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1025u RESOLUTION NO.1025 A RESOLUTION REPEALING RESOLUTION NO.704,ENTITLED "A RESOLUTION ESTABLISHING POSITIONS OF EMPLOYMENT, VACATION LEAVE,SICK LEAVE,OVERTIME,AND OTHER CON DITIONS OF EMPLOYMENT WITHIN THE CITY OF MOSES LAKE," AND SUBSEQUENT AMENDMENTS THERETO,INCLUDING RESOLUTION 919,IN THEIR ENTIRETY AND ENACTING THIS RESOLUTION ENTITLED "PERSONNEL POLICIES,COMPENSATION,AND BENEFITS". WHEREAS,there is a need within the municipal service of the City of Moses Lake for the establishment of unified rules governing the conditions of employment and regulations pertaining to benefits provided to employees of the City of Moses Lake; and WHEREAS,it is the intent of this Resolution to establish provisions governing the personnel functions and other conditions of employment which would result in a more efficient governmental operation: NOW,THEREFORE,BE it resolved by the City Council of the City of Moses Lake, Washington,as follows: Section 1.Applicability:The provisions of this resolution apply only to non union city employees including department heads and the City Manager except where specifically made applicable to union personnel or where the provision involves an administrative function not subject to collective bargaining agreements.Union employees shall be governed by their collective bargaining agreements. Section 2.Pay Plan Appointee Compensation The salary established for a position shall represent the total remu neration for an employee occupying the position except for fringe benefits,official travel,and other approved expenses.Upon initial appointment to a position,the employee shall normally receive the minimum salary for the class to which the position is allocated; however,the City Manager,with Council approval,may cause the ap pointment to be made at a salary step above the minimum when extenuat ing circumstances exist. Pay Period Employees are to be paid in a manner prescribed by the City Manager and in accordance with the best interests of the City of Moses Lake. New and terminated monthly employees working less than a calendar month will be paid at a rate per hour determined by dividing the annual salary by 2080 hours for the actual day or hours worked.Eight hours shall constitute one day,and in no instance will more than the monthly rate be provided except for overtime payments.Permanent monthly employees,after the probationary period is completed,who have used all accumulated sick leave and vacation leave be on leave without pay for any additional time off. Salaries and Wages Salaries and wages shall be reviewed annually by the Office of the City Manager for all employees covered by this resolution. Salaries and wages for non-union employees of the City of Moses Lake shall be as established by the City Manager and as adopted by the City Council.Salaries for union employees of the City of Moses Lake shall be established through the collective bargaining process and as rati fied by the union and approved by the City Council. A.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 divid ing 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 2912 hours. B.Overtime Rate:The hourly rate for overtime worked shall be computed by multiplying the regular hourly rate by one and one- half times. C.Holiday Rate:Non-exempt employees,as defined hereafter,whose work schedule requires them to work on an authorized holiday shall receive wages at the double-time rate (straight-time pay in addi tion to regular pay). Temporary,seasonal,and retainer employees shall not be entitled to holiday pay. Call Back The city shall pay for a minimum of one (1)hour of overtime and/or holiday pay when an employee is called back to work by the department director or immediate supervisor during time off. Overtime Compensation Upon the approval of the department director,overtime shall be paid for each hour worked in excess of one-quarter (%)hour worked beyond the normal forty (40)hours of work in a seven (7)day period for employees working standard eight (8)hour shifts;and,for each hour worked in excess of one-quarter (%)hour worked beyond the normal 56 hours of work scheduled for employees of the Fire Department working three (3)twenty-four (24)hour shifts over a nine (9)consecutive day period.The employee shall receive overtime pay to the nearest quarter r—\ hour.i An employee shall not receive overtime pay if more than 40 hours in a seven (7)day period are worked when the hours worked over 40 hours were because of a change in the employees shift schedule;nor,will there be any reduction of salary if less than forty (40)hours are worked in a seven (7)day period because of a change in the employees shift schedule. Overtime earned or reported after the payroll cut off date will appear on the following month's pay check. Exempt Employees The following positions are exempt from collective bargaining agree ments and overtime compensation provisions contained in these person nel rules,policies, and practices:City Manager,Assistant to the City Manager (Administrative Assistant),Finance Director,Data Pro cessing Director,Fire Chief,Police Chief,Public Works Director, Parks and Recreation Director,Community Development Director,City Attorney,Assistant Fire Chief,Assistant Parks and