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2766RESOLUTION NO. 2766 A RESOLUTION SETTING PERSONNEL POLICIES , COMPENSATION, AND BENEFITS • RECITALS: 1. There is a need within the municipal service of the establishment, and promulgation of unified rules, policies, administration, compensation, and benefits to employees o City of Moses Lake for the development, and procedures pertaining to the personnel f the City of Moses Lake; and 2. It is the intent of this resolution to establish provisions and met hods of governing the personnel functions and the administration of compensation and benefits which wou operation. Id result in a more efficient governmental 3. This resolution supersedes Resolution 2750A passed by the Mo 2006. ses Lake City Council on March 28, • • RESOLVED: 1.Applicability: The provisions of this resolution apply only to regular non- department heads and the City Manager except where specifically made or where the provision involves an administrative function not subj agreements. Union employees shall be governed generally by their collect 2.Authorization to Issue Policies and Procedures: The City Manager is directed law, and in the best interests of the efficient operation of the city, to maintain ove administration of the personnel functions in the City of Moses Lake and is author procedure statements, consistent with the legislative philosophy and direction of best interest of the efficient operation of the city. 3.Disclaimer: THE CITY COUNCIL SPECIFICALLY RESERVES THE RIGHT TO REPEAL, MODIFY, OR AMEND THIS RESOLUTION AND THE CITY MANAGER IS AUTHORIZED TO REPEAL, MODIFY, OR AMEND THE APPLICABLE ADMINISTRATIVE POLICIES AND PROCEDURES AT ANY TIME, WITH OR WITHOUT NOTICE. NONE OF THESE OR OTHER ADMINISTRATIVE PROVISIONS SHALL BE DEEMED A VESTED CONTRACTUAL RIGHT NOR TO LIMIT THE CITY COUNCIL IN THE REPEAL OR MODIFICATION OF THIS RESOLUTION OR THE CITY MANAGER TO REPEAL OR MODIFICATION OF APPROPRIATE RULES AND REGULATIONS. THESE AND OTHER ADMINISTRATIVE POLICIES ARE NOT TO BE INTERPRETED AS PROMISES OF SPECIFIC TREATMENT. 4.Salaries and Wages: Salaries and wages shall be reviewed annually by the City Manage designee for all employees covered by this resolution. Salary and wage ranges for non-union empl of the City of Moses Lake shall be recommended by the City Manager to the City Council and sh in effect adopted by the City Council. Salaries and wages and wage ranges for union employees of City of Moses Lake shall be established through the collective bargaining process, ratified by the uni and approved by the City Council. A. Overtime Compensation: 1) Regular Hourly Rates: The hourly rate for employees working five (5) eight (8) hour shifts out of a seven (7) day period, determined to be Monday through Sunday inclusive, shall be computed by dividing the annual salary by 2080 hours. The hourly rate for employees working three (3) twenty-four (24) hour shifts out of a nine (9) day period shall be computed by dividing the annual salary by 2600 hours. union city employees including applicable to union personnel ect to collective bargaining ive bargaining agreements. in accordance with state rail responsibility for the ized to issue policy and the Council and in the r or his oyees all be the on, 2) Overtime Rate: The hourly rate for overtime worked shall be computed by multiplying the regular hourly rate by one and one-half (1 1/2) times. RESOLUTION 2766 PAGE 2 May 23, 2006 3) Holiday Rate: Non-exempt employees, as defined hereafter, whose work schedule requires them to work on an authorized holiday shall receive wages at the rate provided by contract or the provisions of the Municipal Administrative Code. Temporary, seasonal, and retainer employees shall not be entitled to holiday pay. B.Call Back: The city shall pay for a minimum of two (2) hours overtime and/or holiday pay when a non-exempt employee is called back to work by the Department Director or immediate super- visor during time off. C.It is the policy of the City of Moses Lake, as a matter of financial practicality and as an affirmation of public accountability, that all employees (exempt or non-exempt) will be paid only for hours actually worked, or covered by authorized and approved leave or compensatory time. 5.Exempt Employees: In conformance with the Fair Labor Standards Act (FLSA) the following positions are exempt due to their classification as executive, administrative, or professional employees: City Manager Finance Director Human Resources Director Assistant Finance Director Municipal Services Director City Engineer/Asst. Municipal Services Director Assistant City Engineer Fire Chief Assistant Fire Chief - Operations Assistant Fire Chief - Medical Services Police Chief Police Captains Community Development Director Parks and Recreation Director Public Works Superintendent Recreation Superintendent Parks Maintenance Superintendent Employees that are exempt from the overtime provisions of this personnel resolution may receive compensatory time off at the discretion of the City Manager. Non-exempt employees may receive compensatory time off at their discretion if agreed to by their department director and in accordance with the FLSA. However, in no case shall compensatory time be considered to be accruable. 6.Holidays: The City of Moses Lake will observe the following as legal holidays. • • Holiday New Years Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday I Floating Holiday II Date to be Observed January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 At employee's choice, subject to stipulations At employee's choice, subject to stipulations • A. If any such holiday falls on a Saturday, it shall be observed on the preceding Friday. If any such holiday falls on a Sunday, it shall be observed on the following Monday. An employee must work the day preceding and the day following a holiday or holiday weekend to receive holiday pay unless the employee is on authorized sick or annual leave. it RESOLUTION 2766 PAGE 3 May 23, 2006 B. Authorized holidays which occur during vacation shall not be charged against annual leave. •C. The floating holiday each calendar year will be granted in accordance with the following conditions: 1)The employee has been or is scheduled to be continuously employed by the city for more than one (1) year. 2)The floating holidays will be granted subject to the approval of the employee's supervisor. 