3972 Employee HandbookRESOLUTION 3972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ADOPTING UPDATED EMPLOYEE HANDBOOK
Recitals:
1. The City established an Employee Handbook by Resolution 3874 on January 25, 2022. 2. The Employee Handbook is reviewed annually based on updates to policies and current laws.
3. The intent of the handbook is to govern the personnel functions and the administration of benefits that will result in a more efficient governmental operation. Resolved: 1. The City Council repeals Resolution 3874 and adopts this resolution to approve the updated Employee Handbook effective February 13, 2024.
2. These policies will prevail over conflicting policies 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 13th day of February 2023.
Dustin Swartz, Mayor
ATTEST:
Debbie Burke, City Clerk
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CITY OF
MOSES LAKE
EMPLOYEE HANDBOOK
Updated February 13, 2024
City Council Resolution 3972
02/13/2024
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Table of Contents
CHAPTER 1 - PURPOSE, SCOPE, AND DEFINITIONS _____________________________________ 6
1.1 INTRODUCTION _________________________________________________________________ 6
1.2 INTENT OF POLICIES _____________________________________________________________ 6
1.3 SCOPE OF POLICIES ______________________________________________________________ 6
1.4 CHANGING THE POLICIES _________________________________________________________ 6
1.5 ADMINISTRATION OF THE PERSONNEL SYSTEM________________________________________ 7
1.6 DEFINITIONS ___________________________________________________________________ 7
CHAPTER 2 - GENERAL POLICIES AND PRACTICES _____________________________________ 10
2.1 EQUAL EMPLOYMENT OPPORTUNITY ______________________________________________ 10
2.2 REASONABLE ACCOMMODATION OF DISABILITIES ____________________________________ 10
2.3 REASONABLE ACCOMMODATION OF RELIGIOUS BELIEFS _______________________________ 10
2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT __________________________ 10
2.5 LIFE THREATENING/COMMUNICABLE DISEASES ______________________________________ 13
2.6 WHISTLEBLOWER POLICY ________________________________________________________ 13
2.7 WORKPLACE VIOLENCE AND WEAPONS PROHIBITION _________________________________ 15
2.8 EMPLOYMENT REFERENCES ______________________________________________________ 17
2.9 EMPLOYEE PERSONNEL RECORDS _________________________________________________ 17
CHAPTER 3 - EMPLOYMENT PRACTICES _____________________________________________ 19
3.1 RECRUITMENT AND SELECTION ___________________________________________________ 19
3.2 EMPLOYMENT OF RELATIVES (NEPOTISM) ___________________________________________ 19
3.3 HIRING PROCEDURE ____________________________________________________________ 20
3.4 PROBATIONARY PERIOD _________________________________________________________ 21
3.5 EMPLOYMENT STATUS __________________________________________________________ 22
3.6 PROMOTIONS _________________________________________________________________ 23
CHAPTER 4 - EMPLOYEE RESPONSIBILITIES AND CONDUCT _____________________________ 24
4.1 GENERAL CODE OF CONDUCT _____________________________________________________ 24
4.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST _________________________________ 26
4.3 ANTI-DISRUPTION POLICY ________________________________________________________ 26
4.4 SMOKE-FREE WORKPLACE _______________________________________________________ 26
4.5 POLITICAL ACTIVITIES ___________________________________________________________ 27
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4.6 CITY PROPERTY / PERSONAL POSSESSIONS / PRIVACY LIMITATIONS _______________________ 27
CITY PROPERTY/PRIVACY LIMITATIONS ___________________________________________________ 27
PERSONAL PROPERTY _________________________________________________________________ 28
WIRELESS COMMUNICATION DEVICES ____________________________________________________ 28
NETWORK USAGE ____________________________________________________________________ 29
4.7 Automobile Usage ______________________________________________________________ 33
Driver Approval Standards _____________________________________________________________ 34
Driver Orientation & Training ___________________________________________________________ 36
4.8 COMMERCIAL DRIVER’S LICENSE (cdl) ________________________________________________ 37
4.9 CORPORATE CREDIT CARD _______________________________________________________ 38
4.10 SUBSTANCE ABUSE _____________________________________________________________ 40
4.11 ACCIDENT PREVENTION AND SAFETY _______________________________________________ 53
4.12 PROFESSIONAL APPEARANCE _____________________________________________________ 54
4.13 ACCEPTANCE OF GIFTS __________________________________________________________ 56
4.14 DISPUTE RESOLUTION ___________________________________________________________ 56
CHAPTER 5 – EMPLOYEE DEVELOPMENT ____________________________________________ 58
5.1 PERFORMANCE EVALUATIONS AND DISCUSSIONS _____________________________________ 58
5.2 EMPLOYEE RECOGNITION ________________________________________________________ 59
5.3 PROFESSIONAL ASSOCIATIONS AND CERTIFICATIONS __________________________________ 60
5.4 TRAINING ____________________________________________________________________ 60
CHAPTER 6 - ATTENDANCE AND HOURS OF WORK ____________________________________ 61
6.1 CITY BUSINESS HOURS – ESTABLISHED WORK WEEK ___________________________________ 61
6.2 REMOTE WORK POLICY __________________________________________________________ 61
6.3 MEAL PERIODS AND BREAKS _____________________________________________________ 65
6.4 LACTATION BREAKS ____________________________________________________________ 65
6.5 OVERTIME/COMPENSATORY TIME _________________________________________________ 65
6.6 CALL-BACK ____________________________________________________________________ 66
6.7 CALL-IN ______________________________________________________________________ 66
6.8 TARDINESS AND ABSENTEEISM ___________________________________________________ 66
6.9 INCLEMENT WEATHER – EMERGENCY DECLARATION __________________________________ 67
CHAPTER 7 - COMPENSATION ____________________________________________________ 69
7.1 SALARY ADMINISTRATION _______________________________________________________ 69
7.2 WORK AT A HIGHER CLASSIFICATION _______________________________________________ 70
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7.3 MANAGEMENT AND CLASSIFICATION OF POSITIONS __________________________________ 70
7.4 PAYDAYS _____________________________________________________________________ 70
7.5 TRAVEL AND BUSINESS EXPENSES _________________________________________________ 71
CHAPTER 8 - BENEFITS __________________________________________________________ 79
8.1 INTRODUCTION ________________________________________________________________ 79
8.2 RETIREMENT BENEFITS __________________________________________________________ 79
8.3 GROUP LIFE AND LONG-TERM DISABILITY INSURANCE _________________________________ 79
8.4 TEMPORARY LIGHT DUTY ________________________________________________________ 80
8.5 HEALTH INSURANCE ____________________________________________________________ 80
8.6 UNEMPLOYMENT COMPENSATION ________________________________________________ 83
8.7 SAFETY FOOTWEAR _____________________________________________________________ 83
8.8 CITY APPAREL _________________________________________________________________ 83
8.9 EMPLOYEE IDENTIFICATION BADGES _______________________________________________ 83
8.10 WELLNESS COMMITTEE AND EMPLOYEE PROGRAM ___________________________________ 84
8.11 WORKERS’ COMPENSATION PROGRAM _____________________________________________ 84
CHAPTER 9 - LEAVES ____________________________________________________________ 86
9.1 HOLIDAYS ____________________________________________________________________ 86
9.2 ANNUAL VACATION ACCRUAL ____________________________________________________ 87
9.3 SICK LEAVE ___________________________________________________________________ 88
9.4 WASHINGTON FAMILY CARE ACT __________________________________________________ 91
9.5 SHARED LEAVE ________________________________________________________________ 91
9.6 BEREAVEMENT LEAVE ___________________________________________________________ 93
9.7 JURY DUTY/COURT APPEARANCE __________________________________________________ 93
9.8 FAMILY AND MEDICAL LEAVE (FMLA) _______________________________________________ 94
9.9 WASHINGTON PAID FAMILY AND MEDICAL LEAVE ____________________________________ 99
9.10 ADMINISTRATIVE LEAVE ________________________________________________________ 101
9.11 MILITARY LEAVE & RETURNED VETERAN RE-EMPLOYMENT ____________________________ 102
9.12 MATERNITY / PARENTAL / FAMILY LEAVE __________________________________________ 103
9.13 DOMESTIC VIOLENCE / SEXUAL ASSAULT LEAVE _____________________________________ 104
9.14 LEAVE OF ABSENCE WITHOUT PAY ________________________________________________ 105
9.15 FURLOUGH __________________________________________________________________ 106
9.16 FLEX-TIME ___________________________________________________________________ 106
CHAPTER 10 - DISCIPLINE AND TERMINATION ______________________________________ 108
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10.1 CORRECTIVE AND DISCIPLINARY ACTION ___________________________________________ 108
10.2 RETALIATION _________________________________________________________________ 110
10.3 TERMINATION ________________________________________________________________ 111
10.4 RE-HIRING OF LAYOFFS _________________________________________________________ 111
10.5 EXIT INTERVIEW ______________________________________________________________ 112
10.6 RETURN OF CITY PROPERTY _____________________________________________________ 112
10.7 FINAL PAYCHECK ______________________________________________________________ 112
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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’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 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.
