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City of Federal Way Personnel Guidelines

Procedure Title: EMPLOYEE GUIDELINES
Number:	HR-01	Adoption Date:	02/01/97	Council Approval:	N/A
Dept/Div Responsible:	Management Services/Human Resources	Revision No./ Effective Date:	6 01/01/02	City Manager Approval:

1. PURPOSE AND GUIDELINES DISCLAIMER

1.1 GENERAL PURPOSE

These guidelines are enacted by the City of Federal Way in order to further the following goals:

• To provide a uniform system of personnel administration throughout the City service.

• To ensure that recruitment, selection, placement, promotion, retention, and separation of City employees are based upon employee qualifications and abilities, and are in compliance with federal and state laws.

1.2 SCOPE

These personnel guidelines shall apply to all City employees except elected officials, and independent contractors. In the event of conflict between these guidelines and a written employee contract, City ordinance, state or federal law, the terms and conditions of that contract, rule, or law shall prevail. In all other cases, these guidelines shall apply.

In the event of the amendment of any ordinance, rule, or law incorporated in this document or upon which these provisions rely, these guidelines shall be deemed amended in conformance with those changes.

The personnel guidelines contained in this Employee Guidelines manual are designed and intended to be general in nature. These guidelines may be amended or exceptions to them made by the City Manager for any reason at any time. These guidelines are not intended as, nor should they be construed to create, terms of an express or implied contract of employment at the City of Federal Way or any type of promise or guarantee of specific treatment. Except as may be otherwise provided by express written agreement signed by the City Manager, all employees serve at the discretion of the City Manager and all terms and conditions of employment at the City of Federal Way are subject to change without notice at any time, provided however that the City acknowledges the importance of progressive discipline as described in section 11.3 of this manual.

2 DEFINITIONS

2.1 EMPLOYEES

Exempt Employees

For purposes of the Fair Labor Standards Act (FLSA), an exempt employee is any employee who acts in a bona fide executive, administrative or professional capacity, as determined by Human Resources. Exempt employees are paid on a salary basis and are not subject to FLSA overtime provisions.

Non-Exempt Employees

A non-exempt employee is any employee in a position not designated exempt as defined above. Non-exempt employees are subject to the overtime provisions of the FLSA.

Regular Full-Time Employee

Any employee hired for an indefinite period of time in a budgeted, authorized position, who works forty (40) or more hours/week on a regular year-round schedule.

Regular Part-Time Employee

Any employee hired for an indefinite period of time in a budgeted, authorized position who works less than forty (40) hours/week on a regular year-round schedule. This includes job sharing employees.

Temporary/Hourly Employee

Any employee hired to work a fixed or flexible schedule of hours for a specified period of time, or an employee who is hired on an intermittent or as-needed basis, which will include, without limitation,

1. Grant-funded projects: These employees will be involved in projects or activities that are funded by special grants for a specific time or activity. These grants are not those that are regularly available to, nor are their receipt predictable, by the City.

2. Information systems technology projects: These employees will be needed to plan and implement new information systems for the City.

3. Capital improvement projects: These employees will be involved in the management of construction projects.

4. Miscellaneous projects: Other significant and substantial bodies of work may be appropriate for temporary/hourly employees. These bodies of work should be either non-routine projects for the department or related to the initiation or cessation of a City function, project, or department.

5. Seasonal positions: Employees who work in positions that, due to the nature of the work, have predictable periods of inactivity exceeding one month.

6. Temporary placement in regular positions: Employees who fill regular positions due to a regular employee's temporary absence such as extended leave or during the recruitment and selection process for a regular position.

7. Recreation Instructors and Building Supervisors: These employees work a limited number of hours per week in a quarter and, depending on enrollment, may be employed for several quarters during the year.

8. Internships/Job Training Programs: Employees hired to work in a position for the purpose of gaining practical experience related to his/her course of study in an undergraduate or graduate school program, or other type of formal job training program.

