific outcome. The rate of compensation is
generally negotiated based on cost information provided by the contractor. Generally, performance-based contracts
identify the maximum allowable compensation. This allows the City to define the quality of services in terms of
performance standard and pay accordingly. Performance based contracts differ from time and materials or fixed price
contracts in that if the quantifiable quality of service is low, the payment may be reduced or withheld. This requires a
higher level of reporting from the contractor to the City. The contractor primarily assumes the risk because the City does
not pay if performance levels are not met.
4.3 Contract Executions & Administration
Contract Execution - The contract is fully executed when all authorized parties have signed it. Upon execution, signed
copies of the contract should be provided or available to all interested parties including, at a minimum; the contractor,
the Project Manager, Contracts Coordinator, and City Clerk. The City Clerk will store the contract in the city’s Document
Center.
Contract Administration - Contract administration means any activity related to contracting, including the decision to
contract, contractor screening, contractor selection, contract preparation, contract monitoring, auditing and post contract
follow up. Typical responsibilities of the contract manager include:
• Understanding the contract, including the specific contract obligations and performance indicators by which
performance will be monitored.
• Assessing the risks related to the project before soliciting proposals and contracting to determine the extent of
the monitoring required.
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• Ensuring the contractor has a clear understanding of how the contract will be managed and monitored.
• Providing the contractor with guidance and technical assistance, as needed, to promote effective contract
performance.
• Identifying the extent and source of funding for services provided.
• Monitoring the contractor’s activities to ensure quality service delivery. Ensuring funding is used only for
authorized purposes.
• Reviewing invoices and verifying that delivery of services is rendered.
• Resolving issues or problems that arise during the contract.
• Measuring and tracking satisfaction with contractor performance.
• Complying with Federal, State and City rules and regulations.
• Documenting the contract to validate that effective contract management has occurred.
• Monitoring the term of the contract to ensure timely contract performance, renegotiation if needed, or to not
allow for an automatic renewal (if provided for) if the renewal is not needed.
Contract managers need to be mindful of not doing the following:
• Instructing the contractor to begin work before the contract is executed and approved.
• Changing the description, scope, period of performance, or cost of the contract without processing a written
amendment.
• Directing the contractor to do work that is not specifically described in the contract. If work not described in the
original contract is needed, a change order is required. Avoid change orders that go beyond original scope of
work.
• Signing a contractor’s contract form. This should not happen.
• Authorizing payment to the contractor or allowing field changes without change order for any work not
performed satisfactorily.
• Paying for the same or similar services more than once.
4.4 Contract Monitoring – Performance
Monitoring Contract Performance - Monitoring means any planned, ongoing, or periodic activity that measures and
ensures contractor compliance with the terms, conditions, and requirements of a contract. The level of monitoring should
be based on a risk assessment of the contractor’s role in delivering the services and the contractor’s ability to deliver
under the terms of the contract. A weekly statement of days and project schedules should be provided.
The purpose of monitoring is to ensure the contractor is:
• Complying with the terms and conditions of the contract and applicable laws and regulations.
• In compliance with the contract through identifying and resolving potential problems and providing constructive,
timely feedback.
• Adhering to the project schedule and making appropriate progress toward the expected results and outcomes.
• Providing the quality of service expected.
Monitoring Activities May Include:
• Periodic contractor reporting – Require the contractor to submit progress reports or other appropriate data or
reports, based on pre-defined criteria, and review the contractor’s reports for verification of services provided
and adherence to the contract. Substandard performance should be identified and addressed timely and
appropriately.
• Invoice review – Compare billings with the terms agreed upon in the contract. Ensure the costs being charged
are within the contract parameters, prevailing wages were paid, if applicable.
• Other periodic contact with contractor – On-site visits to maintain contact with the contractor to review progress
on a regular basis. Good contract monitoring includes a continuous dialogue with the contractor.
• Other grant review requirements – grant agreements may have additional requirements for project or sub-
recipient monitoring.
4.5 Contract Monitoring – Payment
Reviewing Invoices for Payment - Contract payment is the process by which the contractor submits invoices for
reimbursement for services and receives payments. The contract or project manager must carefully review the
contractor’s request for payment to verify the accuracy of all charges.
Considerations:
• If a contract is state or federally funded the review procedures must meet the grant requirements.
• Are the hours/costs commensurate with the services or deliverables received?
• Is the service period identified on the invoice and were the services rendered prior to contract expiration?
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• Do the rates invoiced match the rates stated in the contract?
• Has the necessary documentation been included to verify charges accurately? Is there enough money
remaining on the contract?
• Reimbursable expenses: travel, mileage; food; miscellaneous expenses
If charges are acceptable, the contract manager signs the invoice approving payment. Payment terms are determined
by the contractor or vendor and honored by the City.
4.6 Amendments & Change Orders
Amendments - Amendments are changes to service contracts. Changes to contracts may be processed as
amendments, rather than new contracts, only if the changes are within the general scope of the original contract.
Change Orders - A change order is the formal document that alters some condition of the contract documents. After bid
opening and prior to execution, no changes should be discussed. The change order may alter the contract price,
schedule of payments, completion date, or the plans and specifications. Change Orders are changes to Public Works
Agreements and reflect reductions or additions to the work that must be completed to meet the contract requirements
and without which the work requested in the original contract could not be completed. If a change order issued is truly
due to unforeseen conditions, with no change in the original scope, then a new competitive bid process is not required.
These situations should be distinguished from extra work which could stand on its own and is outside and independent
of the contract. Appropriate uses of change orders include:
Scope – This may include adding, modifying or deleting tasks, services or deliverables, or revising specifications.
Changes to scope should be well documented and include any additional costs associated with these changes.
Changes that are outside the general scope of the contract are not appropriate to award through contract amendments.
Such changes would have the effect of making the work performed substantially different from the work the parties
bargained of at the time the original contract was awarded.
Cost – If the cost of the contract is increased or decreased, document reasons for change (e.g.: scope changes).
Term of Contract/Period of Performance - An extension to the contract end date is the most common change to the
period of performance. Minor modifications that do not materially affect the scope or cost of the contract, such as
address changes or staff changes do not require a formal amendment but should be documented in writing.
Processing Contract Amendments/Change Orders - Oral change orders are risky. Even though the contract documents
requirements require all change orders to be in writing, the actions of both the owner’s representative and the contractor
can constructively waive that requirement. To protect the City’s interests, all amendments or change orders should be
executed in writing prior to the contract period of performance ends and before the contractor begins work as authorized
by the amendment.
Contract amendment or change order approvals vary depending on the type and amount. Please see the Purchasing
Manual Matrix at the beginning of this document for these requirements.
4.7 Contract Close-Out & Termination
Contract Termination - Contracts may be terminated prior to the completion date of the contract either for convenience
of the parties or for cause. Contact the City Attorney’s Office for guidance when considering a contract termination. All
contract terminations should be done in writing and routed through the contract process (refer to the contract for
process).
Contract Close-Out Process - Invoices that are submitted after contract expiration may still be paid if the invoice or pay
estimate clearly shows that services were preformed prior to contract expiration and sufficient funds existed prior to
close-out.
Note that every effort should be made to process invoices in a timely manner to eliminate delays and extra steps in
payment processing.
Public Works Close-Out Process for Projects > $35,000 - To close out a project the Project Manager or the Contracts
Coordinator can verify that all contractors and sub-contractor have filed their affidavits of prevailing wages on
Washington State Department of Labor and Industries web site currently at
https://fortress.wa.gov/lni/wagelookup/searchforms.aspx. After the City Council accepts the project/contract as complete
a notice of completion of a public works contract form must be filed with the State Department of Labor & Industries for
contracts $35,000 and above.