3)The floating holidays must be taken during the entitlement calendar year. 4)If the floating holidays have not been taken prior to leaving city employment, an employee will not be paid for them. D. Temporary, seasonal, and retainer employees shall not be entitled to holiday pay. 7. Annual Leave: Annual leave for members of collective bargaining units shall be earned at the rate specified within the collective bargaining agreement. Annual leave allowance shall be earned by full-time non-union employees on a monthly basis according to the following schedule: • Years of Service Hours Pay Period Maximum Accrued 0 through 5 3.70 192.40 6 through 10 4.61 239.72 11 through 15 5.53 287.56 16 through 20 6.46 335.92 Over 20 7.38 383.76 A. The maximum accumulations allowable of annual leave will be two (2) years of earned annual leave. Annual leave for employees working standard eight (8) hour shifts will not accrue if an employee is on leave without pay, or suspension without pay for eleven (11) or more working days (88 hours) in one (1) month. C.Annual leave for employees of the Fire Department working twenty-four (24) hour shifts will not accrue if the employee is on leave without pay, or suspension without pay for one hundred twenty- three (123) hours or more during one (1) month. D.Annual leave shall not accrue on a pro-rata basis. New employees and employees terminated from city service working standard eight (8) hour shifts must work eighty-eight (88) or more hours within the month to accrue annual leave for the month. New employees and employees terminated from city service working twenty-four (24) hour shifts must work one hundred twenty- three (123) or more hours within the month to accrue annual leave. If less than the required number of hours is worked within the month, annual leave shall not accrue for new employees and employees terminated from city service. E.Temporary, seasonal, and retainer employees shall not be entitled to annual leave benefits. F. Maximum accumulation of vacation hours is equivalent to no more than fifty-two (52) pay periods of earned vacation. All vacation over this amount that is earned but not taken shall be forfeited. A department director may allow an employee to take annual leave which may be forfeited subject to the operating efficiency of the department. If and when it is offered by the city, qualified employees may direct annual leave that is about to be forfeited to be deposited into an account established for contributing to the Retiree Health Savings (RHS) Plan. • RESOLUTION 2766 PAGE 4 t May 23, 2006 G. One hundred percent (100%) of the employees accumulated annual leave will be paid as severance pay upon voluntary termination or a reduction in force after six (6) months of continuous service with the city as provided below. The city will not disburse severance pay in a lump sum to PERS I employees, except for a maximum of two hundred forty (240) hours. The severed employee will be retained on the payroll and will be provided a regular paycheck for as many eighty (80) hour pay periods as is necessary to use up the accumulation. While receiving this severance pay the employee is subject to all usual deductions, as well as being retained on medical and health insurance plans. The employee also continues to accrue vacation hours until permanently separated from the payroll. PERS I employees may choose to take a two hundred forty (240) hour lump sum payoff or stay on the payroll until the total unused vacation is absorbed. PERS II/LEOFF II employees may choose to take a lump sum payoff or stay on the payroll until unused vacation is absorbed. H. Use of Annual Leave: 1)An employee may make use of earned annual leave benefits following the completion of the first six (6) months of service with the city. Department Directors may approve the use of annual leave in the case of extraordinary circumstances. The use of earned annual leave shall be subject to the approval of the employee's department director. 2)All requests for annual leave must be approved by the department director prior to the commencement of the requested vacation. No employee will be granted unearned annual leave. 3)Annual leave requests for extended vacations, (any time in excess of 4 days) should be submitted to the department director in accordance with the operating procedures of each department. Annual leave will be granted subject to the operating needs of the city. 4)In the instance of the authorized use of a fraction of a day's vacation, the minimum charge to the annual leave account shall be one-quarter (1/4) hour. Additional employee absence after one (1) hour shall be charged to the nearest one-quarter (1/4) hour. I. When an employee is transferred to another position, any unused annual leave which may have been accumulated to the employee's credit shall continue to be available. 