Temporary/hourly employees are in probationary status and can be terminated at any time with or without cause, and are not entitled to any of the procedural rights contained in the Employee Guidelines. Temporary/hourly employees are paid on an hourly basis and receive worker's compensation, unemployment, and social security benefits.

Temporary/hourly employees who fill positions requiring seventy (70) or more hours per month for five (5) or more months in a year on an ongoing basis, will participate in the Public Employees Retirement System (PERS), which requires employer and employee contributions. It is the responsibility of the hiring supervisor to determine PERS eligibility at the time of hire, and to monitor all temporary/hourly positions so that PERS membership requirements are met. Human Resources staff are available to provide assistance in determining PERS eligibility.

It is the intent of the City that temporary/hourly employees are used to adjust to changing department needs, for time-limited projects, or to provide assistance and/or services which are supplemental to regular City positions and require substantially fewer hours per week on an ongoing basis. When there are temporary/hourly employees doing work similar to work done by regular employees in a division or department, the supervisor is expected to annually evaluate regular staffing levels and to make appropriate recommendations to limit the use of temporary/hourly employees in the future.

2.2 PROBATIONARY PERIOD

All regular full-time and regular part-time employees are subject to a probationary period. The probationary period will be one year from the initial hire date with the City as a regular employee. Termination of employment during the probationary period may be with or without cause, and probationary employees are not entitled to the procedural rights contained in these Guidelines. The City may extend the probationary period and will notify the employee of the extension in writing prior to the end of the probationary period.

2.3 CHEMICAL DEPENDENCY

Addiction to alcohol or chemical substances of a prescription or illegal nature.

2.4 CONTROLLED SUBSTANCES

Those substances whose dissemination is regulated by state or federal law including, but not limited to, narcotics, depressants, stimulants, hallucinogens, cannabis and other drugs.

2.5 DRUGS

Any substance which, in the opinion of his or her supervisor, impairs an employee's ability to perform his or her job or which poses a threat to the safety of others. This definition includes prescription and over-the-counter medications.

2.6 WORK WEEK AND WORK DAY

The work day is defined as a consecutive twenty-four (24) hour period. For most employees, the standard work day consists of the period from midnight to 11:59 p.m.

The work week is defined as a fixed and regularly recurring period of 168 hours; i.e., seven (7) consecutive twenty-four (24) hour periods. The standard work week for most employees consists of the period from midnight Saturday to 11:59 p.m. the following Saturday.

2.7 JOB SHARING

A form of regular part-time work in which two or more people voluntarily share the responsibilities of one full-time position. Job sharing employees shall be considered regular part-time for the purpose of benefits.

2.8 FLEX-TIME

Work schedules that permit flexible starting and quitting times within limits set by the department director.

2.9 CITY

The City of Federal Way.

2.10 DAY

For purpose of these guidelines, Day is defined as a calendar day unless specified otherwise.

2.11 IMMEDIATE FAMILY

For the purpose of these guidelines, Immediate Family is defined as the employee's parent, spouse, children, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents, grandchildren, aunt, uncle, step-relations equivalent to those listed, and no other persons.

3 GENERAL GUIDELINES AND PRACTICES

3.1 EQUAL EMPLOYMENT OPPORTUNITY

It is the policy of the City of Federal Way to treat all applicants and employees equally and without regard to race, religion, creed, color, national origin, sex, age, the presence of a physical, mental or sensory disability, marital or veteran status, or any other basis that is required by local, state, or federal law. It is also the desire of the City to reflect the diverse community that we serve. As an organization we are committed to seeking diverse applicant pools for our vacant positions and to creating a culture that promotes mutual respect, acceptance, cooperation and productivity among diverse people. Toward this end, racial, ethnic, religious or sexual slurs or comments demeaning national origin or individuals with disabilities by any employee to or about any employee, applicant, or the public will not be tolerated.

Violations of this policy may be cause for disciplinary action in accordance with section 11.3 of this manual and applicable laws.

Any employee who feels he or she has been subject to discriminatory treatment in violation of this policy should bring this concern to the attention of his/her immediate non-involved supervisor, department director, or Human Resources. A non-involved supervisor is defined as the first supervisor in an employee's department who is not the object of the complaint.