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Once the contract is complete it is critical that the Project Manager complete the close-out process in a timely manner
and stay on a schedule.
• Project Acceptance Memo 60-day lien period starts from the date of project acceptance.
• Council Final Acceptance is prepared by the Project Manager and then the Department Director or Project
Manager request’s final acceptance from City Council.
• Notice of Completion of Public Works Contract completed and submitted to Department of Labor & Industries by
Contract Coordinator or Project Manager after Council acceptance
• Employment Security Release Letter received by Contract Coordinator or Project Manager.
• Department of Revenue Release Letter received by Contract Coordinator or Project Manager.
• Department of Labor & Industries Release Letter received by Contract Coordinator or Project Manager.
Final Steps – Releasing Retainage:
• Retainage – Once the above-mentioned letters are received the Contract Coordinator or Project Manager will
request the finance department to release retainage by PO.
• Retainage Bond – Once the above-mentioned letters are received the Contract Coordinator or Project Manager
will release the bond, if additional retainage above the bond amount was retained then the retainage release will
apply also.
• Escrow with bank – Once the above-mentioned letters are received the Contracts Coordinator or Project
Manager will request the bank to release the retainage held, if additional retainage above the deposited amount
was retained then the additional retainage release will apply also.
5. OTHER PURCHASING INFORMATION
5.1 Purchase Order Procedures
When required by a vendor, a Purchase Order (PO) must be obtained prior to a purchase of goods or services (training,
memberships, etc.) made by a department. To obtain the PO, authorized personnel in each department will request a
quote from the vendor, and once received and reviewed, forward the quote to the department’s administrative assistant
to create the PO in the financial management system, Innoprise. Once complete, the administrative assistant will
propose the PO in the system, and the manager or department head (depending on the amount) will receive an email
notification that the PO is awaiting their review and approval in the system. If the requisition approver is not available to
approve, a higher-level supervisor or Division Manager may be able to approve the requisition.
All purchase orders clearly instruct the vendor to include the City PO number on all invoices. The invoices with the
wrong or no PO number will be set aside until research can be completed which results in the vendor receiving payment
later than necessary. All vendors should be directed to mail or email invoices to the Accounts Payable Technician at PO
Box 1579 Moses Lake WA 98837, or sjacobs@cityofml.com. Please forward invoices received by the Department
immediately to Accounts Payable.
Processing:
The employee initiating the requisition should have the vendor, quantities, prices descriptions and specifications, make
and model number and sizes.
At the time the purchase is made, a signed packing slip, bill of sale or receipt must be returned to the department’s
manager for approval before being routed to the department’s administrative assistant. The Administration will keep the
documents together and compare to the vendor invoice that the order is complete and correct before entering the
invoice into the system for payment.
At least weekly, purchase orders should be reviewed for completeness by each Department. When it is determined that
all or a substantial portion of the items listed on the purchase order have been received, the Departmental employee
with authority to do so should:
• Approve payment of the purchase by signing the purchase order acknowledging that the items have been
received.
• Attach the packing slip, receipt or bill of sale, and written quotations (if the quote is necessary to facilitate the
purchase) to the PO.
If the invoice differs substantially from the purchase order, the ordering Department may be required to review and
approve the invoice for payment. No payment will be made on any invoice until all goods and/or services billed have
been received.
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5.2 Disposal of Surplus Property
Surplus property is anything and everything that is owned by the City, is tangible, movable (not permanently affixed) and
considered either obsolete or of no further use to the City in the foreseeable future. City Resolution 3760 defines the
procedures to legally surplus property, however, property purchased with federal funds must follow the procedures
established by the awarding agency.
5.3 Capital Outlay – Fixed Assets
Contact the Finance Department for additional assistance.
A fixed asset is a specific piece of real or personal property which meets all of the following characteristics:
• Unit cost of $20,000 or more, including tax, set-up and freight
• Infrastructure project costs of $100,000 or more. (Infrastructure assets include roads; bridges; water and sewer
systems; drainage systems; lighting systems; and would include a pump house or lift station but would not
include a water reservoir or the treatment plant.)
• Tangible in nature, possesses physical substance
• Expected useful life of greater than five years
Inventories, spare parts and maintenance activities will not be considered a capital outlay for financial purposes.
Each department shall keep a list and monitor the small and attractive items they purchase. Small and attractive items
include cameras, portable computing equipment, high value tools, etc. The department shall ensure that the items listed
are inventoried annually and reasonable action taken should any items be missing.
When entering a requisition for capital purchases please keep this in mind when selecting the appropriate BARS number
to be used.
5.4 Credit Card Policy
City credit cards will be obtained by the Finance Director and distributed to each Department Director and one
designated employee within the Department to use for City purchases. Cards are requested using the Cardholder Data
Collection Form provided by Umpqua Bank. The form is filled out and signed by the designated employee and Human
Resources before given to the Accounts Payable technician. The AP Tech uses the form to request a new cardholder on
the credit card company’s website, and once complete, a new card for the employee is mailed to the City within the next
2 weeks. Credit limits are determined by Department Directors.
City employees use their credit cards in accordance with the guidelines above. (see 2.1) Employees must receive
approval before a purchase is made. City employees wishing to use the City credit card for purchases will contact the
designated individual within the department and give the name of the vendor, the estimated amount of the purchase and
a description of the purchase being made. The transaction will then be entered into a log for ease of reconciliation of the
account statement.
Receipts are submitted to the department manager for account coding. Once the receipt has been coded, it is given to
the administrative assistant for their department who will reconcile the receipts with the monthly statement. When the
monthly statement is received by the department, reconciliation must be performed immediately, and all documents
forwarded to the Finance Department. Timely payment of the credit card bill is imperative. The individual card holder
statements are entered into the financial system, Innoprise, as a “Wire Invoice” and then submitted to Accounts Payable
for a final audit and approval. The Accounts Payable Technician makes the master statement payments on the credit
card providers website electronically on the due date each month. The entry of the individual statements into the system
ensures that the system balances with the bank.
Authorized uses of the City’s credit cards are: hotel room deposits to hold rooms for authorized official travel on City
business; equipment and supply vendors with which the City does not currently have an account, is not expected to
have an account, or where the requirements of opening an account would delay a critical purchase or result in less
beneficial terms; internet purchases.
Refer to the Purchasing Matrix at the beginning of this documents. Cash advances on the City credit card are
prohibited.
Personal charges will not be made with a City credit card. Any charges that cannot be properly identified or which are
not appropriate to City policies or regulations shall be paid immediately by the user of the card by cash, check or payroll
deduction. Charges to be reimbursed shall include any interest and all other related charges made by the credit card
company. Personal charges may be subject to disciplinary action, up to and including termination.
Moses Lake Council Packet 1-25-22, Page 184 of 210
18
Common Acronyms, Terminology and References
The following terms are often used interchangeably and typically use these terms as described below:
Purchasing is the act, function, and responsibility for the acquisition of equipment, materials, supplies and services. The
term describes the process of buying.
Procurement includes all functions that pertain to the acquisition, including description of requirements, selection and
solicitation of sources, preparation and award of contract and all phases of contract administration.
Vendor is typically used when referring to a supplier, one who sells goods, materials, or supplies.
Contractor is typically used when referring to a construction or maintenance company. Can also apply to an individual or
business having a contract with the City.
Consultant is typically used when working on a Professional Service Contract. The term means a person with education
and/or experience which uniquely qualifies them to perform some specialized services.
