LACEY MUNICIPAL CODE
A
Codification of the General Ordinances of the City of Lacey, Washington
Title
2: ADMINISTRATION AND PERSONNEL
Chapter 2.56
PERSONNEL POLICY
[1]
Sections:
2.56.010 Definitions
2.56.020 Composition of the compensation plan
2.56.030 Development and maintenance of salary grades.
2.56.040 Salary steps
2.56.050 Transfers--Promotions--Demotions and reinstatement.
2.56.060 Suspension without pay
2.56.070 Probation
2.56.080 Discharge
2.56.090 Normal work week
2.56.100 Overtime, stand-by time and shift changes
2.56.105 Employee recognition program
2.56.110 Department and division heads
2.56.120 Leave without pay
2.56.130 Military leave
2.56.140 Jury duty
2.56.150 Sick leave and compassionate leave
2.56.160 Absence without duly authorized leave
2.56.170 Annual leave with pay (vacation)
2.56.180 Holidays with pay
2.56.190 Separation
2.56.210 Civil service
2.56.215 Collective bargaining agreement
2.56.010 Definitions.
A. “Administrative leave” is leave granted by the appointing authority not chargeable as annual leave, sick leave or leave without pay.
B. “Appointing authority” is the city manager.
C. “Department head” is any employee serving as the head of a department of the city and includes, without being limited thereto, the chief of police, public works director and parks and recreation director.
D. “Division head” is any employee serving as the head of a division of the city and includes, without being limited thereto, the building inspector and the utilities engineer.
E. “Employee” means all nonelective officers and employees of the city, except the city manager. (Ord. 539 §1, 1979; Ord. 342 (part), 1974; Ord. 171 §1, 1970).
2.56.020 Composition of the compensation plan. The compensation plan shall include:
A. A schedule of classifications and steps for all employees of the city;
B. The annual budgets and supplemental budgets which shall establish the minimum and maximum rates of pay and intermediate steps. (Ord. 539 §2, 1979; Ord. 171 §2, 1970).
2.56.030 Development and maintenance of salary grades. Salary grades shall be directly related to and determined with due regard to grades of pay for the classes; relative difficulty and responsibility of positions; availability of employees in particular occupational categories; prevailing rates of pay for similar employment both private and public in the Lacey area; cost of living factors; the financial policies of the city; and other economic considerations. (Ord. 171 §3, 1970).
2.56.040 Salary steps. The following shall be the general policy with respect to the use of the pay steps within salary grades:
A. The minimum rate of pay for a class as described in the job classification section of the city organization manual shall be paid any person in his original appointment to a position, except when, as determined by the appointing authority, the new employee possesses exceptional qualifications warranting a higher rate of pay or new employees cannot be obtained for the minimum rate.
B. Within salary grades increases shall be granted from pay step one to the next higher pay step upon completion of the first six months of employment for the city, and every year thereafter to the last step.
C. The new pay rate will be effective the beginning of the pay period following the completion of the time and grade. (Ord. 539 §3, 1979; Ord. 171 §4, 1970).
2.56.050 Transfers--Promotions--Demotions and reinstatement. When an employee is transferred, promoted, demoted, or reinstated, his rate of pay for the new position shall be determined as follows:
A. Transfer. An employee transferred to another position of the same grade shall continue to receive the same rate of pay until promoted or demoted, or adjusted in accordance with Sections 2.56.030 and 2.56.040.
B. Promotion. An employee promoted to a higher grade shall receive a salary increase as follows:
1. If his rate of pay in the lower grade is below the minimum salary of the higher grade, his pay shall be increased to the minimum step of the higher grade which will constitute at least a five percent pay increase;
2. If his rate of pay in the lower grade is within the range of the higher grade, he shall be advanced to the step in the higher grade which constitutes a two step increase in pay;
3. The date of promotion to the new grade shall be the anniversary date for annual step increases.
C. Demotion. An employee demoted from a position in one class to a position in a lower grade shall be reduced to the same pay step in the lower grade, commensurate with longevity.
D. Reinstatement. The compensation for an employee reinstated by the appointing authority to his former position shall be as follows:
1. An employee who has resigned from his position with the city service may be reinstated to the pay grade held on resignation;
2. An employee re-employed to his former position after layoff shall be paid at the new pay step in the grade for his class that he was receiving at the time of layoff, and shall retain time in grade. (Ord. 539 §4, 1979; Ord. 171 §5, 1970).
2.56.060 Suspension without pay. The appointing authority may suspend an employee for cause without pay for a period not to exceed thirty days within any twelve-month period. Such action and the reasons therefor shall be reported in writing to the city manager and the affected employee and made a part of the employee’s personnel file. Any civil service employee shall be subject to the rules and privileges of the civil service rules of the city. (Ord. 968 §7, 1993; Ord. 539 §5, 1979; Ord. 171 §6, 1970).