Any supervisor advised of such a concern shall immediately report the concern to the department director, Human Resources and the Law department.

3.2 ANTI- HARASSMENT

It is the policy of the City of Federal Way that all employees should be able to work in an environment free from all forms of discrimination or harassment, including sexual harassment.

Sexual harassment is unlawful and violates federal and state law and the City's policies. Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. No employee shall be subject to unsolicited and unwelcome overtures or conduct, either verbal or physical. Sexual harassment generally is defined as the following:

• Any deliberate or repeated unsolicited sexual or gender-based conduct such as verbal comments, gestures, or physical contact which is unwelcome to the recipient, which causes the recipient discomfort or humiliation or which interferes with the recipient's work performance; or

• Any incident in which a supervisor uses implicit or explicit coercive sexual behavior or influence to affect the career, salary, or employment of another employee or prospective employee.

  Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior that is not welcome and which is personally offensive, interfering with effectiveness or creating uneasiness on the job.

  Such conduct, whether committed by supervisory or non-supervisory personnel, is specifically prohibited. This includes repeated offensive sexual flirtation, advances or propositions, continued or repeated verbal abuse of a sexual or gender-based nature, graphic or degrading verbal comments about an individual or his/her appearance, the display of sexually suggestive objects or pictures, or any offensive or abusive physical contact.

  No individual should imply to an employee that lack of cooperation of a sexual nature would in some way negatively affect a person's employment, assignment, compensation, advancement, career development, or any other condition of employment.

  Any of the above actions will bring prompt and certain disciplinary action, up to and including termination.

  If an employee believes that he/she is experiencing sexual harassment of any kind, the following complaint and investigation procedure should generally be observed:

  • If comfortable doing so, clearly inform the harasser that his or her behavior is inappropriate, offensive, unwelcome and should immediately cease.

  • Bring the matter to the attention of the immediate non-involved supervisor within the department, the department director, or Human Resources. This should include the specific allegation, date of the occurrence, the individuals involved, and the names of any witnesses. A non-involved supervisor is defined as the first supervisor in an employee's department who is not the object of the complaint.

  • The supervisor will immediately notify the department director, Human Resources and the Law department

  All complaints will be promptly and fairly investigated by Human Resources and when appropriate, immediate corrective action will be taken. Employees shall not be retaliated against because they have made complaints of sexual harassment.

3.3 EMPLOYEE PRIVACY/PERSONNEL RECORDS/EMPLOYMENT REFERENCES

Personnel Records

Personnel records are maintained on all City employees and are the property of the City. The records include, among other things, an employee's application, specific examination materials (but not the test protocol, etc.), a list of positions held and pay rates received, performance evaluations, materials regarding any disciplinary action or other matters related to performance, and records related to benefits.

All personnel records are maintained in compliance with the laws related to public records. Each employee is entitled to review his or her personnel file. An employee shall have the opportunity to submit a letter to the file, responding to or rebutting information contained in his or her file.

Employment References

Unless a) required by a valid court order or the law, b) at the written request of the subject employee, or c) the employee provides a signed written release, the City will furnish only the following information about past or present City employees to persons outside the City of Federal Way:

• Dates of employment.

• Current job title or job title at date of termination.

• Verification of salary information.

All requests for any information regarding past or present City employees shall be directed immediately to Human Resources.

All employees are required to keep their current telephone number and address in their personnel information within the personnel records.

3.4 REPORTING IMPROPER GOVERNMENTAL ACTION AND PROTECTING EMPLOYEES AGAINST RETALIATION

Policy Statement

It is the policy of the City of Federal Way to encourage reporting by its employees of improper governmental action taken by the City of Federal Way officers or employees and to protect City of Federal Way employees who have reported improper governmental actions in accordance with the policies and procedures below.

Definitions

As used in this policy, the following terms shall have the meanings indicated:

1. "Improper governmental action" means any action by a City of Federal Way officer or employee:

a. That is undertaken in performance of the officer's or employee's official duties, whether or not the action is within the scope of the employee's employment; and

b. That is in violation of any federal, state, or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety or is a gross waste of public funds.