Recreation Direc tor,Police Lieutenant,Assistant Public Works Director,Public Works Superintendent,or any other personnel designated by the City Manager. Employees that are exempt from the overtime provisions of this person nel resolution may receive compensatory time off at the discretion of the City Manager.However,in no case shall compensatory time be considered to be accruable. n n Section 3.Holidays A.The following days shall be considered as holidays for all non union employees.Union employees will be governed by their cur rent union contract. Holiday Date To Be Observed New Years Day January 1 Lincoln's Birthday February 12 Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Fourth Friday in November Christmas Day December 25 Floating Holiday At employee's choice,subject to stipula tions below B.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 preceeding and the day following a holiday or holiday weekend to receive holiday pay unless the employee is on author ized sick or annual leave. C.Authorized holidays which occur during vacation shall not be charged against annual leave. D.The floating holiday each calendar year will be granted in accord ance with the following conditions: 1.The employee has been or is scheduled to be continuously em ployed by the city for more than one year. 2.The employee has given 14 days notice prior to the requested one day floating holiday. 3.The floating holiday will be granted subject to the approval of the employees supervisor. 4.The personal holiday must be taken during the entitlement calendar year. 5.If the personal holiday has not been taken prior to leaving city employment,an employee will not be paid for it. Section 4. Annual Leave Annual leave for members of collective bargaining units shall be earned at the rate specified within the collective bargaining agree ment.Annual leave allowance shall be earned by permanent non-union employees on a monthly basis according to the following schedule: 0 through 5 years of 8 hours per month -192 hours maximum service (24 days) 6 through 10 years of 10 hours per month -240 hours maximum service (30 days) 11 through 20 years of 12 hours per month -288 hours maximum service (36 days) LJ Over 20 years of service 14 hours per month -336 hours maximum (42 days) The maximum accumulations allowable of annual leave will be two years of earned annual leave. Annual leave for employees working standard 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 month. Annual leave for employees of the Fire Department working 24 hour shifts will not accrue if the employee is on leave without pay or suspension without pay for 123 hours or more during one month. 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 88 or more hours within the month to accrue annual leave for the month.New employees and employees terminated from city service working 24 hour shifts (the Detroit 56)must work 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. Temporary,seasonal,and retainer employees shall not be entitled to annual leave benefits. Forfeiture of Annual Leave Any annual leave earned which would exceed the maximum allowable shall be forfeited by the employee.Each department director may allow an employee to take annual leave which would be invalidated by virtue of the accumulation beyond the maximum subject to the operating efficiency of the city. Reimbursement of Unused Annual Leave One hundred percent (100%)of the employees accumulated annual leave will be paid as severance pay upon voluntary termination or a reduc tion in force after six (6)months of continuous service with the city. Use of Annual Leave An employee may make use of earned annual leave benefits following the completion of the first six months of service with the city.The use of earned annual leave shall be subject to the approval of the employ ees department director. 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. 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. In the instance of the authorized use of a fraction of a day's vaca tion,the minimum charge to the annual leave account shall be one (1) hour.Additional employee absence after one hour shall be charged to the nearest full hour. Transfer 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. P"\ u S^ Section 5.Sick Leave Benefits 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 non-uniformed employees.Temporary,seasonal,and retainer employ ees 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. Accrual of Sick leave Employees working standard eight (8)hours shifts will accrue sick leave at the rate of eight (8)hours of leave for each full calendar month of employee service or h fraction thereof.Employees of the Fire Department,LEOFF Plan II members,working 24 hour shifts (the Detroit 56)will accrue sick leave at the rate of 11 hours of leave for each full calendar month of service. Reimbursement of Unused Sick Leave Unused accumulated sick leave will be paid as severence pay upon voluntary termination or a reduction in force on the following basis: A.One hundred percent (100%)to a maximum of 480 hours,after thirty (30)years of continuous service; B.Seventy-five percent (75%)to a maximum of 480 hours,after twenty (20)years of continuous service; j C.Fifty percent (50%)after ten (10)years of continuous service; O D.Twenty-five percent (25%)after five (5)years of continuous service;and E.Ten percent (10%)for up to five (5)years of continuous service. Members of recognized bargaining units will not receive this benefit unless provided for through collective bargaining and so stipulated by contract. 