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516, RESOLUTION NO.515 *T*/^ A RESOLUTION ESTABLISHING POSITIONS OF EMPLOYMENT , VACATION LEAVE,SICK LEAVE,OVERTIME,COMPENSATORY TIME AND OTHER CONDITIONS OF EMPLOYMENT WITHIN THE CITY OF MOSES LAKE, WHEREAS,there is a need within the municipal service of the City of Moses Lake for the establishment of unified rules governing the condition of employment and regulations pertaining to benefit provided to employees of the City of Moses Lake; and WHEREAS,it is the intent of this Resolution to establish positions of employment, vacation leave,sick leave and other conditions of employment which should result in a more efficient governmental operation: NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE AS FOLLOWS: SECTION 1.Classes of Employees . a.Temporary,seasonal,or retainer employees shall consist of all employees who are not required in the performance of their duties to work at least five eight hour shifts out of seven days or employees who are employed on a temporary or seasonal basis . b.Full time employees shall be all employees employed on a permanent basis whose work schedule requires at least the performance of five eight hour shifts out of a seven day period or three twenty-four hour shifts out of an eight day period. SECTION 2 .Administrative Staff. The Administrative Staff of the City Manager shall consist of Department Heads, Assistant Department Heads,Heads of Divisions,Administrative Secretary and Secretaries to Department or Division Heads.In addition thereto,the City Manager may designate other employees who perform Administrative functions as members of the Administrative Staff. SECTION 3 .Bargaining Unit. The City of Moses Lake recognizes the right of the employees to establish a bargaining unit for the purposes of collectively negotiating wage and working conditions.Pro vision of any bargaining agreement may modify sections of this Resolution without re pealing any other section of this Resolution. SECTION 4.Assignment of Position Title and Increment Steps. The following job titles shall be used in the assignment or reassignment of individuals on the payroll of the City of Moses Lake,Advancement through the increment steps assigned to the position shall be subject to good behavior,improved level of performance of work and the availability of funds . a .Temporary,Seasonal or Retainer Employees: Position Title : City Attorney Police Judge Civil Service Examiner Temporary Employee Seasonal Employee Museum Curator Increment Steps Assigned: None None None None None None w b.Full-Time Employees: Administrative: City Manager Finance Director Planning Director Asst.Finance Director Accountant Deputy Clerk Treasurer Planning Technician I Planning Technician II Administrative Secretary Clerical: Secretary-Clerk I Secretary-Clerk II Records Clerk I Records Clerk II Records Clerk III Public Works &Engineering Director of Public Works City Engineer Asst.City Engineer Public Works Superintendent Office Engineer Engineering Technician I Engineering Technician II Engineering Technician III Public Safety Police Chief Lieutenant Sergeant Patrolman Fire Chief Assistant Chief Captain Lieutenant Fireman Park &Recreation Park &Recreation Director Asst.Park &Recreation Director Trades Public Works Foreman Park Foreman Equipment Foreman Sewage Treat.Plant Operator I Sewage Treat.Plant Operator II Sewage Treat.Plant Operator III Maintenance Man Heavy Equipment Operator •Equipment Maintenance Man Grounds keeper Laborer Custodian Meter Reader o Increment Steps Assigned: As Set By Council. Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B C D C C C C C C C C C C C C C D C D C D C C C C C Increment Steps Assigned: Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B C D C C C C C C C C C C C C C C C C Miscellaneous Increment Steps Assigned Personnel Director Entry A B C Purchasing Agent Entry A B C Airport Manager Entry A B C Animal Control Officer Entry A B C Police Radio Dispatcher Entry A B C Fire Radio Dispatcher Entry A B C Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Entry A B Parking Meter Officers Entry A B C Fire Inspector Entry A B C Police Stenographer Entry A B C Building Inspector Entry ABC Sanitation Inspector Entry A B C Assignment to positions of employees of the City of Moses Lake shall be made upon the recommendation of the Department Head and the approval of the City Manager.An employee may be assigned to one or more of the positions listed. SECTION 5 .Salaries &Wages. a.Base Salaries .The monthly salaries of the employees for each position shall be established annually upon the recommendation of the City Manager and approval by City Council. b.Regular Hourly Rates.The hourly rate of employee working five (5) eight (8)hour shifts out of a seven (7)day period shall be computed by dividing the annual salary by 2080 hours.The hourly rate of em ployees working three (3)twenty-four (24)hour shifts out of an eight (8)day period shall be computed by dividing the annual salary by 3276 hours. c.Overtime Rate.The hourly rate for overtime worked shall be computed by multiplying the regular hourly rate by one and one half times. d.Holiday Rate.The hourly rate for holiday pay shall be the same as established for regular hourly rate. SECTION 6 .Beginning Rates. A new employee of the City of Moses Lake shall be paid the rate shown as Entry in the increment schedule allocated to the position of employment for