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.
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.
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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, city key/lock rules must be strictly followed (City Key/Lock Policy and Procedure
– General Policies 1.03). 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 qualified for
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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 complies with the Washington state Equal Pay and Opportunities Act requiring equal
compensation to “similarly employed” workers along with equal opportunities for career
advancement, regardless of gender.
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.
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 unless specified by a collective bargaining agreement.
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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.
3.4 PROBATIONARY PERIOD
Every person hired, reclassified, promoted, or laterally transferred to a position must serve a
probationary period of twelve (12) months. 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
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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.
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.
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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.
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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 City of Moses Lake city/key lock policy.
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 and/or personal mobile device.
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.
If your position is not determined to include the issuance of a city-owned mobile device, you
may be required to use a personally owned mobile device for work-related purposes including
but not limited to security authentication, emergency communications, communication with
supervisor(s), etc.
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,
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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.
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 maintains multiple computer systems connected throughout the City via Local Area
Networks (LAN) and Wide Area Networks (WAN). Connections are also in place between the City
network and the Multi Agency Communication Center and Washington State computer networks.
The City provides a communications network capable of offering Electronic Mail (Email) and
Internet access, where applicable, to employees to assist in and facilitate legitimate City business
communications.
Utilization of these systems is a privilege. Employees should never put information on these
systems, or access Email or Internet services, unless they would feel comfortable accessing or
putting the same information in a widely distributed office memo. By using the City's network
systems (including Email and Internet), employees agree that they are aware of, understand and
will comply with, the provisions of this policy.
By using the City’s technology resources, employees acknowledge and agree that they have no
expectation of privacy or confidentiality vis-à-vis 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.
This policy applies to all employees, contractors, consultants, temporary and seasonal
employees, volunteers, and anyone working on behalf of the City.
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.
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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.
To access the network, each employee will receive a unique user ID to access the network. Since
the employee is responsible for all actions taken by that user ID, user IDs and passwords should
not be shared. In the event that an employee shares a user ID and password, that employee will
be equally responsible for the actions of the person using their ID.
As needed, the Technology Services Department may implement software to enforce
administrative policies to assure the internal security of computerized data and networks.
APPROPRIATE USE:
The City's computer systems, devices, electronic mail and Internet access are essential tools for
conducting the business of the City. In the event that the use of City resources is needed for
personal purposes, given approval by the employee's supervisor, this use must be reasonable
(i.e. occasional but limited) and be governed by the following tests:
1. There is no cost associated with the use;
2. Use is moderate in time;
3. Use does not interfere with employee or departmental productivity;
4. Use is not detrimental to the City's image;
5. Use does not infringe on any other City policies and/or guidelines; and
6. All other provisions of this Network Usage Policy are adhered to, including
inappropriate use below.
INAPPROPRIATE USE:
Use of the City's computer system to engage in any communication which violates federal, state,
or local laws, codes, and regulations, City policies and procedures is strictly prohibited at all times.
In addition, 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:
1. Personal commercial use.
2. 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.
3. Usage for any type of harassment or illegal discrimination including transmission of
obscene, harassing, offensive or demeaning messages to any other individual.
4. Gambling.
5. Usage for any unethical activity that could adversely affect the City of Moses Lake.
6. Usage which precludes or hampers City network performance.
7. Unauthorized copying of copyrighted material.
8. Usage which violates software license agreements.
9. Transmission of sensitive or proprietary information to unauthorized persons or
organizations.
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10. Attempting to make unauthorized entry to other City systems or to other networks.
11. Connecting any personal device, non-city issued device, or city issued device to a city
or system which has been received from an outside source or used on a non-city
system or device without prior authorization from Technology Services Department
staff.
12. Recreational purposes, including the loading and playing of computer games or
playing online games.
13. Sending anonymous messages and/or misrepresenting an employee’s name, position
or job description.
14. Using profane, threatening, racist, sexist, or otherwise objectionable language in either
public or private messages; or
15. Usage that violates the guidelines set forth in the City’s personnel policies.
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.
WEB BROWSING:
During the employee's normal work hours, the primary use of the City's Internet account shall be
for legitimate City business.
The City of Moses Lake reserves the right to monitor Internet access at all times and to limit
Internet access to employees via username, machine ID or any other means available to any
Internet sites that are not necessary to the employee's job requirements.
ELECTRONIC MAIL:
Electronic mail (email) communications constitute public records and the City has the right to
access or monitor messages for work-related purposes, security, or to respond to a records
request. Therefore, no assumption should be made as to privacy on the City's electronic mail
system.
The City has the right to view, remove, or disrupt the flow of any and all email passed through or
maintained on the networks.
COMPUTER SYSTEM SPACE:
The IT Department will be responsible for setting parameters and allocating maximum disk space
for all computer system users. Employees who can demonstrate legitimate business needs for
more disk space than what is allocated shall make a request to increase their disk space to the
IT Technician.
COMPUTER SYSTEM ACCESS:
The City treats all information transmitted through or stored in the system, including email
messages, as business information. The City has the capability and retains the right to access,
review, copy, modify, and delete any or all of such business information for any purpose and to
disclose it to any party (inside or outside the City) it deems appropriate.