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. 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 11 or more working days in one month (88 hours).LEOFF II members of the Fire Department working 24 hour shifts will not accrue sick leave if the employee is on leave without pay status,or suspension without pay,for 123 or more workinq hours in one month. Use of Sick Leave Employees eligible for sick leave with pay shall be granted such leave for the following reasons: A.Personal illness or physical incapacity resulting from causes beyond the employees control. B.Employee keeping medical,dental,or optical appointments.. C.Forced guarantine of the employee in accordance with community health requirements. D.Employee disability due to pregnancy or childbirth. E.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 i—v blood,marriage,or adoption:spouse,father,mother,stepfather, stepmother,son,daughter,stepson,stepdaughter,brother,sister,I \ stepbrother,stepsister,grandparents,or grandchildren of the " employee or relatives of the employee's spouse in the same categ ories of relationship. 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. Abuse of Sick Leave Abuse of sick leave privileges shall be cause for disciplinary action up to and including dismissal. Charges to 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 hour. Additional employee absence after one hour shall be charged to the nearest full hour. Transfer When an employee is transferred to another position,any unused sick leave which may have accumulated to the employees credit shall con tinue to be available for the employees use. LEOFF Plan I Members Each Fire Department member working the Detroit 56 schedule will be granted by the city six (6),twenty-four (24)hour,non-accruing shifts (144 hours)of sick leave per calendar year.Each Police and Fire Department member working standard hours (8 hour shifts)will be granted by the city twelve (12)non-accruing days (96 hours)of sick leave per calendar year.Sick leave granted by the city to members of LEOFF Plan I members will not carry over and accumulate to the follow ing year.LEOFF Plan I members shall not receive compensation as severance pay for unused sick leave. Sick leave taken under these provisions will be submitted on the city "Leave Request"form through the department director the day the employee returns to work.If,during the course of the calendar year, all twelve (12)days (96 hours)or six (6)shifts (144 hours)are used,additional sick leave will be applied for and if approved,will be charged to disability leave as provided in RCW 41.26.120.If disapproved,additional sick time will be charged to annual leave or taken as leave without pay. n If,during the existence of the provided sick leave or remainder thereof,an absence as defined in Section 4 (Use of Sick Leave - paragraphs A,B,and D)is subsequently extended and approved of as a disability leave according to the provisions of RCW 41.26.120,city sick leave charged to an employee will be recredited and available for use. Section 6.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. Section 7.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 16 consecutive calendar days during each calendar 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. Section 8.Group Hospital and Medical Insurance Each full time permanent employee shall be a participant in the group hospital and medical insurance plan adopted by the City of Moses Lake. Section 9.Reimbursement of Business or Travel Expenses All expenditures reported must be necessary and reasonable and incur red in the conduct of the business of the city.All bills for reim bursement 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 reim bursed at actual fare if by common carrier and $0.25 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.The total reimbursable expense for both lodging and meals shall not exceed sixty dollars ($60)per day,except when approved by the City Manager in advance. E.All other expenses -actual expenditures if deemed reasonable and supported by receipts. F.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 offical duties of such city personnel. G.Whenever an employee travels with members of their families,the reimbursable lodging rate shall be the single room rate. H.Reimbursement for employee recruitment -the travel and subsis tence 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. 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. Section 10.Savings Clause If any provision of this Resolution shall be held invalid by operation of law or by any tribunal of competent jurisdiction or of 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. Section 11.Repealing Conflicting Resolutions Resolutions 704,764,and 919 and any other Resolutions that conflict with the provisions of this Resolution are hereby repealed. PASSED by the City Council of the City of Moses Lake,Washington,and APPROVED by its Mayor this 8th day of July 1980. JL^cMj^ ATTEST:O