which he or she has been hired,except that on the request of the Department Head,under whom the employee will serve and with the authorization of the City Manager,such new employee may be placed in a higher step provided that such employee shall be assigned such salary step upon initial employment and such assignment having once been made shall remain in effect until the said employee shall be eligible to advance to the next salary in accordance with the provisions of this Resolution. SECTION 7.Advancement Within Position. Upon completion of twelve consecutive months of employment,an employee may ,if his level of performance has increased and upon the recommendation of the Department Head and approval of the City Manager,be advanced within the schedule's increment steps as provided,subject to availability of funds. When an officer or employee is promoted to a position in a higher salary,he or she shall be assigned to step "A"in the appropriate schedule for the higher position: Provided,however,that if such officer of employee is already being paid at a rate equal to or higher than step "A",he or she shall be placed in the lowest step in the appropriate salary schedule for the position to which assigned as will grant an increase. SECTION 8.Reduction in Salary Steps. Any officer or employee who is being paid on a salary step higher than step "A"may be' reduced by one or more steps,but not lower than step "Entry"of the appropriate salary schedule,upon the recommendation of the head of the department in which he or she is employed and the approval of the City Manager. j SECTION 9.Demotion. When an officer or employee is demoted to a position at a lower salary,his or her salary rate shall be fixed in the appropriate salary schedule for the lower position in accordance with the following provisions: a.The new salary rate shall be reduced by at least one step. b.The new salary rate must be within the appropriate salary schedule. c.The new salary rate cannot be higher than the salary step to which the officer or employee would have been entitled had his service time in a higher position been spent in the lower position. d.If the salary rate recommended by the Head of the Department is lower than the maximum step permissible,such recommendation shall be con sidered a reduction in pay,in addition to the demotion. SECTION 10.Reallocation of Position. Any officer or employee who is employed in a position and is reassigned to a different positi'cn from that previously assigned,may be retained upon recommendation of Department Head and approval of City Manager in the same salary step in the new schedule as he or she had previously held in the prior and retain credit for length of service in such step toward advancement in the next higher step. SECTION 11.Series . A lapse of service of an officer or employee for a period of time longer than thirty (30) days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such officer or employee for the purpose of this Resolution, and any such officer or employee re-entering the service of the City of Moses Lake shall be considered as a new officer or employee. • SECTION 12 .Education Incentive Pay . Members of the Law Enforcement and Firefighters Pension System,except Police Chief, Lieutenant,Fire Chief and Assistant Fire Chief,shall receive premium pay over and above their base pay upon completion of the following provisions: a.Two and one half (2i)percent upon attainment of-45 credit hours toward an applied arts degree in the field of employment as offered by Big Bend Community College. b.Two and one half (2 J) percent upon completion of two years of academic college credits in the social science field. c.Five (5%)percent upon attainment of Applied Arts Degree in the field of employment as offered b.y the Big Bend Community College. SECTION 13.Standard Work Week For the purpose of receiving benefit as provided herein,an employee must have com pleted twelve (12)consecutive months of employment.All full-time regular employees' work schedules shall consist of five (5)eight (8)hour shifts out of a seven (7)day period,except the following Fire Department personnel:Captains,Lieutenants and Firemen whose regular work schedule shall consist of (3)twenty-four (24)hour shifts out of an eight#(8)day period. U SECTION 14.Personnel Records. All personnel records shall be maintained in the central accounting section of the Finance Department.No Department shall maintain any separate personnel records.Regular hours worked,overtime hours worked,vacations,sick leave and compensatory time taken shall be reported to the Finance Department daily on such forms as prescribed by the Finance Director.Failure to properly report time worked on the day worked may be cause for the loss of any overtime or compensatory time earned on that day.Rules •for authorizing and reporting shall be established by City Manager. 