Those files containing personal information of any employee as a result of the employee making
incidental use for personal purposes, including transmission of personal email will be treated no
differently than other business files and information. Accordingly, employees should not use the
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computer system to send, receive or store any information that they wish to keep private. Other
than by the Technology Services Department, deletion, examination, copying, or modification of
files or data belonging to other users without their consent is prohibited.
IT staff shall not peruse or attempt to gain access to email messages or electronic files of City
employees unless:
1. Expressly asked to do so by the employees on their own behalf;
2. Expressly asked to do so by the Executive Staff; or
3. The general access to files and information is a direct result of the Technology
Services staff's daily maintenance of the City's computer systems.
All data subject to local, state or federal Privacy Act policies and regulations will be
handled in accordance with those regulations.
EQUIPMENT PURCHASE AND REPAIR:
Computers and mobile devices will be purchased through, or with the full knowledge of, the
Technology Services Department. Once purchased by the City, the equipment becomes the
property of the Central Services Fund and will be maintained and replaced by that fund as
required, or at the discretion of the Technology Services Department. The Technology Services
Department will be responsible for the disposal of all replaced microcomputer equipment and
peripheral equipment.
SOFTWARE:
All software usage and purchases will be approved by the Technology Services Department.
USE OF CITY OWNED EQUIPMENT AND SOFTWARE NOT LOCATED ON CITY PROPERTY:
Under normal circumstances, City owned hardware and software will not be used "off-site."
Permission for such use may be granted by the City Manager. The Technology Services
Department must be informed of such permission and the requester must sign an agreement
(Home Use of City Computer Equipment). Such equipment may be loaded with software for
communications, word processing, etc. by the Technology Services Department.
The equipment must be returned to the Technology Services Department when requested.
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.
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
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strategy and with the Technology Services 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.
4.7 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.
2. 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), Human Resources 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. 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.
7. 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
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coverage for bodily injury and property damage and any other required coverage
determined by the employee’s personal auto insurance agent or broker.
8. Every City vehicle should have an accident report form and WCIA proof of
coverage card in the glove box.
9. 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.
10. Employees who are on-call and allowed to take a City vehicle home, are to provide
written acknowledgment that they fully understand and agree that the vehicle should
only be used as part of an on-call response for the City.
11. 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.
12. Smoking (including vaping) is not allowed in City vehicles.
13. 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 shall advise
their supervisor of any such tickets, citations, or infractions received.
14. Employees shall 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.
15. Employees who utilize a city vehicle for daily work duties or who travel on city
business are responsible to return city vehicles with a minimum of a half (1/2) tank
of fuel. Employees fueling up city vehicles in Moses Lake are expected to utilize
the Cenex (CHS) pump stations and comply with entering all requested information
when using the fuel card, to include:
• Selecting “Yes” when asked if Reward Card
• Entering the actual odometer reading of the vehicle
• Entering the Vehicle #
Driver Approval Standards
The City will verify whether or not an employee’s driver license, including a CDL, is valid,
suspended, or revoked by logging onto the DOL website at: Online Services (wa.gov). The
City will verify that an employee’s license is in good standing on an annual basis for all
employees who have driving as an essential function.
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Checking Applicant’s/Employee’s ADR
Per RCW 46.52.130, employers may request a driving record for employment and risk
management purposes by completing a Driving Record Request (Form DR-500-009) available
on the Washington State Department of Licensing website at Driving Record Request
(wa.gov). The City will obtain from the employee, prospective employee or volunteer, an
Abstract of Driving Record Release of Interest, (form DSC-425-020) Driving Record Release
of Interest (wa.gov). The Release of Interest is not submitted to the DOL but will be retained
by the City.
An individual can also obtain their own ADR. Applicants may be required to furnish a copy
of their current ADR as part the employment application process as a condition of
employment. The City will reimburse those candidates who provide this report.
An applicant’s/employee’s ADR will only be obtained from the Washington State Department
of Licensing. An ADR will be obtained periodically for employees who drive on City business
and employees who are required to maintain a CDL. The ADR should be reviewed to
determine if the employee continues to meet the driver approval guideline.
Evaluating Employee ADR’s
The City will use the following criteria to determine if current employees or potential new
employees are eligible to operate a motor vehicle within the course and scope of their
employment, based on their driving history. The ADR will be reviewed with the driver and
made part of the employee file.
Driver Evaluation Criteria
The City will only allow authorized drivers to operate a vehicle on behalf of the City of Moses
Lake if their driver record demonstrates they will be a safe driver. Those possessing an
invalid or suspended license are not eligible to operate a vehicle for the City under any
circumstances.
The ADR will be reviewed for the following:
Major Violations:
DUI – Driving under the influence of drugs or alcohol
Negligent homicide in the use of a motor vehicle
Using a motor vehicle for the commission of a felony
Operating a vehicle without a valid unsuspended license
Aggravated assault with a motor vehicle
Grand theft of a motor vehicle
Reckless driving or speed contest/racing
Negligent driving
Hit and run (bodily injury and/or property damage)
Eluding/Attempting to elude a police vehicle
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Moving Violations
Violations other than Major Violations. These consist of speeding and other moving traffic
infractions. See WAC 308-104-160. Traffic photo enforcement and parking tickets do not
appear on driving records as moving violations. If multiple citations are issued on the same
day, they will be counted as a single violation.
Penalties for too many traffic tickets per DMV:
License is suspended for 60 days if ticketed for 6 moving violations within 12 months.
Placed on probation for one year if ticketed for 4 moving violations in 12 months or 5
moving violations in 24 months.
During probation, license is suspended for 30 days if ticketed with more moving
violations.
Following suspension, another year of probation. If cited for one traffic violation during
second probation, driver’s license suspended 60 days for a 2nd suspension; 120 days
for a 3rd suspension; and 364 days for a 4th or subsequent suspension.
Driver Self-Reporting
Drivers are required to notify their supervisor and Human Resources of major violations upon return
to work or no later than five (5) days (whichever is sooner). Employees are encouraged to self-
report once they have received 3 moving violations in a 12-month period to allow City and the
employee opportunity to discuss activity and remedial training to avoid penalties for too many
tickets as described above.
Revocation of Driving Privileges
If after review of ADR and evaluation criteria, a driver is found to not meet approved driver
standards, the following actions may be taken depending on the nature, severity and/or
frequency of the offense:
Remedial training
Suspension of driving privileges for business
Termination of employment
Driver Orientation & Training
The City will require all employees who operate a motor vehicle within the course and scope
of employment to successfully complete a driver orientation and training program within a
specific time frame after placing that employee in a driving position.
The Driver Orientation program may include, but not be limited to, such elements as:
1. Vehicle/Equipment Orientation
2. Vehicle/Equipment Operation
3. Vehicle/Equipment Inspection
4. Special Vehicle Characteristics (e.g., ABS brakes, front/rear/all-wheel drive,
long wheelbase, etc.)
5. Emergency Equipment (fire extinguisher, first aid kit, flashlight, flares)
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6. Defensive Driving (Classroom & Behind the Wheel Instruction)
7. Emergency Situations
8. WCIA Accident/Coverage Cards
9. Accident Reporting/Investigation
An on-going Driver Training Program may include the following elements:
1. All employees who drive vehicles within the course and scope of employment should
be notified of the commitment by management to prevent vehicle and equipment
accidents.