Bid is an offer submitted by a contractor in response to an invitation to bid (ITB) or advertisement. Typically, bids result
in contracts awarded to the lowest responsive, responsible bidder.
Quote is a statement of prices, terms of sale, and description of goods or services offered by a vendor to the City.
Commonly used in more informal solicitations.
Proposal is the document submitted by the offeror in response to an RFP/Q. Proposals allow contract award based on
factors other than cost and may result in negotiations.
Acronyms: SOQ – Statement of Qualifications; RFQ – Request for Qualifications; RFP – Request for Proposal;
ITB – Invitation to Bid (Formal Bid); ITQ – Invitation to Quote (Small Works); MWDBE – Minority, Women, and
Disadvantaged Business Enterprise; CFP – Capital Facilities Plan
Workstations are desktop computers, laptops, tablet PCs, etc. that is City owned.
Peripherals are all technology related hardware, such as printers, monitors, personal digital assistants (PDA), digital
cameras, etc. that connect to or have the potential to connect to the City’s network and/or City workstations.
Users include, but is not limited to, city employees, volunteers and consultants who are authorized by the City to access
the City’s electronic computing systems.
Reference Documents:
MRSC City Bidding Book: http://mrsc.org/Home/Publications.aspx This publication provides guidance to all cities/towns
and is updated as the RCW’s change and has many useful examples. If use this book as guidance please make sure
you are following requirements for the City of Moses Lake.
MRSC Contracting for Services: http://mrsc.org/Home/Publications.aspx This publication provides guidance on
contracting for services. It includes guidance on selecting architectural and engineering consultants under chapter RCW
39.80 and on contracting for personal and purchased services
MRSC Small Works Roster Manual: http://mrsc.org/Home/Publications.aspx
MRSC Find Your Contracting Requirements: http://mrsc.org/Home/Research-Tools/Contracting-Requirements.aspx
This tool helps local government officials in Washington State identify and understand their statutory legal requirements
for purchasing and contracting.
DOT Local Agency Guidelines (LAG): http://www.wsdot.wa.gov/Publications/Manuals/M36-63.htm
2 CRF 200 provides guidance on federal purchases & cost principals.
If reviewing the RCW’s and WAC’s the City of Moses Lake is a Code City with a population >20,000.
Moses Lake Council Packet 1-25-22, Page 185 of 210
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 18, 2022
Proceeding Type: Consent Agenda
Subject: Tana Lift Station Upgrade Project (GC2021-030)
Motion to Award Project
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: 347,985.68
• Second Presentation: Unbudgeted Amount: 45,777.30
• Action: Motion Total Cost: 395,762.98
Overview
Engineering and Operations staff have
identified several critical upgrades for
the Tana Wastewater Lift Sation, located
at 4537 Penninsula Drive. The project
would replace the vacuum prime pumps
with submersible pumps, update the
electrical controls, update the telemetry
equipment, add a security fence, and
recoat the wet well. The benefits of
completing the project will include less
future maintenance for city staff, more
reliable telemetry data, and additional
security.
Bid Summary:
Staff opened bids for the Tana Lift Station Upgrade Project on January 5, 2022. The City received two
bids for the project. Farmer’s Electric II LLC submitted the low bid for the project in the amount of
$395,762.98 (Attachment A). Farmer’s Electric II LLC has all of their licenses in place with the State and
is judged to be a responsible bidder per State requirements.
Tana Lift Station
Moses Lake Council Packet 1-25-22, Page 186 of 210
Page 2 of 2
Fiscal and Policy Implications
The Engineer’s Estimate was $347,985.68. The low bid is 13.7% over the Engineer’s Estimate. The
Tana Lift Station Upgrade Project would utilize previously planned and budgeted funds.
Council Packet Attachment
A. GC2021-030 Tana Lift Station Bid Results
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Award the Project Staff will notify the low bidder that they have been
awarded the project.
• Take no action Staff will direct the low bidder to await further
direction from City Council.
• Reject the Project Staff will notify bidders that the project has been
canceled.
Action Requested
Staff recommends awarding the Tana Lift Station Upgrade Project to Farmer’s Electric II LLC for the
amount of $395,762.98. The low bid is 13.7% over the Engineer’s Estimate, however given the
current bidding conditions, specifically materials pricing changes, a rebid is likely to see higher
prices.
Moses Lake Council Packet 1-25-22, Page 187 of 210
PROJECT NAME: TANA LIFT STATION UPGRADE - 2022
BID RESULTS
1 Mobilization 1-09 1 LS $28,500.00 28,500.00 $27,665.00 $27,665.00 $35,100.00 $35,100.00
2 Traffic Control 1-10 1 LS $8,500.00 8,500.00 $5,500.00 $5,500.00 $500.00 $500.00
3 Remove Curb and Gutter 2-02 25 LF $18.00 450.00 $112.00 $2,800.00 $10.00 $250.00
4 Remove Cement Concrete Sidewalk 2-02 50 SY $50.00 2,500.00 $120.00 $6,000.00 $20.00 $1,000.00
5 Remove Equipment and Material From Tana Lift Station2-02 1 LS $18,220.00 18,220.00 $4,500.00 $4,500.00 $20,000.00 $20,000.00
6 Saw Cut Pavement or Concrete 2-02 120 LF $4.00 480.00 $20.00 $2,400.00 $5.00 $600.00
7 Trimming and Cleanup 2-11 1 LS $3,500.00 3,500.00 $750.00 $750.00 $500.00 $500.00
8 HMA Patch Cl 3/8 Inch PG 64-28 5-06 10 SY $100.00 1,000.00 $350.00 $3,500.00 $250.00 $2,500.00
9 Concrete Class 4000 For Retaining Wall 6-11 4 CY $500.00 2,000.00 $1,000.00 $4,000.00 $2,250.00 $9,000.00
10 Steel Reinforced Bar 6-11 150 LB $10.00 1,500.00 $30.00 $4,500.00 $5.00 $750.00
11 Bypass Pumping 7-20 1 LS $19,800.00 19,800.00 $14,380.00 $14,380.00 $21,000.00 $21,000.00
12 Valve Vault 7-21 1 LS $32,500.00 32,500.00 $36,800.00 $36,800.00 $24,500.00 $24,500.00
13 Wet Well 7-21 1 LS $78,500.00 78,500.00 $16,600.00 $16,600.00 $128,000.00 $128,000.00
14 Lift Station Electrical 7-21 1 LS $95,220.00 95,220.00 $215,000.00 $215,000.00 $72,000.00 $72,000.00
15 Project Painting 7-21 1 LS $11,250.00 11,250.00 $6,800.00 $6,800.00 $31,500.00 $31,500.00
16 Cement Concrete Curb and Gutter 8-04 25 LF $106.00 2,650.00 $150.00 $3,750.00 $100.00 $2,500.00
17 Chain Link Fence 8-12 50 LF $35.00 1,750.00 $100.00 $5,000.00 $175.00 $8,750.00
18 Double 20-Foot Chain Link Gate 8-12 1 EA $3,200.00 3,200.00 $1,750.00 $1,750.00 $3,500.00 $3,500.00
19 Cement Concrete Sidewalk 8-14 50 SY $190.00 9,500.00 $68.00 $3,400.00 $100.00 $5,000.00
321,020.00$ $365,095.00 $366,950.00
8.4%26,965.68$ $30,667.98 $30,823.80
347,985.68$ $395,762.98 $397,773.80
PROJECT NUMBER: GC2021-030
SUBTOTAL SCHEDULE A
SALES TAX
Total Schedule A
ITEM ITEM DESCRIPTION SECTION
APPROX.