"Improper governmental action" does not include personnel actions, including employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, re-employment, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of collective bargaining or civil service laws, alleged violations of labor agreements or reprimands.

2. "Retaliatory action" means any adverse change in the terms and conditions of an employee's employment, including but not limited to: denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, letters of reprimand, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary action resulting from a report of improper governmental conduct.

3. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property.

Procedures for Reporting

City of Federal Way employees who become aware of improper governmental actions should raise the issue first with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor, or to some person designated by the supervisor, stating in detail the basis for the employee's belief that an improper governmental action has occurred. Where the employee reasonably believes the improper governmental action involves his or her supervisor or department director, the employee may raise the issue directly with the department director (in the case of supervisor involvement) or the City Manager or such other person as may be designated by the City Manager to receive reports of improper governmental action (in the case of department director involvement).

In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may report the improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action.

The supervisor, or the department director, as the case may be, shall take prompt action to assist the City of Federal Way in properly investigating the report of improper governmental action. City of Federal Way officers and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under law, unless the employee authorizes the disclosure of his or her identity in writing. After an investigation has been completed, the employee reporting the improper governmental action shall be advised of a summary of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential.

Employees may report information about improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper governmental action occurred, or that insufficient action has been taken by the City to address the improper governmental action or that for other reasons the improper governmental action is likely to recur.

Employees who fail to make a good-faith attempt to follow the City's procedures in reporting improper governmental action shall not receive the protections provided by the City in these procedures.

Protection Against Retaliatory Actions

City of Federal Way officials and employees are prohibited from taking retaliatory action against an employee because he or she has in good faith reported an improper governmental action in accordance with these policies and procedures.

Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor or department director. City officials and supervisors shall take appropriate action to investigate and address complaints of retaliation.

If the employee's supervisor or department director does not satisfactorily resolve an employee's complaint that he or she has been retaliated against in violation of this policy, the employee may obtain protection under this policy and pursuant to state law by providing a written notice to the City Manager that:

• specifies the alleged retaliatory action and

• specifies the relief requested.

Employees shall provide a copy of their written charge to the City Manager no later than thirty (30) days after the occurrence of the alleged retaliatory action. The City shall respond within thirty (30) days to the charge of retaliatory action.

After receiving either the response of the City or thirty (30) days after the delivery of the charge to the City, the employee may request a hearing before a state administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing should deliver the request for hearing to the City Manager within the earlier of either fifteen (15) days of delivery of the City's response to the charge of retaliatory action, or forty-five (45) days of delivery of the charge of retaliation to the City for response.

Upon receipt of request for hearing, the City shall apply within five (5) working days to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge:

Office of Administrative Hearings (206) 464-6322

1904 3^rd, Suite 722

Seattle, WA 98101

City Responsibility

The City of Federal Way is responsible for implementing these policies and procedures

a. for reporting improper governmental action and

b. for protecting employees against retaliatory actions.

This includes ensuring that this policy and these procedures:

a. are permanently posted where all employees will have reasonable access to them,

b. are made available to any employee upon request and

c. are provided to all newly-hired employees.

Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility.

Agencies

A list of agencies responsible for enforcing federal, state and local laws and investigating other issues involving improper governmental action is available in Human Resources.

4 EMPLOYMENT OF PERSONNEL

4.1 PROCEDURES

This guideline describes the City's general employment practices and basic administrative procedures as they apply to employment activities.

General Employment Practices

Employment activities are conducted to employ the most qualified persons available. Human Resources is responsible for employment administration, to include the steps necessary to attract and refer qualified applicants to the hiring department for consideration. Employment offers shall be coordinated through Human Resources to ensure completion of pre-employment requirements.

Persons applying for an advertised position vacancy shall be given an employment application form, job announcement, and related instruction forms determined appropriate by the hiring department and Human Resources. Further consideration for employment shall be contingent upon submittal of the completed forms, and successful completion of tests and interviews, as may be required.