A competency assessment may be used as part of the driver training program to find
out if drivers can perform the essential job functions expected of them. A
competency assessment is particularly important when driving specialized
equipment. The same type of equipment that will be assigned to the driver should be
used in the assessment and the assessment period should be long enough to cover
a variety of situations. The assessment should not establish a pass/fail grade but
should indicate the driver's competent areas and need-for-improvement points. This
will allow the employer to provide needed training prior to dispatching the driver.
Documentation of the competency assessment will be kept in the driver’s file.
2. All personnel should be advised of proper vehicle and equipment maintenance, hook-
up, loading, inspection, and other procedures, during the course of any on-going
safety program.
3. Drivers should be informed of management’s policy requiring employees to immediately notify their supervisor or department head when something happens
that affects their ability to operate a motor vehicle within the course and scope of
employment. Disciplinary procedures consistent with the City’s policies should be
followed as appropriate.
4.8 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.
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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: 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.
4.9 CORPORATE CREDIT CARD
City employees who are issued a credit card will use their credit cards in accordance with small
purchases of goods and services:
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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.
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. 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
department 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:
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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.
4.10 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
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
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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:
1. 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.
2. Abnormal conduct or erratic behavior while at work or significant performance decline, or
changes indicating possible violation of this policy.
3. Information provided either by reliable and credible sources or independently
corroborated.
4. Evidence that an individual has tampered with a drug or alcohol test.
5. 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.
6. 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.
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.
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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,
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
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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
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
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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.
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
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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
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
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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:
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.
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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
(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.
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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.
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
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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.
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
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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
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.
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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.
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
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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.
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
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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
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.
4.11 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.
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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
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.
4.12 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.
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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.
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.
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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.
4.13 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.
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.
4.14 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.
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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.
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. The intent of the budget is to reward and recognize employees
as a retention and attraction tool while being a prudent steward of public funds. Employees will
be responsible to pay applicable payroll taxes on monetary awards and incentives in
accordance with Federal and state law and the City’s financial policies.
All employees who have been continuously employed with the City for 5, 10, 15, 20, 25, 30,
and 35 or more years respectively will be recognized with an appropriate award based on the
number of years of service.
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.
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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 REMOTE WORK POLICY
Objective
The City recognizes that a remote work arrangement may be a viable and mutually beneficial
option when both the employee and the position are suited for such an arrangement. Remote work
allows employees to work at home, on the road or in a satellite location for all or part of their
workweek. Remote working may be appropriate for some employees and jobs but not for others.
Remote work is not an entitlement, it is not an employee or city-wide benefit, and it in no way
changes the terms and conditions of employment with the City of Moses Lake. Approval of remote
work arrangements are at the sole discretion of the Department Director and City Manager. The
City reserves the right to terminate a remote work arrangement at any time and will provide
reasonable advance notice of the change to the remote work arrangement to accommodate
commuting or other issues that may arise.
On a case-by-case basis, the City will consider employee requests for remote work using the
criteria set forth below.
Procedures
Remote work can be informal, such as working from home for a short-term project or on the road
during business travel, or a formal, set schedule of working away from the office as described
below. Either an employee or a supervisor can suggest remote working as a possible work
arrangement.
Any remote working arrangement made will be on a trial basis for the first three months and may
be discontinued at will and at any time at the request of either the remote worker or the
organization. Every effort will be made to provide thirty (30) days’ notice of such change to
accommodate commuting, childcare and other issues that may arise from the termination of a
remote working arrangement. There may be instances, however, when no notice is possible.
Eligibility
Individuals requesting formal remote working arrangements must be employed with the City of
Moses Lake for a minimum of twelve (12) months of continuous, regular employment and must
have a satisfactory performance record.
Before entering any remote working agreement, the employee and Director, with the assistance of
the human resource department, will evaluate the suitability of such an arrangement, reviewing the
following areas:
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Employee suitability. The employee and Director will assess the needs and work habits of
the employee, compared to traits customarily recognized as appropriate for successful
remote workers.
Job responsibilities. The employee and Director will discuss the job responsibilities and
determine if the job is appropriate for a remote working arrangement. This analysis
includes assessing the nature of the employee’s duties and extent to which duties can be
performed effectively working remotely.
Equipment needs, workspace design considerations and scheduling issues. The employee
and Director will review the physical workspace needs and the appropriate location for the
remote work.
Tax and other legal implications. The employee must determine any tax or legal
implications under IRS, state, and local government laws, and/or restrictions of working out
of a home-based office. Responsibility for fulfilling all obligations in this area rests solely
with the employee.
Operational and customer service needs, including the impact on other staff members.
Equitable distribution of remote work arrangements for similar type work.
Ability to return to the office on short notice from a remote work location.
Other factors relevant to the particular situation.
If the employee and Director agree, human resource department concurs and City Manager
approves, a draft remote working agreement will be prepared and signed by all parties, and a
three-month trial period will commence.
Evaluation of remote worker performance during the trial period will include regular interaction by
phone and e-mail between the employee and the Director, and weekly face-to-face meetings to
discuss work progress and problems. At the end of the trial period, the employee and Director will
each complete an evaluation of the arrangement and make recommendations for continuance or
modifications. Evaluation of remote worker performance beyond the trial period will be consistent
with that received by employees working at the office in both content and frequency but will focus
on work output and completion of objectives rather than on time-based performance.
An appropriate level of communication between the remote worker and supervisor will be agreed
to as part of the discussion process and will be more formal during the trial period. After conclusion
of the trial period, the Director and remote worker will communicate at a level consistent with
employees working at the office or in a manner and frequency that is appropriate for the job and
the individuals involved.
Equipment
On a case-by-case basis, the City of Moses Lake will determine, with information supplied by the
employee and the supervisor, the appropriate equipment needs (including hardware, software,
phone and data lines and other office equipment) for each remote working arrangement. The
human resources and information systems departments will serve as resources in this matter.
Equipment supplied by the organization will be maintained by the organization. Equipment
supplied by the employee, if deemed appropriate by the organization, will be maintained by the
employee. The City of Moses Lake accepts no responsibility for damage or repairs to employee-
owned equipment. The City of Moses Lake reserves the right to make determinations as to
appropriate equipment, subject to change at any time. Equipment supplied by the city is to be
used for business purposes only. The remote worker must sign an inventory of all City of Moses
Lake property received and agree to take appropriate action to protect the items from damage,
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unauthorized use, or theft. Upon termination of employment, all city property will be returned to the
city, unless other arrangements have been made.
The City of Moses Lake will supply the employee with appropriate office supplies (pens, paper,
etc.) as deemed necessary. The City of Moses Lake will also reimburse the employee for
business-related expenses, such as phone calls and shipping costs, which are reasonably
incurred in carrying out the employee’s job.
The employee will establish an appropriate work environment within his or her home for work
purposes. The City of Moses Lake will not be responsible for costs associated with the setup of the
employee’s home office, such as remodeling, furniture, or lighting, nor for repairs or modifications
to the home office space. The employee’s remote workspace should be free from disruptions and
distractions that negatively impact attendance or the performance of job duties.