8. Sick Leave Benefits: A.Eligible Employees: Sick leave benefits provided by the city as set forth in this section shall apply to employees of the city, except for temporary, seasonal, and retainer employees and members of the Law Enforcement and Fire Fighters Pension Plan I as prescribed under RCW 41.26. Sick leave benefits provided by the city to members of LEOFF Plan II shall be in accordance with the sick leave provisions of this section which apply to city employees. Temporary, seasonal, and retainer employees shall not be entitled to sick leave benefits. Special sick leave benefits granted by the city to LEOFF Plan I members are set forth separately in this chapter. B.Accrual of Sick Leave: Employees working standard eight (8) hour shifts will accrue sick leave at the rate of 3.70 hours of leave for each full calendar pay period. Employees of the Fire Depart- ment, LEOFF Plan II members working twenty-four (24) hour shifts, will accrue sick leave at the rate of 5.08 hours of leave for each full pay period. C.Reimbursement of Unused Sick Leave: Unused accumulated sick leave will be paid as severance pay upon voluntary termination or a reduction in force on the following basis: 1) One hundred percent (100%) of the accumulated sick leave, to a maximum of four hundred eighty (480) hours, after thirty (30) years of continuous service; • 0 • RESOLUTION 2766 PAGE 5 May 23, 2006 2)Seventy-five percent (75%) of the accumulated sick leave, to a maximum of four hundred eighty (480) hours, after twenty (20) years of continuous service; 3)Fifty percent (50%) of the accumulated sick leave, to a maximum of four hundred eighty (480) hours, after ten (10) years of continuous service; 4)Twenty-five percent (25%) of the accumulated sick leave, to a maximum of four hundred eighty (480) hours, after five (5) years of continuous service; and 5)Ten percent (10%) of the accumulated sick leave for up to five (5) years of continuous service. D.The city will not disburse severance pay in a lump sum to PERS I employees. The severed employee will be retained on the payroll and will be provided a regular paycheck for as many eighty (80) hour pay periods as is necessary to use up the accumulation. While receiving this severance pay the employee is subject to all usual deductions, as well as being retained on medical and health insurance plans. The employee also continues to accrue sick leave hours until permanently separated from the payroll. PERS II/LEOFF II employees (including those with collective bargaining agreement provisions) employees may choose to receive a lump sum payoff or stay on the payroll until unused sick leave is absorbed. E.Members of recognized bargaining units will not receive this benefit unless provided for through collective bargaining and only as stipulated by contract. F.At the discretion of the department director each employee upon first beginning work for the city • may have immediately available for their use six (6) days of sick leave as an advance upon sick leave earned in the first six (6) months of employment. G.Sick leave for city employees working standard eight (8) hour shifts will not accrue if the employee is on leave without pay status, or suspension without pay for eleven (11) or more working days in one (1) month (88 hours). LEOFF II members of the Fire Department working twenty-four (24) hour shifts will not accrue sick leave if the employee is on leave without pay status or suspension without pay for one hundred twenty three (123) or more working hours in one (1) month. H.Use of Sick Leave: Employees eligible for sick leave with pay shall be granted such leave for the following reasons: 1)Personal illness or physical incapacity resulting from causes beyond the employee's control. 2)Caring for an ill child which means a child with a health condition that requires treatment or supervision, which means any medical condition requiring treatment or medication that the child cannot self-administer or any medical or mental condition which would endanger the child's safety or recovery without the presence of a parent or guardian or any condition warranting treatment or preventative health care such as physical, dental, optical, or immunization services when a parent must be present to authorize and when sick leave may otherwise be used for the employee's preventative health care. The child must be under 18 years of age or 18 year of age or older and incapable of self care because of a mental or physical disability in order for this usage to apply. 3)Keeping of medical, dental, or optical appointments for the employee or dependent children under eighteen (18) years of age as specified in 2. 4)Forced quarantine of the employee in accordance with community health requirements. 5)Temporary disability, which is also known as maternity disability as prescribed by a physician. If no physician's prescription is provided, then ten (10) working days shall be allowed as a temporary disability due to pregnancy or childbirth. • • May 23, 2006 6)Subject to the approval of the Department Director, an employee may use sick leave for a death in the immediate family. Immediate family shall be defined as the following relatives by blood, marriage, or adoption: spouse, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, stepbrother, stepsister, grandparents, or grandchildren of the employee or relatives of the employee's spouse in the same categories of relationships. 7)In accordance with the provisions of the Family and Medical Leave Act for personal illness or injury. 