The City shall not consider unsolicited applications and resumes as applications for employment. An informational letter shall be sent to persons submitting unsolicited applications/resumes informing them of the employment process.

Procedure For Filling Vacant Positions

The procedure outlined below shall be followed by departments when a position vacancy occurs or a new position is approved through the budget process. The hiring department shall complete a request to fill vacancy form. This form shall be signed by the department director, reviewed by Human Resources, and approved by the City Manager.

Human Resources shall assist the hiring department in determining the appropriate process to be used: department recruitment, City-wide recruitment, or outside recruitment.

Department Recruitment: Screen employee-applicants within the department who express an interest in the position and meet the minimum qualifications as outlined in the job description.

City-Wide Recruitment: Open position to all City employees. The hiring department shall interview all employee-applicants who meet the minimum qualifications as outlined in the job description.

Outside Recruitment: Advertise position to the public.

All applicants, to include employee-applicants, who are interviewed but not selected, shall be notified. It shall be the responsibility of Human Resources to arrange for such notification.

An applicant's former employer(s) and references shall be checked by the hiring department to the extent practicable.

Offers of Employment

After the department director has selected a candidate for employment, Human Resources and the hiring supervisor will determine who will contact the successful candidate to officially extend an offer of employment and establish a starting date.

All offers of regular full-time or regular part-time employment should be made in writing on behalf of the City Manager. No City representative has authority to enter into any agreement for employment for a specific period of time or make any agreement contrary to the foregoing.

When the candidate has accepted initial employment, Human Resources will prepare any necessary paperwork for the orientation procedure. Once hired, the new employee shall have an "orientation session" with Human Resources.

4.2 NEPOTISM

As determined by the City Manager or his or her designee, members of the immediate family of City employees will not be hired or remain employed if:

• One member would have the primary power to supervise, hire, remove or discipline the other;

• One member would be responsible for financially auditing the work of another;

• One member would handle confidential material which creates the appearance of improper or inappropriate access to that material by the other.

If two employees in such positions become so related to one another, one must be transferred to another department or position where the reporting, auditing or supervisory relationship does not exist or where the employees are not reporting directly to the same supervisor. If a transfer cannot be accomplished due to the unavailability of an open position, one of the employees must resign. The decision as to which employee will transfer or resign will be made by the employees involved. If the employees do not decide which employee will transfer or resign within thirty (30) days after becoming related to one another, the employee with the least seniority will transfer or resign.

5 HOURS OF WORK

5.1 OVERTIME

Any City employee may be required, as a condition of employment, to work overtime when necessary as determined by his or her supervisor. All overtime worked by employees classified as non-exempt must be specifically authorized in advance by department supervisors.

For all regular full-time, part-time, and temporary non-exempt employees, overtime is defined as authorized hours worked, together with holiday, vacation, sick leave or comp. time hours, in excess of:

1. the regularly scheduled shift (a minimum of eight [8] hours per day) within a twenty four (24) hour period OR:

2. forty (40) hours in a seven (7) day week, when an employee is required by the department director or his or her designee to work an additional day or days.

By mutual agreement between the employee and supervisor, an employee may work beyond his or her regularly scheduled shift without incurring overtime, provided however, that the employee shall be paid overtime for authorized hours worked when required by FLSA.

Unless otherwise specified above, any time compensated but not worked will not be considered (or included) in overtime determination. When an employee uses accrued holiday, vacation, sick leave or comp. time off for a portion of a day or shift, the total number of hours worked and hours compensated but not worked shall not exceed his or her regularly scheduled shift in a day. The intent is that there shall be no overtime hours in a day unless an employee actually worked in excess of his or her regularly scheduled shift, and such shift shall be at least eight (8) hours/day.

5.2 COMPENSATORY TIME

Non-Exempt Employees

A regular full-time or regular part-time non-exempt employee may request compensatory time off in lieu of overtime payment. Compensatory time off must be requested by the employee and authorized by the appropriate supervisor. An employee who does not request comp. time will be paid overtime, and the supervisor can deny a comp. time request (if time off is not practical) and instead overtime will be paid.