Security
Consistent with the city’s expectations of information security for employees working at the office,
remote working employees must ensure the protection of confidential and proprietary city and
customer information accessible from their home office. Steps include locking the computer when
leaving the work areas, installation of updates when they become available, secure handling and
disposal of physical documentation, ensuring secure (password protected) internet service, using
locked file cabinets and desks, regular password maintenance, and any other measures
appropriate for the job and the environment.
All remote workers are responsible for all activity performed under their City account and must
protect against any unauthorized use. If an employee’s access login or password has been
compromised or if the remote access user’s computer, laptop, or any City owned equipment is
lost, stolen, or otherwise compromised, the Information Technology Department must be
contacted immediately. City equipment shall be used by the employee only.
All email and materials created using remote access privileges are the property of the City and
should not be regarded as private communications. Additionally, all email documents and other
materials created using remote access privileges are public records and will fall under the
disclosure rules of the Public Records Act.
Safety
Employees are expected to maintain their home workspace in a safe manner, ergonomically
suitable manner, free from safety hazards. The City of Moses Lake will provide each remote
worker with a safety checklist that must be completed at least twice per year. Injuries sustained by
the employee in a home office location and in conjunction with his or her regular work duties are
normally covered by the city’s workers’ compensation policy.
Employees should not have work-related persons (non-city employees), vendors, or other
customers visit the employee at their remote work site.
Remote working employees are responsible for notifying the employer of such injuries as soon as
practicable. The employee is liable for any injuries sustained by visitors to his or her home
worksite.
Remote working is not designed to be a replacement for appropriate childcare. Although an
individual employee’s schedule may be modified to accommodate childcare needs, the focus of
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the arrangement must remain on job performance and meeting business demands. Prospective
remote workers are encouraged to discuss expectations of remote working with family members
prior to entering a trial period.
Time Worked
Employees approved to work remotely are expected to work their assigned work schedule unless
approved by their supervisor. They must also observe regular lunch and rest periods. For overtime
eligible employees, any overtime hours require the advance approval of the employee’s
supervisor. Failure to comply with this requirement may result in the termination of the remote
work arrangement.
Remote working employees who are not exempt from the overtime requirements of the Fair Labor
Standards Act will be required to accurately record all hours worked using the City of Moses
Lake’s time-keeping system. The employee will follow existing City policies to use paid sick,
vacation time, or other accrued leave.
Remote Employee Availability/Responsiveness Requirements
An employee who is working remotely must be available and responsive during regularly
scheduled work hours. Regardless of an agreed-upon remote work schedule, if an employee’s in-
person presence is needed, the employee must remain willing and able to come to the worksite to
perform job duties. Supervisors should give at least twenty-four (24) hours advance notice
whenever possible. A request to come to the worksite during regularly scheduled work hours is not
considered a schedule change. Reporting to the office from a remote work location is commute
time and is non-compensable. For this reason, and due to tax implications, the City will not
approve remote work arrangements where the employee’s remote work location would be
permanently outside the State of Washington. The City will make a reasonable effort to provide
advance notice of any changes to an established regular remote work schedule. For union
represented employees, schedule changes should be made in compliance with the relevant union
contract.
Remote Employee Disciplinary Action Requirements
Failure to follow the rules and guidelines stated in this policy may result in progressive disciplinary
action up to and including termination and in accordance with the relevant union contract.
Ad Hoc Arrangements
Temporary remote working arrangements may be approved for circumstances such as inclement
weather, special projects, or business travel. These arrangements are approved on an as-needed
basis only, with no expectation of ongoing continuance.
Other informal, short-term arrangements may be made for employees on family or medical leave
to the extent practical for the employee and the organization and with the consent of the
employee’s health care provider, if appropriate.
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All informal remote working arrangements are made on a case-by-case basis, focusing first on the
business needs of the City. Intermittent/situational remote work arrangements are not appropriate
substitute for sick leave and may not be used for the employee’s own or a family member’s,
illness, injury, or other circumstance that interferes with the employee’s ability to perform their
work.
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/COMPENSATORY 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. A maximum of eighty (80) hours
of compensatory time may be carried over from year to year. Compensatory time may be
accumulated up to a maximum of eighty (80) hours. Compensatory time above eighty (80)
hours must be used by December 31 of the current calendar year or will be forfeited. 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
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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.
(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
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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
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 with 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 complies with the Washington state Equal Pay and Opportunities Act requiring equal
compensation to “similarly employed” workers along with equal opportunities for career
advancement, regardless of gender.
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.
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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.
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 unless a holiday falls on Friday. In that event,
payday will be the last workday preceding the holiday.
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
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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.
7.5 TRAVEL AND BUSINESS EXPENSES
It is the policy of the City of Moses Lake to allow the attendance and participation of authorized
employees, public officials, and volunteers (hereafter referred to as travelers) at meetings,
conventions, and seminars (hereafter referred to as events) where such participation is
determined to be in the public’s interest. The City of Moses Lake will reimburse travelers for
reasonable travel expenses incurred in the conduct of business for the City. Reimbursement for
such necessary and reasonable expenses will be made subject to the rules herein by
application and upon compliance with this policy and with Chapter 42.24, Revised Code of
Washington. When incurring such expenses, travelers must be sensitive to public expectations
as to the use of public moneys and the need to use good judgement. The City will not pay
expenses which are deemed excessive, extravagant, unnecessary or unreasonable.
Responsibilities of Travelers
A traveler on official City business is responsible for:
Being familiar with City travel and transportation regulations before embarking on travel.
Exercising the same care in incurring expenses and accomplishing the purposes of the
travel that a prudent person would exercise if traveling on personal business. Excess
costs, circuitous routes, delays, or luxury accommodations unnecessary or unjustified in
the performance of official City business travel are not acceptable and will be rejected.
Paying any expenses incurred for personal preference or convenience.
Returning as promptly as possible to either the official station or official residence when
the City business is completed.
Securing prior authorization for travel.
Preparing the Travel Request and Travel Expense Report forms and providing
appropriate receipts and documentation.
Penalties for Fraud or Abuse
City employees who are found to have claimed falsified claimed expenses under these policies
are subject to disciplinary actions which may include termination from City employment. In
addition, state law provides that any person intentionally submitting a false claim commits the
crime of perjury in the second degree. State and City laws may also provide for additional
criminal penalties including, but not limited to, theft.
Advance Travel Arrangements Required
All travel arrangements, including but not limited to airline reservations, hotel reservations,
conference registrations, etc., shall be made in advance to take advantage of any available
discounts and to avoid paying premium rates, but only after a Travel Request Form has been
completed and approved.
Travel Status Limitations
A traveler may be considered to be in travel status when the area of travel is located at least fifty
(50) miles (one-way, using the most direct route) from the closer of either the traveler’s official
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residence or official station. In some situations, there may be adequate justification for allowing
a traveler to be in travel status within 50 miles, such as:
When the health and safety of travelers is an issue, as noted in the next section.
When it can be demonstrated that staying overnight is more economical to the City.