8). To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious medical condition or an emergency condition. Caring for a spouse, parent, parent- in-law, or grandparent who has a serious health condition or an emergency condition which means any illness, injury, impairment, or physical or mental condition that involves any period of incapacity or treatment connected with in-patient care (i.e. an overnight stay in a hospital, hospice, or residential medical care facility) and any period of incapacity or subsequent treatment or recovery in connection with such in-patient care of that involves continuing treatment by or under the supervision of a health care provider or a provider of health care services and which includes any period of incapacity (i.e. inability to work, attend school, or perform regular daily activities). I.Authorization to Use Sick Leave: An employee who is unable to report to work because of any reason herein set forth, shall report the reason for his or her absence to their immediate supervisor prior to the start of shift or as soon as practicable. Sick leave with pay shall not be allowed unless such a report has been made. Sick leave may be granted by the department director up to and including the second day of consecutive absence. Each application which exceeds two (2) days shall be accompanied by certification of a doctor, if requested by the department director. The employee, upon return to work, will submit a leave request form to the department director for approval. Any failure to give notice or file a physician's certificate as required herein may be cause for denial of sick leave with pay for the period of absence. J.Abuse of Sick Leave: Abuse of sick leave privileges shall be cause for disciplinary action up to and including discharge. K.Charges Against Sick Leave: In an instance of the authorized use of a fraction of a day's sick leave, the minimum charge to the sick leave account shall be one-quarter (1/4) hour. L.Bonus for Unused Sick Leave: Each employee shall receive bonus vacation time for each full year he/she works without using any sick leave or disability. Employees working standard eight (8) hour shifts will receive a bonus of eight (8) hours and employees working twenty-four (24) hour shifts will receive twenty-four (24) hours. The bonus vacation shall be added to the employee's vacation accumulation on each anniversary date of last used sick leave. (January 1, 1983 will be the initial date for computing this anniversary date.) Sick leave taken to attend a pre-arranged doctor's or dentist's appointment for periods not to exceed two (2) hours for local appointments or eight (8) hours for out-of-town appointments, shall not be considered sick leave taken within the provisions of this section. 9.Jury Duty Leave: It is the civic obligation of each employee to serve on a jury if he or she is called. While on jury duty or while appearing as a legally required witness, an employee will receive full pay from the city but the employee shall remit to the city jury fees actually received by the employee. The employee may retain fees paid for the purpose of mileage reimbursement. The employee may be required to return to work on any day in which he or she is released from jury duty so that he or she could reasonably complete one half of their regular work shift. 10.Military Leave: Any officer or employee of the city who is a member of the State National Guard or Federal Reserve Military Unit shall be entitled to be absent from his or her duties with the city with full pay for up to fifteen (15) consecutive calendar days during each calendar year (using an October 1 to RESOLUTION 2766 PAGE 6 Adopted by the City Council on May 23, 2006 LIL.A.fUJ Ronald C. Covey, Mayor •ATTEST' ald R. Cone, finance Director RESOLUTION 2766 PAGE 7 May 23, 2006 September 30 year) while engaging in the performance of officially ordered military duty and while going •to or returning from such duty in accordance with the laws of the State of Washington (RCW 38.40.060). Such leaves shall be in addition to any other leave or vacation benefits. 11. Group Hospital and Medical Insurance: Each full time regular employee shall be a participant in a group hospital and medical insurance plan and shall be provided with dental and optical coverage as provided by the City of Moses Lake. 12. Reimbursement of Business or Travel Expenses: All expenditures reported must be necessary and reasonable and incurred in the conduct of the business of the city. All bills for reimbursement for expenditures made on business trips shall be itemized on forms provided by the city and paid as follows and shall also apply to all union employees: A.Expenses for travel which are lawfully incurred shall be reimbursed at actual fare if by common carrier and $0.48 per mile if by private auto. B.Expenses such as hotel, auto rental, air travel, etc. must be supported by receipts. Air travel shall be based on tourist rates. C.Receipts will not be required for miscellaneous expenses of a minor nature. D.All other expenses - actual expenditures if deemed reasonable and supported by receipts. E.Employees may, when properly authorized, be reimbursed for the cost of meals incurred within the city or at other normal areas of employment while they are conferring, consulting, or otherwise meeting with specialists, technicians, executives, city officers, or others for purposes generally associated with the official duties of such city personnel. F.Whenever an employee travels with members of their families, the reimbursable lodging rate shall be the single room rate. G.Reimbursement for employee recruitment - the travel and subsistence expenses of applicants for department director positions, requested to come to the city for interviews to fill positions in the city that require special experience and training, will be reimbursed in accordance with the allowance authorized by the City Manager. H.The cost of moving the household goods and personal effects of a new City Manager or department director will be paid in accordance with the allowance authorized by the City Council or City Manager. If the new appointee remains in the position for less than twenty-four (24) months, the relocation expenses will be paid back to the City of Moses Lake by the employee on a pro-rated basis as determined by the City Council or City Manager. 13. Savings Clause: If any provision of this resolution shall be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance or enforcement of any provision should be restrained by such tribunal pending a final determination as to its validity, the remainder of this resolution shall not be held invalid and will remain in full force and effect. • • • •