QUANTITY
Schedule A: Sewer Improvements
UNIT PRICE AMOUNT
Engineers Estimate
Farmer's Electric II LLC
Othello, WA
POW Contracting
Pasco, WA
UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
Moses Lake Council Packet 1-25-22, Page 188 of 210
Page 1 of 1
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 18, 2022
Proceeding Type: Administrative Report
Subject: Staff to Pursue Temporary Water Rights for Lease Renewal
28-Acres Previously Seeded by Hayboy Farms in Fall
Overview
The City owns Municipal Tract 12, where the City
Airport is Located. Hayboy Farms has been
leasing 28 acres on Municipal Tract 12 since
2016. Hayboy Farms uses the land to complete a
full hay circle with the three-quarter (¾) circle
they currently farm on the adjacent property.
Hayboy Farms requested to renew their lease for
the 2022 year.
28-Acres Seeded
City staff has since discovered that Hayboy Farms
seeded all 28-Acres of the City ground in the Fall
with the expectation of obtaining a lease
renewal. Hayboy Farms has requested
reimbursement for the seeding.
Water Rights Issue Discovered
It was discovered at the 12-14-2021 Council meeting that the spreading of water onto City property
constitutes a Department of Ecology (DOE) “water spreading” violation. In addition, the City
property does not have enough water rights to provide for the proposed agricultural lease
agreement on its own. Therefore, the lease was not renewed at the 1-11-2021 Council meeting,
as the City could not enter into a lease agreement for an activity that is not legal.
Staff to Pursue Temporary Water Rights
City staff will pursue Temporary Water Rights from the Bureau and/or provide temporary City
water as it is within the City Limits. A range of 30 to 60 Acre-Feet of water would be needed.
Moses Lake Council Packet 1-25-22, Page 189 of 210
Page 1 of 2
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 18, 2022
Proceeding Type: Administrative Report
Subject: Discuss Current ETA’s for Water and Sewer Outside City
Future Concurrency and Adequate Public Facilities Ordinance
Extra Territorial Agreements (ETA)
The City provides water and sewer services to areas outside of the City limits, which are within the
Urban Growth Area (UGA), by use of Extra Territorial Agreements (ETA) enabled with Resolution
#3509 (see attached).
Evaluating Long-Term Costs of ETA’s
Extra Territorial Agreements (ETA) need to be
evaluated individually, as the long-term costs to
maintain water and sewer utilities outside of the
corporate City limits can be very different. The
long-term costs for short utility extensions,
within the same water pressure zone, and with
existing reservoir capacity is going to be very
different than long utility extensions to areas
without reservoirs and without wells.
In addition, previous ETA Commitments by
Council should be considered differently than
new ETA requests. Last, provisions for public
health emergency hookups should be
maintained.
Updated ETA Policy
Extra Territorial Agreements are enabled by Resolution #3509. A staff policy update is needed to
provide guidance details on how ETA applications are to be made, how they are to be processed,
and how they are to be presented to City Council for approval consideration, under Resolution
#3509.
Moses Lake Council Packet 1-25-22, Page 190 of 210
Page 2 of 2
Future Concurrency Ordinance
Concurrency is one of the goals of the Washington State Growth
Management Act. Concurrency provides for Adequate Public
Facilities, by having a process for the City to plan, manage, and finance
growth on a development-by-development level. Public Facilities
include:
• Transportation
• Water
• Sewer
• Police
• Fire
• School
• Park Facilities.
Transition Period for Concurrency and Adequate Public Facilities Ordinance
The process to plan, prepare, study, review, and adopt a Concurrency Ordinance will take some
time to conduct. This process will be headed by the Community Development Department, but
will take work by several City Departments, Council Committees, Planning Commission, and
Council.
This would provide an ETA Transition Period, before Concurrency is Adopted. The transition
period would provide the following:
• Notice and time for developments to resolve proposed ETA’s
• Map and document existing and proposed ETA’s
• Closeout and return expired ETA documents
• Resolve existing ETA’s
• Correct failing ETA’s
• Process needed public health ETA’s
• Concurrency Code Preparation, Notice Period, Public Input, Committees, Council
Process
• Concurrency Adoption Goal would be 8.1.2022, providing a 6-Month Transition Period
Moses Lake Council Packet 1-25-22, Page 191 of 210
RESOLUTION NO.3509
A RESOLUTION REPEALING RESOLUTION 3463 AND ADOPTING A NEW RESOLUTION
I )SETTING FORTH A POLICY WITH REGARD TO THE PROVISION OF WATER AND/OR
^-^SEWER UTILITIES OUTSIDE THE CORPORATE LIMITS OF THE CITYAND SETTING
FORTH AN ANNEXATION POLICY FOR THE CITY OF MOSES LAKE,WASHINGTON
Recitals:
1.Previously the City Council adopted Resolution No.3463 setting forth a policy with regard to the
provision of water and/orsewer utilities outside the corporate limits of the Cityand setting forth an
annexation policy for the City of Moses Lake,Washington.
2. That policy isnow repealed bythisresolution which adoptsa new resolution setting forth a policy with
regard to the provision of water and/or sewer utilities outside the corporate limits of the City and
setting forth an annexation policyforthe Cityof Moses Lake,Washington.
Resolved:
1. The following definitions shall be applicable to the terms used inthis resolution.
Contiguous Landsmeans any lands touching or abutting the corporate limits ofthe City and anylands
withinone half mile of the corporate limitsof the Cityas measured at the pointthe corporate limits
and the involved lands are closest together.
Non-Contiguous Lands means any lands beyond one halfmileof the corporate limits of the Cityas
measured at the point the corporate limits and the involved lands are closest together.
Provision.Delivery,or Furnishing City Water and/or Sewer Utilities means the extension of water
and/or sewer mains,or tapping into an existing water and/or sewer main by a lateral to serve a
t J customer,or the expansion ofan existing water and/or sewer use,or any combination ofthese.
City Water means potable water delivered from the water utilitysystem operated by the City.
City Sewer means the sanitary sewerage collection utilitysystem operated by the City.
City Utility Service or Water and/or Sewer Utilities means City water and/or City sewer.
Adjacent Lands means any lands located immediately adjacent to a citywater and/or city sewer main
within the city's Urban Growth Area (UGA) and which lands are contiguous lands as defined herein.
2.Reguests for Extensions:The Moses Lake CityCouncil shall review all requests forthe provision of
water and/or sewer utilities whether the request involves property which is contiguous or non
contiguous.Only the City Council can grant permission for the provision, delivery, or furnishing of
water and/or sewer utilities to anyone beyond the corporate limits of the City,such permission being
evidenced by a formal commitment noted in the minutes of a regular City Council meeting.All
extensions of water and/or sewer utilities beyond the corporate limitsof the Cityshall be made by the
City Council within their sole and complete discretion.
3.Washington statutes and case law provide that cities are not legally required to provide water or
sewer or other utility services to properties located outside the city limits, but that cities have the
discretion to provide such utilities withinits urban growth area as a legislative decision, on terms and
conditions set forth in a contract.
4. The City is not the sole or exclusive providerof sewer or water service in any area outside of the
City's corporate limits.The city shall not be considered or construed as being the sole or exclusive
utility purveyor forany properties outside of the city's corporate limitsorwithinthe city's urban growth
{^J area.