Compensatory time is accrued at the rate of one and one-half hours for each hour of overtime worked. Compensatory time may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of eighty (80) will be paid as overtime. Employees should be encouraged to use compensatory time accrued within ninety (90) days of earning it whenever possible. Upon termination, unused comp. time will be paid at the current rate on the final paycheck.

Exempt Employees

An employee in an exempt position is being paid to perform work which may not necessarily be completed in his or her normal work week and is therefore not entitled to overtime compensation.

When an exempt employee is engaged in a project which specifically requires overtime work to accommodate a number of meetings outside of normal working hours, or to meet unavoidable deadlines, scheduling constraints imposed upon the City, or other compelling cause, the department director may authorize a flexible work schedule for that employee, when possible, to reduce the number of extra hours required.

5.3 STANDBY

City employees in designated positions as determined by the City may be required to "standby" for duty. Employees placed on standby status will be provided with a paging device, which provides the employee with the ability to conduct his or her personal business within range of the paging device. While on standby status, employees must be able to respond at the worksite within the time period prescribed by the department director. Employees may also be provided a City vehicle while on standby status. If a vehicle is provided, it may be used only for City business and must be properly secured at all times. Standby duty may include week nights and weekends and any other non-regular work hours, and standby hours will begin when an employee leaves work, and end when the employee returns to work. Hours on standby status will not be counted for the purposes of computing overtime pay or eligibility to receive benefits. If and when an employee is called back to work while on paid standby status, standby pay will cease and call-out pay provisions, if applicable, will apply. If an employee on standby status fails to respond to a call to return to work, he or she may be subject to disciplinary action. (See also Section 6.4 - Call-Out)

5.4 REST PERIODS

All employees are entitled to a fifteen (15) minute rest period for each four (4) hours of working time. Breaks shall be arranged so as not to interfere with City business, provided that employees are not required to work more than three (3) hours without a rest period. Rest periods may not be accrued.

5.5 MEAL PERIODS

Employees working more than five (5) consecutive hours in a work day are required to take an unpaid meal period of thirty (30), forty-five (45), or sixty (60) minutes. This meal period may be scheduled by the employee's supervisor, and in any event, will occur no earlier than two (2) hours nor no later than five (5) hours into the employee's regular work day. Employees who work more than three (3) hours longer than their normal work day will receive an additional thirty (30) minute unpaid meal period before or during their overtime.

5.6 SCHEDULING

Work Schedules

Work schedules shall be established by the City Manager or his or her designee. Employees are expected to work all hours and days scheduled. Due to the essential public services provided by the City, some positions may be required to be on standby or to work different work schedules or a different work week. The City Manager, or his or her designee, shall have the discretion to determine which positions will be required to perform such duties and how such duties will be rotated among the affected positions.

Office Hours

City offices and departments will be open for the transaction of business with the public from 8:00 a.m. to 5:00 p.m., Monday through Friday, official City holidays excepted. Accordingly, the work day for employees will be scheduled to provide coverage for all City functions during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday.

5.7 ALTERNATIVE WORK SCHEDULE

Policy Statement

Adopting alternative work schedules can help ensure the City's compliance with the Washington Clean Air Act and the Growth Management Act. Such schedules can result in cost savings to the City by reducing absenteeism and employee turnover. The proposed work schedules will enable employees to integrate their personal lifestyles with their profession and will enhance the City's ability to recruit and retain qualified individuals.

Washington State's Commute Trip Reduction Act was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act ("Act") (RCW 70.94.521-551). The legislature made certain findings supporting this law, including finding that "Puget Sound's I-5 corridor has the fourth worst traffic congestion in the nation, traffic jams waste fuel, increase vehicle emissions and fray motorists' nerves."

The Act's goals are to improve air quality, reduce traffic congestion, and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to the single-occupant vehicle and alternatives to the standard work day and work week.