2.56.070 Probation. All new employees of the city shall be on a probationary status for six months. (Ord. 539 §6, 1979; Ord. 171 §7, 1970).
2.56.080 Discharge. The following are declared to be cause for discharge from city service, although charges may be based on causes other than those enumerated:
A. Incompetency, incapacity, or inefficiency in performance of duties;
B. Violation of law, of official rules or regulations, or orders, or failure to obey any lawful or reasonable direction when such failure or violation amounts to insubordination or serious breach of discipline;
C. Acceptance for personal use of a fee, gift, or other valuable thing in the course of work when given in the hope or expectation of receiving a favor or better treatment than that accorded the public generally;
D. Conviction of a felony or of any crime involving moral turpitude;
E. Willful or repeated negligence in performing duties, and conduct unbecoming an officer or employee of the city;
F. Conduct subversive of public order and discipline, and sustained conduct detrimental to the efficiency or morale of the service;
G. Misuse of public funds or property;
H. Falsifying reports or records;
I. Drinking intoxicating liquor while on duty or intoxication which impairs performance of normal duties;
J. The use of illegal drugs while on duty or which impairs performance of normal duties. (Ord. 539 §7, 1979; Ord. 171 §8, 1970).
2.56.090 Normal work week. The normal work week, with the exception of the police department, shall be five consecutive days of not less than eight hours per day, exclusive of lunch period. (Ord. 539 §8, 1979; Ord. 255 §1, 1972; Ord. 171 §9, 1970).
2.56.100 Overtime, stand-by time and shift changes. All employees not covered under collective bargaining agreements shall be compensated as follows:
A. Overtime. Overtime shall be defined as work performed in excess of the regular work day as herein designated and approved by the employee’s supervisor in charge. All overtime shall be compensated at the rate of time and one-half the regular rate of pay. Compensation for overtime shall take the form of cash or compensatory time, at the employee’s option, except that compensatory time-off accumulated in excess of forty hours per employee shall be completely utilized within thirty days of accumulation. If not utilized, compensation shall take the form of cash payment. Compensatory time shall be scheduled in advance by the immediate supervisor, based upon the convenience of the operations of the employer within the limitations as stated above.
B. Overtime Provisions for Call-back Time. Employees called back to work shall receive a minimum of two hours pay at the overtime rate for the work for which they are called back. This provision shall not apply to hours worked which are annexed consecutively to the end of the working day or within one hour of the beginning of the regularly scheduled working day; provided, however, there shall be a minimum of one hour overtime paid for any work performed within one hour of the beginning of the working day.
C. Shift Change. A change in shift will require a minimum of forty-eight hours’ written notice delivered to the applicable employees unless otherwise by mutual agreement between the parties.
D. Standby. Employees shall be compensated for standby assignment during nonworking hours at the rate of $15.00 for each separate twenty-four hours or portion thereof assigned; provided, however, that the rate for standby assignment from the end of the workday on Friday until the start of the workday on Monday shall be a total of $30.00. (Ord. 539 §9, 1979).
2.56.105 Employee recognition program. The City Manager is authorized to implement an employee recognition program to acknowledge exceptional or outstanding employee or work unit performance. At the discretion of the City Manager, employee recognition may include the presentation of an award based on the value of the performance. The value of an award may not exceed $100 in 1997. This amount may be adjusted annually based on subsequent increases in the Consumer Price Index for Seattle (CPI-Seattle).
The City Manager shall also encourage department directors to use a number of awards valued at under $10 to routinely recognize employees’ excellence in the performance of day-to-day duties.
Criteria for determining the value of employee and/or work unit performance shall include the following goals and objectives:
A. Exceptional effort in service to the public;
B. Identification of innovative and practical new work methods, programs, or cost-saving solutions that have a substantial impact on improving service and efficiency;
C. Exceptional attendance;
D. Outstanding worker performance above and beyond expectations outlined in the city’s job descriptions and work policies.
The City Manager shall annually budget an amount required to purchase the awards associated with the recognition program and shall annually report all recognitions made throughout the previous year to the City Council. (Ord. 1057 §1, 1997).