Council 1-25-22 updated pg 191a-c
RESOLUTION 3509
PAGE 2 March 24, 2015
5.Delivery of City Water and/or Sewer Utilities to Contiguous Lands:
A. The Cityof Moses Lake will onlydeliverwater and/or sewer utilities to contiguous lands ifthe
owner of those lands annexes those lands into the City,except,ifthe public'shealth, safety,
and welfare is an issue,as determined by the Grant County Health District,the City may
deliver City water and/or City sewer utilities subject to the same conditions applicable to the
deliveryof Citywater and/or City sewer utilities to non-contiguous lands,except that property
which contains a county owned and operated agricultural fair as defined by RCW 36.37 shall
not be required to annex to receive citywater and/or sewer utilities.Once within the Citythe
lands will be delivered City utilitiesas provided by Cityordinance, Ifthose contiguous lands
are not annexed into the City,the City will deliver neither Citywater nor City sewer services,
except as set forth in subsection b below.
B.The City Council may permit the provision of water and/or sewer service to adjacent lands
where the water and/or sewer main is adjacent to the property,the property is contiguous
lands as defined in this resolution and it is impractical for the property owner to annex the
owner's property into the city because of the previous subdivision of the land or other like
condition. Each such request willbe considered by the City Council on an individual basis
and no uniform result as respects such requests is expected where each will be determined
by the unique circumstance of each property seeking permission to connect to city water
and/or sewer. Ifthe City Council permits adjacent lands to connect to the city water and/or
sewer system,the property owner shall first comply with the procedure for the delivery of
water and/or sewer to non-contiguous lands as set forth below in Section 6.
6. Delivery of City Water and/or Sewer Utilities to Non-Contiguous Lands:The City of Moses Lake will
consider the provision of water utilities and/or the provision of sewer utilitiesto non-contiguous lands
when such water is available or when such sewerage capacity is available in the City sewerage
system as determined by the City Council upon the conditions listed below:
A.The execution of a contract document between the land owner and the City containing the
essential elements of the water and/or sewer provision agreement as outlined below.
B.The water and/or sewer system to be built and connected to the City water utility or City
sewer utility will be built to City standards.
C.The execution of necessary document(s)as determined by the City's legal department from
the land owner to the City stating in essence that the land owner agrees to have non
contiguous lands annexed to the City at the City's discretion when those lands can be
annexed.
Further,the document(s)will provide as a condition of receiving City water and/or City sewer
that the non-contiguous lands will not be used in any manner inconsistent with the land use
controls in place.
D.The land owner will survey the non-contiguous lands to be provided City water and/or City
sewer if requested to do so by City staff.
E.The City water and/or sewer utilityservices provided to the non-contiguous land willnot be
changed as to either the scope,nature, or intensity of the use without further approval from
the Moses Lake City Council as such change is considered an expansion of the commitment
given unless such expansion has already been provided for in the commitment given by the
Moses Lake City Council.
F.Such other conditions as City staff may negotiate as being necessary and as approved by
the Moses Lake City Council.
O
n
n
Council 1-25-22 updated pg 191a-c
_
<J
w
RESOLUTION 3509
PAGE 3 .March 24,2015
G.Failure to comply withany of the conditions of the water and/or sewer provision agreement
shall terminate the delivery ofwater and/or sewer utility services to the non-contiguous land.
7.Any formal commitmentgivenbythe City Council to provide water and/or sewer utilities outsidethe
corporate limits ofthe City shall remain in effectfor two(2)years except there shallbe no limitation
for residential properties uptonine(9)lots from the date the commitment is given.Within the two (2)
year commitment period,thelandsinvolved must actually be tapped into the City's water and/orsewer
utilities or the commitment given by the City Councilshall be considered automatically withdrawn
withoutfurther consideration by the CityCouncil. Any documents prepared and delivered bya party
pursuantto Section 6.A.and C.shall be returned tothe land ownerifthe commitment is terminated.
Effective Date:This policy shall control allextensions of City water and sewer utilities after March 24, 2015.
Adopted by the City Council on March 24,2015.
<^^jj
Dick Deane,Mayor
ATTEST:
Council 1-25-22 updated pg 191a-c
Page 1 of 1
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 19, 2022
Proceeding Type: Administrative Report
Subject: Discuss Drone/UAV Policy for Engineering Operations
Engineering Operations Planned for February/March
Drone/UAV Operations
Drones video and pictures are already being
integrated into various City operations. Pictures for
Council Staff Reports, Orthophoto’s for Engineering
Design, and Video for Fire and Police operations. It
is time to prepare a formal policy to ensure legal FAA
Part 107 Commercial Licensing, safe operations, and
proper insurance.
FAA Part 107 Licensed Pilots:
The City has several Licensed FAA Remote/UAV
Pilots including:
• Dave Bren, Municipal Services Director
• Tyler Brady, Engineering Technician
Tyler Brady prepared a draft policy for City review,
along with supporting documents (see attached).
These documents need to be reviewed by staff,
legal, and by our Insurance Authority before formal
presentation to the Council.
Winter Engineering Design Projects:
The Engineering Department needs to fly several
projects for Orthophoto Image Data as soon as the
snow completely melts, and while the leaves are still
off all the trees and brush. Drone/UAV policy should be considered for adoption in February.
• Marina Drive Neighborhood Revitalization and Activity Trail Connection
• Valley Road Reconstruction
• Yonezawa Boulevard
• Longview and Kinder Repairs
WESTSHORE DRIVE AREA
HANSEN & WESTSHORE INTERSECTION UNDER CONSTRUCTION
Moses Lake Council Packet 1-25-22, Page 192 of 210
CML EMPLOYEE DRONE POLICY
Proposal
The City of Moses Lake (“City”) is dedicated to embracing technologies that help improve its services while
protecting the safety of its residents. The use of drones in the public interest is expected to benefit
residents and visitors to the City through the more efficient use of City resources.
PURPOSE AND SCOPE
This Drone Policy (“Policy”) is intended to guide officers, employees, and contractors of participating
departments with approved drone programs. The term “drone” means an unmanned aircraft flown by a pilot
via a ground control system, or autonomously through use of an on-board computer, communication links or
any other additional equipment.
This Policy applies to all departments participating in the City’s drone program, including employees,
contractors, and volunteers. Elected officials, employees, consultants, volunteers, and vendors while
working on behalf of the City are required to comply with this Policy.
POLICY STATEMENT
The City’s Drone Policy requires each participating department to adopt a policy that reflects the requirements
described in this document. Departments may add requirements to their drone policies, but may not remove
any requirement in this document, or use drones for any reason outside the “authorized use cases” identified
for each department. All policy changes must be approved by the Senior Remote Pilot in Command and the
Municipal Services Director before implementing.
The departmental drone policy must be reviewed and signed by all drone operators in the participating
department, and by any individuals with access to the drone data.
Engaging in the unauthorized use of drones or activities that are inconsistent with this Policy may subject an
officer or employee to discipline, up to and including termination of employment or removal from office, as
well as to applicable monetary fines and penalties. Nothing in this Policy shall modify or reduce any due
process rights provided pursuant to the officer or employee’s collective bargaining agreement.
Policy Draft
January 14, 2022
Moses Lake Council Packet 1-25-22, Page 193 of 210
The authorized use of drones is limited to the following Department use cases.
Department Authorized Use
Fire Department − Disaster Response: Assessment and District Surveys
− Emergency Response: Building Fire Reconnaissance
− Search & Rescue: Aerial or water borne drones.
− Training: Assessment and evaluation of emergency response operations.
Community
Development − Construction Management: Inspection of project sites for contract and environmental compliance.
− Environmental Monitoring & Documentation: Inspection of vegetation type and health,
wildlife, streams/reservoirs.
− Inspections: Surveys and assessments of Community Development properties and assets.