4 SECTION 15.Pay Period . Employees of the City of Moses Lake shall be paid on a monthly basis.The accounting period for hours worked shall run from the 25th to the 25th inclusive of each month;all hourly employees will be paid on this basis.Payroll warrants shall be delivered to each Department on the last working day of the month or as soon thereafter as possible. if SECTION 1G.Vacation Each Department Head,ir.der to provide for the vacation periods of the employee, shall prepare a vacation schedule which will meet the requirements of his Department and will allow the employee to schedule his vacation period.Vacation leave shall be taken by an employee upon the approval of the Department Head and City Manager. Each employee who is classified as a permanent City employee and who has been em ployed twelve consecutive months or more shall bo entitled to an annual vacation. Vacation time for all employees,except Fire Department personnel whose normal work schedule is three (3)twenty-four (24)hour shifts out. of an eight (8)day period, shall be earned at the rate of eight (8)hours per month through the fifth (5)year of employment,ten (10)hours per month beginning the sixth (6)year and through the tenth (10)year of employment, twelve (12)hours per month beginning the eleventh (11) year and thereafter.The maximum accumulation allowable will be one hundred and ninety-two (192)hours.Fire Department personnel whose work schedule is three (3) twenty-four (24)hour shifts out of an eight (8)day period,shall earn vacation at the rate of twelve (12)hours per month through the fifth (5)year of employment,'fifteen (15)hours per month beginning the sixth (6)year through the tenth (10)year of employ ment and eighteen (18)hours per month beginning the eleventh (11)year and thereafter. The maximum accumulation allowable will be two hundred and eighty-eight (288)hours. Any vacation earned vfcich would exceed the maximum allowable shall be forfeited by the employee.Each Department Head must allow an employee to take vacation leave which otherwise would be invalidated by virtue of the accumulation beyond the maximum.When an employee is transfered to another position,any unused vacation leave which may have accumulated to his credit shall continue to be available for his use. Any employee may be granted vacation by the Department Head after'six months of employment not to exceed one half (2)of the employee's annual accumulation.If the employee is terminated prior to completing twelve (12)consecutive months of employment,the employee's terminating check shall bo adjusted by the amount of vacation taken under this provision.Temporary,seasonal and retainer employees shall not be entitled to vacation benefits. |SECTION 17.Sick Leave Benefits. Employees of the City of Moses Lake,excepting members of the Law Enforcement and Firefighter Pension as prescribed under RCW 41 .26,shall'accrue sick leave at the rate of eight (8)hours of leave for each full calendar month of employees'service. Sick leave may be accumulated to a maximum of nine hundred and sixty (96 0)working hours.Members of the Law Enforcement and Firefighter Pension System shall receive sick leave benefits as provided under RCW 41.26.150 and will not accrue sick leave as provided herein. Temporary,seasonal and retainer employees shall not be entitled to sick leave benefits When the City is required by State Law to continue the salary of an employee because of sickness or disability,the sick leave benefits accumulated hereunder shall ran con currently with the requirements of the State Law. Each regular employee,upon first beginning work for the City shall have immediately available for his use,six (6)days sick leave as an "advance"upon sick leave earned in the first six months.If employment is terminated and as a result of such initial advance,the employee has taken sick leave beyond that earned,his terminating salary shall be adjusted accordingly. An employee .eligible for sick leave with pay shall be granted such leave for the follow- I ing reasons: a.Personal illness or physical incapacity resulting from causes beyond employee's control. b. Forced quarantine of employee in accordance with community health requirements. c.Such leave shall not be used for pregnancy,pre-natal care,nor complication immediately arising from pregnancy.^ u Sick leave may be granted by the Department Head up to and including the second day of consecutive absence.Each application which exceeds two (2)days shall be ac companied by certification of a doctor,if requested by the Department Head.A report of sick leave used shall be prepared for the City Manager at the end of each month. 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. When an employee is transferred to another position,any unused sick leave which may have accumulated to his credit shall continue to be available for his use.If the City is required to provide any benefits other than time loss,a proof of submission of medical claim to the Insurance Carrier and amount paid by Insurance Company must be supplied to the Finance Department prior to any payment being made by the City. Any rules or regulations established by a Disability Board must be complied with. SECTION 18.Serious Illness &Death Benefit. The City Manager may upon request of the employee,grant leave with pay,not to ex ceed five days for the following reasons: Severe illness of spouse,father,mother,foster parent,brother,sister,child, foster child,grandparents or grandchildren of employee or relatives of the spouse of the employee in the same categories of relationship. SECTION 19.Overtime Allowance. Employees who are in any of the listed positions whose standard work schedule requires forty (40)hours of work in a seven day period shall receive overtime pay as provided for any work in excess of eight (8)hours per day or in excess of forty (40)hours during a seven consecutive day period.The following shall be the positions which shall re ceive overtime allowance under this provision:Engineering