2.56.110 Department and division heads. Notwithstanding any provisions of this chapter, city department heads and other management employees of the city not represented by collective bargaining representatives shall not be compensated for any overtime, and shall not be entitled to compensatory time for overtime work. Further, the compensation, benefits and conditions of employment for such employees shall be established annually by the city manager with the consent of the city council, which consent may take the form of passage of the annual budget or such other appropriate action as the council may deem advisable. The compensation, benefits and other conditions of employment established for said employees shall not be limited by the terms of this chapter; however, those provisions of this chapter which are not in conflict or otherwise covered by such an established compensation plan shall continue to apply to such employees. (Ord. 713 §1, 1985; Ord. 556 §1, 1979).
2.56.120 Leave without pay.
A. Leave without pay may be granted by the department head for a period of one to fifteen normal working days, and by the appointing authority for extended periods. In all such instances a written report shall be filed with the city manager, and a copy placed in the employee’s personnel record.
B. An employee returning to his position after an authorized leave of absence without pay, shall be reinstated in his former salary step, within the salary grade, and shall retain time in grade.
C. City contributions for medical, dental and life insurance and all other benefits will be discontinued when the leave without pay is extended beyond thirty calendar days; provided, however, that if the terms of any insurance policy so provide, the employee may continue coverage solely at the employee’s cost after said thirty days. (Ord. 968 §8, 1993; Ord. 968 §8, 1993; Ord. 539 §10, 1979; Ord. 171 §12, 1970).
2.56.130 Military leave. Pursuant to RCW 38.40.060 of the laws of the state of Washington, every employee of the city who is a member of the Washington National Guard, or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States or of any organized reserve of the armed forces of the United States, shall be entitled to and shall be granted military leave of absence for a period not to exceed fifteen days during each calendar year. Such leave shall be granted for such time the employee is ordered to active training duty. Such leave shall be in addition to any vacation, such leave to which the employee is otherwise entitled and shall not affect the employee’s rating privileges or pay. During the period of military leave the employee shall receive from the city his normal pay. (Ord. 171 §13, 1970).
2.56.140 Jury duty. An employee summoned for jury duty or subpoenaed as a witness about events arising out of his employment shall be granted administrative leave for such service and shall be paid by the city his regular wage. All moneys received for jury duty or witness fees shall be surrendered to the city. (Ord. 539 §11, 1979; Ord. 171 §14, 1970).
2.56.150 Sick leave and compassionate leave.
A. Upon application from an employee, he may be granted sick leave with pay equal to his cumulated sick leave credits. The supervisor may from time to time require a certificate from the attending physician when such sickness exceeds three consecutive working days.
B. Sick leave shall be accumulated at the rate of four hours earned per semi-monthly pay period of employment and shall be charged as used. When an employee has exhausted the cumulative sick leave, sick leave without pay may be granted by the appointing authority or department head for the entire period of sickness or disability unless the employee requests use of cumulative annual leave or compensatory time-off credits.
C. In the event of failure of the employee to submit a certificate from the attending physician after being requested to do so or such certificate does not clearly show sufficient disability to preclude the employee from performance of his duties, the appointing authority may cancel such sick leave whether with or without pay and require the employee to report to work.
D. An employee receiving sick leave with pay and simultaneously receiving compensation under the Workmen’s Compensation Law, or other insurance plan paid for by the city, shall receive for the duration of such compensation only that portion of his regular salary which, together with such compensation, will equal his regular salary, and sick leave shall be charged at the same rate as the portion of his salary paid by the city is to his regular salary. Until eligibility for Workmen’s Compensation is determined by the Department of Labor and Industries, the city may pay full sick leave, provided that the employee shall return any subsequent overpayment to the city.
E. An employee may take up to five consecutive workdays compassionate leave to attend the funeral services of a close relative, defined as one who by blood, marriage, or adoption: (1) is a member of the employee’s household under the same roof, or (2) is a parent, parent-in-law, spouse, child, brother, sister, grandparent or grandchild of the employee regardless of residence. The employee with the approval of the department head may take up to one-half day of sick leave to attend funeral services of a close friend or relative not covered in the above definitions. The employee may opt to take up to three days emergency leave as set forth in Section 2.56.150(F) for the same purpose.
F. With the permission of the department head, an employee may use up to three days of sick leave a year for such crises as serious illness in the family, or other emergencies which require the person’s presence. Based upon extenuating circumstances, the appointing authority or the employee’s department head may allow sick leave in excess of three days for such purposes.
G. The city will comply with state laws and regulations governing maternity leave and working by pregnant women. Pregnancy will be treated as any other medical disability. Permanent female employees may use accumulated sick leave for all disabilities connected with pregnancy, including childbirth. Employees may use unpaid leave of absence for extended maternity leave, not to exceed six months, with the permission of the department head and city manager. No employee shall work after the fifth month of pregnancy without a certificate of approval from the attending physician. A permanent male employee may take up to five days sick leave during the pregnancy of his wife, including childbirth. (Ord. 539 §12, 1979; Ord. 387 §1, 1975; Ord. 171 §15, 1970).