− Marketing and Public Outreach: Capture of video and still images of Community Development
infrastructure and facilities to produce media for education and outreach purposes.
Public Works − Construction Management: Inspection of projects, documentation of areas of erosion and
production of informational materials for progress reports and completed projects.
− Disaster Response & Recovery: Capture of aerial views and reconnaissance of affected
natural areas, properties, roadways, or assets in the event of a disaster.
− Environmental Monitoring: Assessment of the condition and health of City-owned street trees.
− Inspections: Survey and inspection of bridges, building exteriors and facades, rooftops, or assets
located in difficult to reach areas, including solar panels and roof mounted AC units.
− Surveying & Mapping: Public Asset management for all topographic mapping projects, provision of
base imagery for topographic data collection, creation of supplemental Digital Elevation Models,
support of field work, review of as-built plans, and inspection of inaccessible or hazardous locations.
Parks & Recreation − Construction Management: Inspection of Parks & Recreation project sites for contract and
environmental compliance.
− Disaster Response & Recovery: Inspection of properties, facilities, and assets during and after
disasters.
− Environmental Monitoring: Review of flora and fauna type and health, spills and leaks, erosion.
− Inspections: Surveys and assessments of Parks & Recreation properties, facilities, and assets.
− Mapping: Digital elevation models, land use maps, 3D models, contours.
− Marketing: Capture of video and still photographs.
Technology − Video Production: Capture of video and still photographs as elements of the City video
productions program.
− Marketing: Capture of video and still photographs.
Moses Lake Council Packet 1-25-22, Page 194 of 210
POLICY REQUIREMENTS
The safety of Moses Lake residents, businesses, and visitors are the top priorities of this Policy. Department
policies must be consistent with this Policy and must comply with all City, State, and Federal laws and
regulations, and with all state and federal Constitutional guarantees. To review Federal Aviation Authority
(FAA) requirements for the registration and use of drones by the City, please refer to:
https://www.faa.gov/uas/
Specifications: Each City drone must have a global positioning system. The software and/or firmware used
to operate the drone must be up to date and maintained.
Safety: Drones must be operated in a safe manner. City drones should not be operated in a way
that causes personal injury or property damage. Drones may not have features or be used
in a way that distracts drivers or other aircraft.
Drone pilots must complete a Job Safety Analysis (JSA) before every flight mission.
Everyone involved with the drone operation must read through and sign the JSA before
flight.
Drones that lose GPS signals should be set to hover in place. Additionally, drones that lose
signals to their remote operator or when low power is detected should be set to return to
home/origin.
Training: Drone operators must obtain remote pilot certifications from the FAA and must comply
with all other FAA requirements. Additional training will be done for any new pilot in
the City, training will include procedures for flight planning, drone setup, and tests for
each flight scenario.
Notification: Departments shall notify the public of all drone operations at least 24 hours in advance.
Department notifications shall include flight summary information.
NOTE: Pre-notification is not required when drones are used for emergency authorized
uses. In those situations, flight summary information must be submitted within 48 hours
after the operation.
Prohibited Zones: Drones may not be used within five miles of an airport or in any FAA no-fly zone unless
approved by the appropriate authority. City drone operations must comply with FAA rules.
Drone Pilots may not fly over any area that has the possibility of someone or moving
vehicles entering the flight zone, or any area that is not closed off to the public. FAA
specific waivers must be obtained before any flight over people or moving vehicles.
Moses Lake Council Packet 1-25-22, Page 195 of 210
ROLES AND RESPONSIBILITIES
1. Departments participating in the drone evaluation years are required to adopt a policy that reflects the
requirements iterated in this document. The departmental drone policy must be reviewed and signed by
all drone operators in participating departments, and any individuals with access to drone data.
2. Drone Advisory Committee will review and evaluate Department authorized use cases and provide
recommendations to City drone pilots on the continued use of drones. The Drone Advisory
Committee will be composed of representatives from the IT Department, representatives from
each department utilizing drone operations, and at least one Part 107 Certified Pilot.
QUESTIONS
All questions regarding this policy should be directed to the employee's supervisor or to the department
director. Similarly, questions about other applicable laws governing the use of drones should be directed to
the employee's supervisor or the director. Employees may also contact their unions for advice or information
about their rights and responsibilities under these and other laws.
SUPPORTING DOCUMENTS
• Drone JSA
REFERENCE
The FAA has developed regulations on the use of drones. For more information, please refer to their website at:
https://www.faa.gov/uas/
Moses Lake Council Packet 1-25-22, Page 196 of 210
JOB
Pilot in Command: _____________ Visual Observer(s): ______________ Date: _______________
Project Location: ______________________ Township, Range, Section: _____________________
Description of work: ________________________________________________________________
Job steps: 1. _______________ 2. ________________ 3. ________________ 4. ________________
5. _______________ 6. ________________ 7. ________________ 8. ________________
Simultaneous operations: ____________________________ UAV used: _____________________
Pre-Flight Checklist:
Remote controller and iPad/Phone charged
Batteries charged/inspected for defects (puffy, swollen, punctures, cracks)
Propellers lightly tightened and checked for defects
Motors are functioning normally (rotate without resistance)
Camera rotates normally
Camera lens clean
SD card inserted
Pilot apps up to date
Drone/battery firmware up to date
Airspace authorization (if needed)
Wind under 25mph
Compass calibrated
360 view check for aircrafts
Post-Flight Checklist:
Propellers checked for damage
Motors checked for damage
Batteries checked for damage (puffy, swollen, punctures, cracks)
Flight logs uploaded
Moses Lake Council Packet 1-25-22, Page 197 of 210
JOB
Hazards: Controls:
_____________________________ ______________________________
_____________________________ ______________________________
_____________________________ ______________________________
_____________________________ ______________________________
_____________________________ ______________________________
Signatures:
Additional flight notes:
Moses Lake Council Packet 1-25-22, Page 198 of 210
Drone Apps and Software Basic Information:
DJI GO, DJI GO 4: Basic flight apps for general pictures, videos, and for calibration.
DJI GS Pro: Mapping mission set-up and flying for mapping missions.
AirMap: Checking for any flight advisories in the flight area.
Aloft: Checking flight conditions, airspace authorization requesting.
AirData: Used to store flight logs, also records battery and sensor health.
HD Sync: Sync the flights to AirData when using DJI GO/DJI GO 4 for general pictures or videos.
Before You Fly:
1. Check the jobsite airspace.
• Use AirMap see if the location you want to fly has any restrictions or advisories. An easy
way to do this is Google “AirMap web app”, it should be the first link.
• Once there, zoom-in to the area you would like to fly.
• At the top right of the web app, there are three options to click on. The one on the left is
where you can select specific dates and times you want to look up advisories for. The
small middle one that looks like three pages stacked on top of each other, is where you
select if you are Pare 107 Certified or not. And the right one is where you see any
advisories that are in the area of interest (make sure to zoom-in close to where you
want because the “advisories” section shows everything that’s in view).
• The number with a colored line over it means that is the highest you can fly in this
location with getting Airspace Authorization through “Aloft”
2. After using AirMap, now you must determine if you will need any special waivers.
• The most common waivers we will be needing are “Operating over People”, “Operating
over Moving Vehicles”, and potentially “Operating Limitations: Altitude”
• “Operating over People”: Refers to anyone who is being flown over that is not apart of
the drone operation or the jobsite, anyone who is apart of the job at hand just needs to
be notified. If the jobsite is not a restricted or a closed off zone and there is a potential
that a civilian could walk under the drone, then you need this waiver.