When it can be demonstrated that staying overnight is a necessary requirement for the
conference or training.
Health and Safety of Travelers
The health and safety of travelers is a top priority in the conduct of travel related activities. It
may be necessary to alter travel plans and itineraries in consideration of hazardous inclement
weather and other situations that could threaten the health and safety of City employees. When
this occurs, travelers should:
• Promptly notify the traveler’s supervisor of the change in travel plans.
• Note the reason for any additional expense on the traveler’s travel expense voucher.
Excess Travel Time
Any excess travel time which is brought about by the employee’s choice of transportation or
other personal reasons will be charged to the employee as vacation time.
Excess Travel Expenses
Any excess travel expenses which are brought about by the traveler’s personal activities are the
responsibility of the traveler. Only those travel expenses directly related to City business are
allowed.
Travel Authorization
Advance authorization for travel must be obtained as documented by a properly completed and
approved Travel Request form (https://lfweb.cityofml.com/Forms/Travel). All anticipated travel
expenses must be listed, and appropriate approval signatures obtained as indicated below. If
assistance is needed in determining allowable rates, completing forms, etc., Finance staff will
provide necessary direction. If applicable, conference or training registration documentation that
indicates the purpose, dates and times of the meeting, and details of what is included with
registration must be attached. The Travel Request form must be attached to the Travel Expense
Report when a reimbursement request is submitted.
After a Travel Request form has been fully approved, any changes that would increase the cost
to the City must be authorized by the approval authority outlined below.
Authorization for Exceptions
No policy can anticipate all possible circumstances and provide for their needs. Consistent with
the statement of policy, the City Manager may authorize exceptions to any rates or restrictions
imposed by these policies. Such authorization shall be by memo summarizing the
circumstances and specifically identifying the expectations to be authorized. Itemized receipts
are required for such authorized amounts.
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Approvals
Travel Request forms, Travel Expense Reports and credit card charges for travel shall be
signed for approval as noted below:
• Councilmembers – Approved by the City Manager.
• Advisory Board Members – Approved by the City Manager
• City Manager – Approved by the Mayor.
• Department Director – Approved by the City Manager.
• Other employees – Approved by the direct supervisor and department director.
All out-of-state travel must be approved by the City Manager for all City employees prior to
arrangements being made and commitment of liability against the City of Moses Lake for
payment. This may be facilitated through the Travel Request form in Laserfiche.
Travel Advances
To avoid placing a hardship on an employee, a travel advance may be issued to an employee
for approved anticipated out-of-pocket meal expenses to be paid by the employee during
authorized travel. An advance will only be issued when anticipated out-of-pocket meal expenses
exceed $50 and a Travel Request form cannot be completed at least one-week before the first
day of travel due to an emergency. Advances under $50 will not be made. Travel advances are
not intended for travel tickets, pre-registration fees, lodging and/or other items which can
normally be billed to the City, paid through the regular accounts payable system or by City credit
card. Employees must clear any outstanding advances before requesting another advance.
Settlement for travel advances must be made on or before the fifteenth (15th) calendar day
following the end of travel and will be accompanied by any unexpended portion of the advance
including any non-reimbursable travel expenses. Such settlement shall be completed on the
City’s Travel Expense Report form; all applicable receipts should be attached to the form in an
orderly manner and forwarded to the Finance Department after approval by the supervisor.
The travel advance is considered a lien against any amount owed by the City to the employee.
Amounts considered to be in default may be withheld by the City from the employee’s monthly
paycheck. Any outstanding advances not cleared before an employee’s termination will be
withheld from their final paycheck.
The Advance Travel Fund will not be used to make reimbursements to employees.
Use of City Credit Cards
City credit cards are the preferred method of payment for any expenses that cannot be prepaid
through the accounts payable process, including airfare, event registration and lodging but
excluding meals. Any payments made using a City credit card must comply with all City of
Moses Lake credit card policies and procedures. Original, itemized receipts are required for
all credit card purchases, and must be submitted with requests for payment of credit card bills.
Any credit card charges that are not properly documented are the responsibility of the traveler
and must be repaid to the City.
City credit cards may only be used for the following employee travel related expenses:
• Conference registration and conference-provided meal fees.
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• Eligible transportation related costs such as airfare, rental cars, taxi/Uber and parking
fees.
• Eligible lodging costs.
City credit cards may not be used to pay:
• Any portion of an expense that is the responsibility of the individual. For example, if
lodging costs are higher because of an additional guest in the room, only the portion of
the lodging cost (single occupancy) attributable to the City may be charged to the City
credit card.
• Meal expenses, except meals included with conference registration or included with
lodging.
Employees should not use personal credit cards to pay for travel expenses unless there is an
unforeseen expense incurred and use of a City credit card is not possible.
Travel Expense Report
All travel expenses shall be submitted to the Finance Department on a Travel Expense Report
form (https://lfweb.cityofml.com/Forms/Travel_Expense_Report). If assistance is needed in
determining allowable rates, completing forms, etc., Finance staff will provide the necessary
direction. Original, itemized, paid receipts are required for all expenses except meals purchased
with per diem allowances and mileage if a City vehicle could not be used. The Travel Request
form, including conference or training registration documentation that indicates the purpose,
dates and times of the meeting, and details of what is included with registration must be
included with the Travel Expense Report. An agenda should be attached if one was provided at
the conference or training.
A fully itemized travel expense report must be submitted no later than 30 days past the last day
of the event date.
If an employee uses a personal credit card for travel-related expenses, that must be indicated
on the Travel Expense Report. In addition to the original, itemized, paid receipts, the employee
must also provide a redacted copy of their credit card statement showing the charge was
incurred.
Individual Expense Reimbursements
Except for lodging where individuals share the same room or transportation conveyance (cab,
rental car, etc.), each individual seeking reimbursement must incur his/her own expense and
request reimbursement on his/her own Travel Expense Report. If lodging accommodations or
transportation are shared between two or more employees, the portion of the billing for all such
employees may be submitted by the employee paying the bill.
Registration
Registration should be prepaid through the City credit card or accounts payable process.
Registrations shall be made in a timely manner to take advantage of early registration
discounts. If a check is to be processed, the request for payment shall be submitted in sufficient
time to process the registration with regular accounts payable procedures. If it is not possible to
prepay registration fees, receipts must be submitted for reimbursement. Registration costs will
not be paid as part of a request for a travel advance.
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Transportation
Actual costs for bus travel, train travel, taxi/Uber, tolls, car rentals, parking fees and air travel
are eligible, provided all air travel shall be by coach class. Payment for air travel shall be at
actual cost from the closest and most economical airport to destination and return. To take
advantage of available discounts and avoid paying premium fares, travel arrangements shall be
booked in advance but only after approval by the City Manager.
Whenever possible, a City vehicle should be used for employee travel. Travelers may
use assigned vehicles or available pool cars while on City business. Operating City
owned vehicles requires a valid Washington State driver’s license. Employees shall
provide proof of a current and active Washington State driver’s license to the Human
Resources Department. It is the responsibility of the traveler to provide Human
Resources copies of the active driver’s license including any conditions and situations
that may impact the employee’s driver’s license.