technicians,foremen,sewage treatment plant operators,meter readers,po?ice sergeants,police patrolmen,maintenance men,laborers,animal control officers,police radio dispatchers,and parking meter officers. Employees of the Fire Department whose normal work schedule requires three (3) twenty-four(24)hour shifts over an eight (8)consecutive day period shall receive over time allowance under this provision:Fire Captains,Fire Lieutenants and Firemen. When the Fire Inspector responds to an emergency alert during his off-duty time,he shall receive overtime allowance computed in the same manner as for a Fireman. An employee who is eligible for overtime allowance shall not receive overtime pay if he works more than forty (40)hours in a seven (7)day period when the hours worked over forty (40)were because of a change in his shift schedule,nor will there be any deduction of salary if less than forty (40)hours worked in a seven day period because of a change in his shift schedule. Time spent by an employee at or traveling to or from any City Legislative or Advisory Board meeting,training session,school or employee meeting,shall not be eligible for overtime. Overtime pay will commence when an employee is required by his Department Head to extend his work shift beyond eight (8)hours by an excess of one-quarter (i)hour. Said employee,when so required,shall receive a minimum of one-half (i) hour over time credit.If the employee is required to stay in excess of one-half (i)hour,over time pay will be computed to the nearest one-half (i)hour. A minimum of one (1)hour overtime shall be paid when an employee is called back to work by his Department Head during his scheduled time off.If he is required to work in excess of one (1)hour,overtime pay will be computed to the nearest one-half (ij hour worked.Accumulated overtime may be used as time .off,when authorized by the Department Head,on the basis of an equal amount of time off as worked on over time.Any overtime not used as time off shall be paid to the employee as of March 31, June 30,September 30 and December 31. SECTION 20.Compensatory Time. Employees who are in any of the listed positions shall receive time off,when authorized by the Department Head,on the basis of equal amount of time off as worked on overtime. The following shall be the positions which shall receive compensatory time off under this provision:Secretary-Clerks,Record-Clerks. h r"\ Compensatory time will commence when an employee is required by his Department Head to extend his work shift beyond eight (8)hours by an excess.of one-quarter (a) hour.Said employee,when so required,shall receive a minimum of one-half (2)hour compensatory time.If the employee is required to stay in excess of one-half (2)hour. A minimum of one (1)hour compensatory time shall be allowed when an employee is called back to work by his Department Head during his scheduled time off.If he is required to work in excess of one (1)hour,he shall receive compensatory time to the nearest one half (i)hour worked. Time spent by an employee at or travel to or from any City Legislative or Advisory Board meeting,training sessions,schools or employee meetings,shall not be eligible for compensatory time. SECTION 21.Holidays. The following days shall be considered as holidays:New Years Day (January 1), Washington's Birthday (third Monday in February),Memorial Day (last Monday in May),Independence Day (July 4),Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November),Friday following Thanksgiving Day, Christmas Day (December 25)and Biennial State Election.Day (even numbered years). No salary reduction shall be made for any employee who does not work on one of the above listed holidays. Employees working five (5)eight (8)hour shifts out of a seven (7)day period shall observe the following day when one of the listed holidays occurs on the second day of the employee's two consecutive scheduled days off.If one of the.listed holidays occurs on the first day of the employee's two consecutive scheduled days off,no other day will be observed.Employee working three (3)twenty-four (24)hour shifts out of an eight (8)day period shall observe the following day when one of the listed holidays occurs on the third day of the employee's three consecutive days off.If one of the listed holidays occurs on the first or second day of the employee's three consecutive scheduled days off,no other day will be observed. The listed employees whose regular work schedule requires them to work on any of the listed holidays shall receive additional wages as provided.The following em ployees shall receive holiday pay as provided under this provision:Police Sergeant, Police Patrolman,Fire Captain,Fire Lieutenant,Firemen and Sewage Treatment Plant Operators. SECTION 22 .Group Hospital &Medical Aid 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 with the City to pay em ployee's participation.Any cost for employee's dependents who may wish to partici pate in the plan shall be paid by the employee. SECTION 23.Civil Leave . Any necessary leave may be allowed by the Head of the Department to permit any employee to serve as a member of the jury or to exercise his other civil duties.Each employee who is granted such leave and who for the performance of the civil duties receives any compensation,shall pay compensation received to the City,exclusive of mileage.The City shall have the right to adjust employee's salary paid during the period of civil leave \>y any compensation received by the employee and not remitted to the City. M SECTION 24.Military Leave . Employees of the City of Moses Lake shall be granted military leave as prescribed under RCW 38.40.060. SECTION 25 .Authorized Leave Without Pay. •Leave of absence without pay may be granted upon recommendation of the Department Head and approval of the City Manager,due to temporary lack of work within the Department,for prolonged illness,maternity,extended travel,or personal business, such as the settling of an estate. 