• “Operating over Moving Vehicles”: Refers to any moving vehicle that is being flown
over that is not apart of the drone operation or the jobsite, any vehicle that is apart of
the job at hand just needs to be notified. If the jobsite is not a restricted or a closed off
zone and there is potential that a moving vehicle could drive under the drone that is not
apart of the jobsite, then you need this waiver.
• “Operating Limitations: Altitude”: Refers to any area you would need fly higher than
the specified “height ceiling” mentioned in the smaller sections of the 5-mile radius of
the airport, then you will need this waiver. NOTE: Any area that is directly in line with a
runway, has a much lower “ceiling” than an area that is on either side of a runway.
• The sooner you know the flight date you want, then the sooner you can apply for the
special waivers you might need (they are not instant like regular airspace authorization).
Moses Lake Council Packet 1-25-22, Page 199 of 210
A quote from the FAA about their processing times “We will do our best to review and
approve or disapprove waiver requests within 90 days of submission. Processing times
will vary based on the complexity of your request and the completeness of your initial
application.”
3. Once you have gone through the first two steps and got the correct approval and/or waivers,
you can now move on to Basic Drone Setup, flight planning for general pictures/videos or the
Drone Mapping guide.
Reminder: At the start of every flight, always do a “hover check” (hover about 4’
off the ground and move in each direction), after the hover check, do a “slow
takeoff” (ascend slowly to about 15’).
Basic Drone Setup:
Read each step carefully and fully before attempting the steps.
1. Take out drone and propellers from box.
2. Important notice: two of the propellers have black tops and the other two don’t, and two of the
motors have black dots and the other two don’t, make sure you put the propellers with black
tops on the motors with the black dots.
3. Tighten the propellers lightly onto the motors.
4. Insert the Micro SD card into the slot located on the left side of the drone when the camera is
facing away from you.
5. Assuming the batteries were charged, do a check of each battery to make sure there are no
defects (being puffy, swollen, any punctures or cracks are the common ones), insert a fully
charged battery into the drone. To check how charged a battery is, hit the button on the battery
once. Four solid green lights = fully charged, if the last green light is flashing then it is in between
75% and 87.5% (each light represents 25%)
6. Lightly remove the camera cover and make sure the camera is clean.
7. Connect the controller to the screen device you have downloaded the drone programs on, make
sure you are using a cord that is USB to (insert your device charging slot).
8. Turn on the controller (one short press and one long press) and set it to “P” mode.
9. Open up DJI GO 4.
10. Extend the antennas up and outward.
11. Place the drone in a coned off area that’s about 15’x15’ and power it on (one short press and
one long press). The drone should auto connect to the controller and enter the device. The first
window you will see in front of the camera view is the “Aircraft Status” menu, close this for now.
12. Let the drone sit for 10-15 seconds for the internal devices to initialize, connect to the
controller, and connect to satellites (you do not need to do anything to start this besides turning
the drone on and having it auto connect to the controller).
13. On the top left part of the screen, you will see a green “Ready to go” status. Press on the “Ready
to go” to open the “Aircraft Status” menu.
Moses Lake Council Packet 1-25-22, Page 200 of 210
14. If the drone is working properly then everything will read “Normal”, if the Compass does not
read “Normal” then that’s fine, we calibrate it every site regardless of normal status.
15. Calibrate the Compass (Important Notice: while calibrating the compass DO NOT be near metal
objects or too close to a building, even if the calibration says it works but you are too close to
metal objects or buildings, it could still crash unpredictably during takeoff. Always try and be
in an open area when you calibrate), it should ask you if you are ready to calibrate, hit yes and
follow the steps it tells you, the first step will have you spin around in one spot with the drone
held out right side up, you will notice the light pattern that’s flashing will change once it is done,
then step two will have you turn the drone on its side and spin around again, the light patter will
also change when it is finished. After step two, you can put the drone back on the ground.
16. After calibration, always press the top right “…” button and then press the button that looks like
an upwards arrow with a battery behind it. The voltage of the battery should be at the top of
this page, what you are checking for is that the colors of all four battery cells are green and
relatively level with each other. Then close out of this window.
17. Double check the statuses at the top of the screen for satellites, controller signal to drone and
the camera feed (the HD icon).
18. At this point you would move on to filling out the JSA (Job Safety Analysis).
Aloft Airspace Authorization:
These Steps are done at the jobsite.
1. Open Aloft.
2. Login to the account that has your specific license number tied to it.
3. Zoom in on the map where the jobsite is.
4. Where it says “Airspace Authorization” click the green “Maps” button.
5. Pull up the tab on the bottom left.
6. Tap the check box above “Get Authorization”.
7. Select “Part 107 Commercial” (if you are one).
8. Adjust the height to how high you need or allows, and change the location of the green box on
the map to fit the jobsite and hit Next
9. Double check the “Date and Time” and “Duration”, read the notes, and hit Next
10. Read the information given and hit Next.
11. Double check the Review and hit “Agree & Submit”.
Moses Lake Council Packet 1-25-22, Page 201 of 210
Things to consider when flying for pictures and video:
1. Airspace restrictions. (Refer to the Aloft section)
2. Waivers you might need.
3. Did you notify anyone associated with the jobsite you will be flying over them?
4. Locations of what pictures you intend to take before takeoff.
5. The path you will take for the video.
6. How, when, and where you will pan the camera when you are flying for video.
7. Test fly the path of the video to ensure the video is smooth and steady.
8. Once the flights are done and you get back to the office, upload the flight logs. (Refer to the
“How to upload flight logs” section)
Drone Mapping:
Make sure to have control points (marked as a white + sign) setup at the jobsite in
a way that the data you need is on the inside of the control points, with large
projects, you will also want control points on the inside as well.
1. Before you go to the jobsite:
• Open DJI GS Pro.
• In the bottom left, go to “My Missions”.
• In the bottom left, click on the blue “+” sign.
• Press “PhotoMap”.
• Press “Tap”.
• Move the map to where the jobsite is located. (Be careful not to do a single tap on the
screen before moving the map, that will create the flight box area. If you do just back
out to the main menu and don’t save)
• Tap the screen once to create the mapping area.
• Adjust the little white orbs to outline the area you want. You can add more white orbs
by dragging out the distance marker in between each line. You can also delete white
orbs by pressing to select one and then pressing the trash can button in the bottom
right of the screen.
• Always make sure you capture slightly more area than targeted area. During post
processing for data, the outside edges always have the least amount of data which
causes the point cloud or ortho to be not as accurate.
• Name the project by pressing the pen icon in the top right of the panel.
• In the basic tab you can adjust the height of the drone’s flight path, the speed will also
adjust depending on the height. (Important note: the height is ONLY from the home
location; it does NOT make adjustments to the height during the flight. For example, if
you are at the bottom of a hill you want to map, and it is 101’ in height, and you set
the height of the drone mission to 100’, you will crash into the hill. ALWAYS make sure
to do research or a test flight to determine the height of the flight if you have any
concerns about clearance issues.)
• In the advanced tab, make sure both the front and side overlap are set to 80%.
Moses Lake Council Packet 1-25-22, Page 202 of 210
• In the advanced tab, you can adjust the course angle. Adjusting the course angle can
shift the starting location of the drone (marked by the green “S” orb). It is also
important to keep in mind what is important to capture during the flight, for example, if
you want to capture good information on a road, it might be best to have the flight
paths run parallel with the road on either side of it.
• Tap the floppy disk icon in the top left of the screen to save the project.
• All other options should be set by default by an experienced drone mapper.
• You can check helpful flight details with the section right under the mission’s name, it
has three sections you can swipe through.