Wherever practical, employees should ride together to minimize costs. No mileage
reimbursement will be made for casual or insignificant use of a personal vehicle within
the City of Moses Lake. Mileage reimbursement within Moses Lake will be allowed if a
City vehicle is not available and the use of a personal vehicle is significant and required
by the job. Permission to use a personal vehicle on a regular basis must be obtained
from the employee’s direct supervisor. When using a personal vehicle for City business,
proof of a valid Washington State driver’s license and valid insurance is required.
If an employee must use a personally owned vehicle for travel to an event, mileage will
be reimbursed at the Internal Revenue Service mileage rate, provided payment will not
exceed coach class airfare to and from the same destination.
Only one person traveling in the same vehicle may be reimbursed for the trip.
Rental vehicles will be allowed with prior authorization from a Department director, but
only under exceptional circumstances related to business necessity, not personal
convenience. Justification will be required with the Claim for Expense form for all rental
vehicle expense claims. If available, employees are to obtain both liability and
collision/comprehensive coverage provided by the rental agency for rentals of less than
two (2) weeks duration.
o Example: An employee’s home is in Warden and official station is in Moses Lake.
The employee travels from home directly to training in Spokane. After training the
employee goes by the office in Moses Lake to do some work before returning
home. The miles driven between Warden and Moses Lake are considered the
normal commute and therefore are not eligible for reimbursement, even if the
employee does not stop at the office on the way to Spokane. However, the miles
driven between the work/training locations (from Warden to Spokane) are
reimbursable.
Lodging
Under normal circumstances, payment for lodging is only allowed when traveling more than fifty
(50) miles (one-way, shortest distance) from the closer of either the traveler’s official station or
official residence. Under special circumstances involving early or late meetings, or multiple day
meetings, lodging expense for less than 50 miles distance may be authorized subject to the
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department director’s approval and before the occurrence happens. See “Travel Status
Limitations”.
The actual cost of commercial lodging facility accommodations is eligible for payment or
reimbursement up to the maximum lodging rate allowed (excluding tax) for the area of travel as
established by the Office of the General Services Administration (GSA). The most current
maximum lodging rates can be found at the following web address:
https://www.gsa.gov/travel/plan-book/per-diem-rates. An original, itemized, paid hotel bill is
required. If a family member or guest accompanies the employee, the employee shall pay out-
of-pocket for the additional amount over that of a single accommodation. The single
accommodation rate must be noted on the hotel/motel bill submitted.
Allowable lodging expenses are intended to include the basic commercial lodging rate or the
“government rate” if available, and applicable sales taxes and/or hotel/motel taxes. It shall be
the responsibility of the traveler to request of the lodging vendor a “government rate”, if
available, unless a lower rate for the same accommodations is available with the regular rate.
Use mid-priced lodging appropriate for business travels.
Exceptions to the Maximum Allowable Lodging Rates
In the following situations, the maximum allowable lodging amounts may not be adequate, and
the City Manager, Council or Mayor may approve payment of lodging expenses that exceed the
allowable amount. Approval must be made in advance of the travel.
When costs in the area have escalated for a brief period of time either during special
events or disasters.
When lodging accommodations in the area of travel are not available at or below the
maximum lodging amount, and the savings achieved from occupying less expensive
lodging at a more distant site are consumed by an increase in transportation and other
costs.
The traveler attends an event where the traveler is expected to have business
interaction with other participants in addition to scheduled events. Further, it is
anticipated that maximum benefit will be achieved by authorizing the traveler to stay at
the lodging facilities where the meeting, conference, convention, or training session is
held.
To comply with provisions of the Americans with Disabilities Act, or when the health and
safety of the traveler is at risk.
When meeting room facilities are necessary, and it is more economical for the traveler to
acquire special lodging accommodations such as a suite rather than to acquire a
meeting room and a room for lodging.
Meals
The City does not ordinarily reimburse for meal expenditures within a 50-mile radius of the
employee’s official station or official residence, however exceptions may be made. All meals will
be reimbursed based on the US General Services Administration (GSA)
(https://www.gsa.gov/travel/plan-book/per-diem-rates) per diem rates for the area the meal was
purchased. If the meal reimbursement is not in conjunction with travel which requires an
overnight stay, per IRS regulation this reimbursement will be a taxable fringe benefit and
payable on the end of the month payroll. If a represented employee is not in travel status but is
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eligible for a meal allowance in accordance with their respective Collective Bargaining
Agreement, those reimbursements will be processed through payroll. No Travel Request or
Travel Expense Form should be completed for these meals as they are outside of the scope of
this policy.
In the event that an emergency crew must eat at an area establishment, the establishment may
direct bill the City or the crew lead worker/supervisor or department administrative assistant may
elect to pay for the purchase using a City credit card as long as the cost of the meal does not
exceed the individual per diem amount. An itemized receipt must accompany the request for
reimbursement and must include the names of all employees who received a meal.
The maximum meal allowances are intended to include the basic cost of a meal, any applicable
sales tax, and any tip or gratuity not to exceed fifteen percent (15%) of the total cost of the meal.
A $5.00 allowance for incidental expenses is included within the per diem rates for the area of
travel. Incidental expenses include fees and tips given to porters, baggage carriers, hotel and
restaurant staff, flight attendants, and others for personal services performed. For purposes of
calculating reimbursement rates, the incidentals allowance will be allocated as follows: $1.00 for
breakfast, $1.00 for lunch, and $3.00 for dinner. Per diem rates include the costs of tax and
gratuity, and no additional reimbursement is authorized in excess of per diem rates.
To be eligible for meal allowances, the employee must be in travel status (see “Travel Status”
on page 3) for the entire City-defined meal period(s). The traveler must be in travel status as
follows:
• Breakfast – at least one hour prior to the traveler’s normally scheduled shift start time.
• Lunch – one hour before and/or return one hour after the traveler’s normally scheduled
shift lunch period.
• Dinner – at least one hour after the traveler’s normally scheduled shift end time.
Note: It is not a requirement that the meal be consumed during the meal period, only that the
traveler is in official travel status for the entire meal period to qualify for per diem for that
particular meal. The employee may not stop for a meal or depart earlier/later than necessary
just to meet the meal period requirement.
Meal allowances will be reduced by the amount of any meal not related to the travel, provided
as part of the event, or paid for by the City through any other means. For these purposes, a
meal does not include a complimentary meal served on an airline, or a “continental breakfast”
which normally consists of pastries, juice, and coffee. It is expected that the traveler will use
meals included in a registration fee. However, constraints such as time, dietary restrictions
and/or other circumstances may preclude use of such prepaid meals. In such cases, the GSA
per diem rate may be reimbursed by submitting a Travel Expense Report.
Employees funded by grants must follow any reimbursement authorization/procedures pursuant
to the grant. The employee should familiarize themselves with the granting agencies
requirements and adhere closely to them.
Example 1: A traveler with a scheduled shift of 8:00 a.m. to 5:00 p.m. attends a conference in
Spokane that begins at 8:30 a.m. on Tuesday and ends at 12:00 p.m. on Wednesday.