2.56.160 Absence without duly authorized leave. Absence without duly authorized leave shall be treated as absence without pay and, in addition, may be grounds for disciplinary action. Upon his return the employee shall give a written statement to his department head, explaining the nature of his absence. An employee who is absent from his position for three consecutive days without notice to his department head or the appointing authority may be considered to have abandoned his position. (Ord. 171 §16, 1970).
2.56.170 Annual leave with pay (vacation).
A. Each permanent full time employee of the city shall accrue annual leave with full pay in accordance with the schedule listed below, depending on the length of continuous service with the city. Permanent part-time employees shall accrue annual leave at the proportion that the number of daily hours worked bears to eight hours. Leave shall accrue monthly from the date of employment.
1. During the first year of current continuous employment--Ninety-six hours (twelve days) per year;
2. During the second year of current continuous employment--One hundred four hours (thirteen days) per year;
3. During the third and fourth years of current continuous employment--One hundred twelve hours (fourteen days) per year;
4. During the fifth, sixth, and seventh years of current continuous employment--One hundred twenty hours (fifteen days) per year;
5. During the eighth, ninth, and tenth years of current continuous employment--One hundred twenty-eight hours (sixteen days) per year;
6. During the eleventh, twelfth, and thirteenth years of current continuous employment--One hundred thirty-six hours (seventeen days) per year;
7. During the fourteenth, fifteenth, and sixteenth years of current continuous employment--One hundred forty-four hours (eighteen days) per year;
8. During the seventeenth, eighteenth, and nineteenth years of current continuous employment--One hundred fifty-two hours (nineteen days) per year;
9. During the twentieth, twenty-first, and twenty-second years of current continuous employment--One hundred sixty hours (twenty days) per year;
10. During the twenty-third, twenty-fourth, and twenty-fifth years of current continuous employment--One hundred sixty-eight hours (twenty-one days) per year;
11. During the twenty-sixth year of total employment and after--One hundred seventy-six hours (twenty-two days) per year;
B. Annual leave may be accumulated to a maximum of thirty working days. During the first six months of service, paid annual leave shall accrue but shall not be taken. After the first six months of service, leave may be allowed to the limit of the amount credited. If the employee is separated within the first six months of service, all annual leave shall be canceled.
C. Each employee shall be required to take at least five days annual leave each year. Leave shall be granted at a time when it will least interfere with the work of the department and upon written application of the employee made in advance and approved by the department head. Leave for department heads shall be approved by the city manager.
D. For personnel presently employed by the city, the rate of annual leave will be computed by the length of their continuous employment with the city effective September 1, 1975. (Ord. 387 §3, 1975).
2.56.180 Holidays with pay.
A. The following, and such other days as the city council may fix by resolution, are holidays for all regularly employed full time employees of the city: the first day of January, commonly called New Year’s Day; the third Monday of January, being the anniversary of the birth of Martin Luther King, Jr.; the third Monday of February, being celebrated as President’s Day; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of November, to be known as Veterans Day; the fourth Thursday in November, to be known as Thanksgiving Day; the day immediately following Thanksgiving Day; and the twenty-fifth day of December, commonly called Christmas Day.
B. When one of the holidays falls on a Saturday such holiday will be observed on the work day preceding such holiday, when one of the holidays falls on a Sunday, such holiday will be observed on the next work day following said holiday.
C. All regularly employed full time employees of the city shall be entitled to one paid holiday per calendar year in addition to those specified in this section. Each employee may select the day on which the employee desires to take the additional holiday provided for herein after consultation with and approval of the department head. (Ord. 765, 1986; Ord. 477, 1978; Ord. 413 §2, 1976).
2.56.190 Separation. Upon separation of employment with the city all leave time shall be canceled and all annual leave time shall be paid at the employee’s regular pay scale. (Ord. 171 §19, 1970).
2.56.210 Civil service. In the event there is any conflict between the terms of this chapter and the Lacey civil service rules for police (Chapter 2.52) , the provisions of the civil service rules for police shall prevail. (Ord. 171 §21, 1970).
2.56.215 Collective bargaining agreement. In the event there is any conflict between the terms of this chapter and any duly executed collective bargaining agreement between the city and an exclusive bargaining representative of a group of employees of the city, the collective bargaining agreement shall prevail. (Ord. 293 §2, 1973).
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City of Lacey, Washington, USA
All Rights Reserved
[1]For statutory provisions regarding the establishment of office hours, see RCW 35.21.175; for statutory provisions regarding legal holidays, see RCW 1.16.050.