2. Once you get to the jobsite (if you need airspace authorization refer to the Aloft section), go
through the basic drone setup.
3. After the setup and JSA, leave DJI GO/DJI GO 4 in the background and open up DJI GS Pro.
4. Press “My Missions”.
5. Select the mission.
6. Tap “Edit” (under the blue “+” button).
7. Double check ALL settings and adjust if needed depending on site conditions.
8. Once you are done adjusting, save the project again.
9. Tap the top right blue plane button to initiate the programs checklist to begin the flight.
10. Resolve any issues presented, everything should read all green.
11. Once ready and the flight mission is transferred automatically to the drone, do a 360-view check
of the airspace you will be flying in and then hit the “Start to fly” button. You should hear a
shutter noise at each picture location if you have sound on. It is recommended to have sound
on, because there are some camera issues that can happen where the shutter sound stops, and
drone continues the flight, but each picture afterwards will be overexposed and un-useable. If
this happens, tap the return home button, have it auto-land or land it manually, power down
the drone (change battery if needed), power it back up, wait about 15 seconds for the
initializing, and then press the blue plane button again and resume the flight at last check point.
12. If you need to change the battery mid-flight, tap the return home button, let the drone land, or
land it manually, power down the drone, swap batteries, then hit the blue plane button again
and resume flight.
13. Once the flight is fully finished, all the data is stored onto the SD card so pack everything up,
return to the office and upload the flight logs to AirData (refer to the “How to upload flight logs”
section).
Moses Lake Council Packet 1-25-22, Page 203 of 210
How to upload flight logs:
DJI GS Pro upload for mapping projects:
1. Go to main menu of DJI GS Pro.
2. Click the “FlightLog” tab.
3. Click the middle button located in the top right.
4. Select what mission you want to upload or select all.
5. Click the top right export button.
6. Select “Web Server” for a URL to type in a web browser or select “System Standard Share” to
get it as an email link.
7. Download the .zip file.
8. Login and go to the upload section of the AirData web browser.
9. Drag the files into the upload box.
10. Hit upload.
Or follow the steps here: https://app.airdata.com/dji-gs-pro
DJI GO/DJI GO 4 upload for general pictures/videos:
1. Open DJI GO/DJI GO 4
2. Hit the upwards arrow button with a half circle above it (should be on the left side of the
screen).
3. Hit the top right cloud button and sync the flights to DJI servers.
4. Open the HD Sync App.
5. Login to the DJI account and verify login.
6. Enter the account specific AirData Token and verify.
7. Choose how many flights to sync and hit the “Sync Now” button.
Or follow the steps here: https://app.airdata.com/sync-app-ios?instr=1
Moses Lake Council Packet 1-25-22, Page 204 of 210
Page 1 of 1
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Susan Schwiesow, Parks, Recreation & Cultural Services Director
Date: January 19, 2022
Proceeding Type: Administrative Reports
Subject: Larson Recreation Center Update
Overview
The Larson Recreation Center construction started in April of
2021 with the demolition of the old Larson Recreation Center
building. Ground work began and the concrete floor was poured.
In August, supply issues arose with the type of steel that was
needed to construct. So, this was our first delay of about 8 weeks
with occupancy set back to August of 2022. This set back has
provided additional set backs related to weather and additional
steel issues.
The latest timeline received as of January shows occupancy for
October 10, 2022. Staff believes the timeline will move again
based on weather and the availability to pour concrete on the
second floor.
This picture to the left shows the erection
of steel in zone 3 which is the gymnasium
and the walking track.
The picture to the right will be the hockey
locker rooms. The picture shows the
concrete blocks that will be constructed as
soon as they reach the ideal temperature.
They are hoping to start the brick laying on
Monday, January 24.
Moses Lake Council Packet 1-25-22, Page 205 of 210
Page 1 of 2
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Susan Schwiesow, Parks, Recreation & Cultural Services Director
Date: January 19, 2022
Proceeding Type: Administrative Reports
Subject: Parks, Recreation & Open Space Plan
Legislative History:
• First Presentation: January 25, 2022
• Action: Informational
Overview
The Comrehensive Parks, Recreation & Open Space Plan began in April of 2021. We will be
completing our Plan in the next couple of months with adoption being March 22, 2022.
Public input was gathered in May of 2021 through stakeholder interviews, focus groups, and with
staff. Followed by a survey from the last week of June through August of 2021 open to the
community to provide input for the future of our department. Survey results were presented to
Council on October 12, 2021.
We coninuted with the process with developing a new mission and vision statements. Our new
mission statement will be: We provide safe, welcoming parks, healthy recreation, cultural
programs and extraordinary service for all.
Vision statement: We aspire to be our community’s leaders in connecting people to people, parks,
trails and programs, while creating a legacy for future generations, and honoring the culture and
history of Moses Lake.
We are providing an updated timeline to completion for your information.
Moses Lake Parks & Recreation Master Plan Work Plan
Action Item Date to Complete Comments
Complete park infill options/write up January 3-7
Complete capital costing of action items January 3-7
Write remaining chapters of draft plan January 3-7
GP team review of draft plan January 10-14
Review of draft plan by PIC (Tom) January 10-14
Edits made to draft Plan (GP) January 18-19
Moses Lake Council Packet 1-25-22, Page 206 of 210
Page 2 of 2
RCO review of draft plan January 20-Feb 19
City review of draft plan in MS Word January 20–31
Edits made to draft plan (GP) February 1-2
Formatting of plan February 2-15
City review formatted plan February 16-22
Small edits from City February 23-25
Council presentation March 8 Post on February 28
Parks, recreation & cultural services advisory March 9 Post of February 28
Adoption meeting March 22 Post on March 14
Moses Lake Council Packet 1-25-22, Page 207 of 210
840 E. Plum Street
Moses Lake, WA 98837
Phone: (509) 765-9239
Fax: (509) 765-1582
Hello,
Below is a brief highlight of the Moses Lake Community Coalition’s activities for 2021’s 4th quarter.
Quarter 4 October -December 2021
• MLCC fiscal representative Dayana Ruiz sat for and passed her national board certification and is
now a Certified Prevention Professional.
• MLCC met monthly as a general community coalition
o Coalition Assessment Tool was administered in October to all active members
o December, we celebrated a year in review (graphic attached)
o 4 community entities recognized for excellent partnership and youth support
• Outreach and education events included: red ribbon week, Halloween outreach downtown
Moses Lake and Cocoa for K-9s
• MLCC coordinator attended TOP Facilitation training in Arizona with partner coalitions from
Soap Lake and Quincy
• Youth Empowerment: Halloween bag stuffing project and Poet Jordan support group
• MAC: Talk they hear you – campaign shared with community at outreach events promoting
family bonding and community connections.
• QPR suicide prevention training hosted. 25 community leaders were trained to offer this training
to the community, and each committed to provide at least 6 trainings (2 a year) over the next 3
years.
• Healthy Youth Survey was administered to MLHS youth, providing MLCC and Moses Lake
community with valuable insight for future areas to support youth and families.
• Strengthening Families Program- Facilitator’s training planned for January and program offered
for families in early Spring of 2022
We know that the City of Moses Lake’s partnership continues to be instrumental in the success of our
prevention efforts within our community. Thank you for your support and we look forward to the
continued partnership.
Bernadette Crawford, CPP
Certified Community Coalition Specialist
Moses Lake Community Coalition
Grant Integrated Services
840 E Plum St
Moses Lake, WA 98837
509-765-9239 ext. 5321
bfcrawford@grantcountywa.gov
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