Tuesday’s lunch is included with the registration fee. The employee leaves their home in Moses
Lake at 6:30 a.m. on Tuesday and arrives back at City Hall at 3:00 p.m. on Wednesday. The
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traveler will receive per diem for breakfast and dinner on Tuesday and breakfast and lunch on
Wednesday. (Tuesday’s lunch has already been paid for with the registration fee.)
Example 2: A traveler with a scheduled shift of 8:00 a.m. to 5:00 p.m. attends a conference in
Spokane that begins at 10:00 a.m. on Tuesday and ends at 3:00 p.m. on Wednesday. No meals
are included with the registration fee. The employee leaves their home in Moses Lake at 8:00
a.m. on Tuesday and arrives home at 5:00 p.m. on Wednesday. This traveler would receive per
diem only for lunch and dinner on Tuesday, and breakfast and lunch on Wednesday. (The
employee may not stop for dinner on the way home just to extend their travel time to qualify for
the dinner per diem.)
Miscellaneous Expenses
Telephone and FAX: Charges for telephone and FAX are eligible for reimbursement if City
business required such communication. Long distance calls submitted by the traveler for
reimbursement must be itemized on the Travel Expense Report form.
Personal calls due to emergency circumstances may be submitted for consideration of
reimbursement. A sufficient explanation must accompany the Travel Expense Report.
Laundry and Valet Service: The actual cost of laundry and/or valet service are allowable
expenses when travelers are required to be away from the City for more than six days at one
time or the conditions under which they are required to work while away from the City create a
more than normal need for such services.
Ineligible Expenses
Payment for or reimbursement of any of the following expenses is prohibited:
• Alcoholic beverages and tobacco
• Meals, lodging accommodations or any other expenses for family or guests;
• Personal telephone calls, except in emergency as stated above;
• Long distance phone calls from hotel rooms;
• Travel paid for by any other organizations;
• Tips other than for meal service;
• Mileage if traveling as a passenger in a privately owned car;
• Trip insurance;
• Any other personal expense for entertainment, personal grooming, or laundry except as
noted above;
• Room service or any in-room charges for mini-bar items, movies, etc.;
• Fines, traffic or parking tickets;
• Theft or loss of personal items while traveling
Cancellations
If travel/training is canceled, the Travel Request Form should be voided and returned to the
Finance Department as soon as possible with any advanced funds received.
When travel costs and/or registration or other fees have been paid by the City on behalf of the
employee, and the authorized staff fails, without good cause to attend the event, said staff shall
reimburse the City the amount paid by the City. Questions of good cause shall be determined by
the Finance Office
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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. The City will match up to 2% of employee
contribution to Mission Square 457 Plan.
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.
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Cancellation of Coverage: The insurance coverage end date will be subject to policy in effect
on the date of termination.
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
employees 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
An employee’s health insurance will be cancelled on the last day of the month in which the
employee worked unless the employee had worked hours of 80 in the month. In that event,
coverage will be cancelled on the last day of the following month (i.e., employee’s last day of work
is October 5th, employee’s coverage will be cancelled on October 31st; conversely, employee’s
last day of work is October 23rd and employee had 80 hours of work in the month, employee’s
coverage will be cancelled on November 30th) unless on approved FMLA, or other protected leave
or as determined by the City Manager.
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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
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.
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 logo. Safety equipment and raingear shall always remain the property of the
City and shall be returned upon termination of employment.
8.8 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.
8.9 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.
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.
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8.10 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.
In order to motivate participation, employees participating in Wellness challenges shall be
eligible for prize drawings or raffle for receipt of a gift card not exceeding $50. Employees will
be responsible to pay applicable payroll taxes on monetary incentives in accordance with
Federal or state law and the City’s financial policies.
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 an additional eight (8) hours aside from the wellness tracking by attending wellness
events sponsored by the Wellness Committee. The number of events in the year will determine
the number of hours that can be earned.
Hours earned by employees for either the Wellness Day or participation in events will be placed
in a Wellness account. Any hours unused by the employee in the year will be rolled over to the
next year. Upon termination of employment, the hours in the Wellness account will not be paid
out.
8.11 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 may supplement workers’ compensation salary
benefits by using accrued sick or other leaves to increase his/her workers’ compensation disability
payments up to an amount not to exceed his/her net pay if he/she were working his/her regular
schedule.
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It is the employee’s responsibility to inform Human Resources if he/she has received a time loss
payment from the Department of Labor and Industries (L&I).
When an employee receives Workers’ Compensation benefits, the employee is required to repay
to the City of Moses Lake the amount covered by Workers’ Compensation and previously
advanced by the City. Checks must be turned into Human Resources. This policy is to ensure
that employees will receive prompt and regular payment during periods of injury or disability as
long as accrued sick or other leave is available, while ensuring that not employee receives more
than he/she would have received had the injury not occurred. Upon the repayment of funds
advanced, the appropriate amount of pro-rated sick or other leave shall be restored to the
employee’s account.
Transitional/Light Duty work may be available for an employee that has been injured and can
return to work but is unable to do his/her job description. 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 the employee completes the City’s online Incident Report
form. A Release Authorization to Return to Work and a Transitional/Light Duty job description has
to be completed, if applicable, by the physician and returned to Human Resources before
returning to work. 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 a paid status and work or have preapproved time for all of the
scheduled workday immediately preceding and immediately following the day on which the
holiday is observed. An approved absence is all or part of the scheduled work day that has been
pre-approved for 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 leave
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
New Year's Day
Martin Luther King Jr. Day President's Day
Memorial Day Juneteenth
Independence Day
Labor Day Veteran's Day
Thanksgiving Day
Day after Thanksgiving Christmas Day
Floating Holiday(s)
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 must 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 December 31 of the current
calendar year. 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.
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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
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 accrued may not be
used during the first 90 days of employment.
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).
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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);
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.
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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
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. Sick leave payouts will be
put into a RHS account for the employee.
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.
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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:
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
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“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.
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, 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.
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Employees wishing to donate vacation leave to another employee should obtain a Voluntary
Shared Leave Donation Form from Human Resources.
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 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 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 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 apply 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 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 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 to grant an unpaid leave of absence as a reasonable accommodation
in accordance with state and federal law. See Disability Accommodation policy.
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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
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.
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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 a 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 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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Signature Certificate
Reference number: 8MTEV-TQU2K-3ZR5G-UOZUW
Document completed by all parties on:
15 Feb 2024 16:16:40 UTC
Page 1 of 1
Signer Timestamp Signature
Mayor Dustin Swartz
Email: dswartz@cityofml.com
Recipient Verification:
Sent:14 Feb 2024 18:45:52 UTC
Viewed:14 Feb 2024 18:47:04 UTC
Signed:14 Feb 2024 19:55:09 UTC
✔Email verified 14 Feb 2024 18:47:04 UTC
IP address: 74.82.240.250
Location: Mattawa, United States
Debbie Burke
Email: dburke@cityofml.com
Recipient Verification:
Sent:14 Feb 2024 18:45:52 UTC
Viewed:14 Feb 2024 18:46:19 UTC
Signed:15 Feb 2024 16:16:40 UTC
✔Email verified 15 Feb 2024 16:16:19 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
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