7 u SECTION 25 .Authorized Leave Without Pay. Leave of absence without pay shall not eliminate the accumulated length of service time of the employee for the purpose of this Resolution.Such leave may not be used to protect an employee's leave with the City while he tries another job or undertakes a business venture.Sick leave and vacation accumulation shall not be available during the time absent from work. SECTION 26 .Termination of Employment. Each employee whose service is terminated will be allowed pay for any vacation earned and not taken;provided,said employee has given at least two weeks written notice of termination to his Department Head.If any employee shall tender his resignation without adequate time of notification or is discharged for cause,he shall automatically \(forfeit his vacation pay accumulated since his last anniversary date.Upon termination of employment,any salary that is due,either for work or for accrued vacation,shall be paid at the next regular pay period of the City:Except that if the employee is dis charged for cause at the option of the City,he shall receive any monies due him within twenty-four (24)hours from the time of his dismissal.Upon termination of employment, all sick leave accumulation shall be forfeited. SECTION 27,Regulation of Outside Employment. As a general rule,the City does not favor its employees holding jobs with other employers and working for the City at the same time.If outside work contributes to reduced effectiveness on the job,an employee will be given the alternative of terminating this work or his City's employment.Each employee is expected to see that his outside employment is covered by Workman's compensation.No sick leave with pay or msdical expenses will be allowed for injuries incurred while working for other employers.No employee,shall hold a job with an outside employer without first having secured written approval from his Department Head and from the City Manager. • City employees may not carry on concurrently with their public service,any private business or undertaking,attention to which affects the time or quality of their work, or which casts discredit upon or creates embarrassment for the City Government. SECTION 28.Employment of Relatives . No person shall be eligible for employment if he is a relative of any elected official, Department Head or Division Head of the City of Moses Lake. SECTION 29.Regulation of Political Activities . An employee shall refrain from taking an active part in any political activity that will interfere or create any obligation incompatible with his employment.Contributions shall not be solicited from City employees in cash or otherwise for any political party * or for the purpose of promoting or sponsoring legislation or any other political activity. No employee in City service shall continue in such position after filing as a candidate for nomination or election to any elective Federal,State,County or City Public Office. SECTION 3 0.Regulation of Gifts . Employees are not permitted to receive any personal gifts, tips, or special monetary favors whatsoever. SECTION 31.Control of Conference 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 and paid as follows: a.Transportation - actual fare if by common carrier; $.10 per mile if by private car.. b.All other expenses -actual expenditures. c.Employees may,when properly authorized,be reimbursed for the cost of meals incurred within the City or at other normal areas of employ ment while theyare conferring,consulting, or otherwise meeting with specialists,technicians,executives or others for purposes generally associated with the routine official duties of such City personnel. )i SECTION 32 .Uniform Allowance. The City of Moses Lake will provide a uniform to all employees who are required to wear a specified uniform during-the performance of their duties.The uniform is con sidered to be that clothing which the City requires an employee to wear on duty,ex clusive of footwear.In lieu of providing uniforms to said employees,the City may have fUe option of providing an allowance to said employees as recommended by the City Manager and approved by the City Council. SECTION 33 .Compulsory Retirement. Each employee is subject to compulsory retirement when he attains age 65.Retirement may be deferred one year at a time by majority action of the City Council and entering a finding upon the Council Minutes that the employee is physically fit and that his continued employment is desirable for proper operation of that department. SECTION 34.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. SECTION 35 .Repealing Conflicting Resolutions. Resolution Number 2 01 and any other Resolutions that conflict with the provisions of this Resolution are hereby repealed. PASSED by the City Council and APPROVED by its Mayor this ^day of February /1971 , ATTEST: CITY CLERK I APPROVED AS TO FORM: CITY ATTORNEY \.JfL. MAYOR 0