The proposed alternate work schedules comply with the Act. Compressed work weeks eliminate travel during certain days of the week. The flex-time program removes commuters from traffic during the most congested time periods. Reducing total travel and removing commuters during congested periods will improve air quality, reduce traffic congestion, and reduce the consumption of petroleum fuels.

Available Alternative Work Schedules

Flex-time: Flex-time is a work schedule that permits flexible starting times and quitting times for employees other than the standard work day, with a standard number of core hours which must be worked. The following is the flex-time model adopted for the City of Federal Way:

FLEXIBLE TIME CORE TIME FLEXIBLE TIME

(6 am - 10 am) (10 am - 3 pm) (3 pm - 7 pm)

Compressed Work Week/Modified Compressed Work Week: Employees work a standard number of hours within fewer days during the same week, or each work day is an extra thirty (30) - sixty (60) minutes longer, with one (1) day off every two (2) or three (3) weeks. Possibilities include:

a. 4/40 - Four (4) ten (10) hour days each week.

b. 9/80 - The eighty (80) hours in a two (2) week period are scheduled over nine (9) working days. Example: The normal work day is extended by one-hour five (5) days one week and three (3) days the next week, with one regular eight (8) hour day. This produces one extra day off every two (2) weeks.

c. 14/120 - The normal work day is extended by approximately thirty (30) minutes each day, so that 120 hours in three (3) forty (40) hour work weeks are worked over fourteen (14) work days. This produces an extra day off every three (3) weeks.

Alternative schedules for non-exempt employees should be developed carefully (see Alternative Work Schedules for Non-Exempt Employees), and must comply with the Fair Labor Standards Act (FLSA).

Eligibility

All regular full-time and regular part-time employees of the City are eligible to pursue the available alternative work schedules. Final decisions for participation will be based upon an objective review of the individual circumstances and the demands of the position.

An employee with a documented performance problem may be denied their request for an alternative work schedule, depending on the nature of the performance problem.

Standards of Review

An alternative work schedule will be implemented for an eligible individual who can satisfactorily demonstrate that the proposed schedule:

a. will not materially interfere with regular business operations of the City; and

b. will not compromise the City's existing service to citizens.

Application Process

1. The interested employee will complete a standard written application, which will include the proposed alternative work schedule, the employee circumstances leading up to the request, potential problems identified and recommended solutions. Additional information may be attached to the standard application.

2. The immediate supervisor, within ten (10) working days of receiving the employee application, will complete a standard form which provides an opportunity for additional information in support of the request, or reasons the request should not be approved, and will forward the employee application and response to the department director for review.

3. The department director, within ten (10) working days, will review the application and recommend approval or denial. The application will then be forwarded to Human Resources.

4. If the supervisor and/or department director are not recommending approval, Human Resources will convene a meeting of the supervisor, department director and Human Resources Manager to discuss the application. This meeting provides a forum for negotiation, compromise and resolution of the details involved in implementing the proposed alternative schedule.

5. Within ten (10) working days, Human Resources will provide a written decision to the employee. Prior to approval, Human Resources will ensure that the proposed schedule is in compliance with the Fair Labor Standards Act (FLSA). If approved, the individual will work with Human Resources and the department to implement the approved schedule. If the application is not approved, the written decision will include the reasons for the decision.

6. The decision should be considered final. Should circumstances change significantly, the employee may submit a new request which includes the justification for reconsideration.

Trial Period

All approved applications will be implemented for a trial period, not to exceed six (6) months. At the conclusion of three (3) months, the department director and Human Resources will reevaluate the situation, and will recommend whether the alternative work schedule should or should not be continued.

At the conclusion of the trial period, the involved department director may discontinue the alternative work schedule then or at any later time, providing a thirty (30) day written notice to the employee, and including reasons for the discontinuation. If the alternative

work schedule is discontinued, the employee may submit a new application should circumstances (of the employee, the department, or position) change significantly.

Accruing and Using Sick and Vacation Leave and Holiday Pay

Sick leave and vacation leave will continue to accrue at the regular rate. When an employee takes a full day of sick or vacation leave, the time charged will be equivalent to the full number of hours the employee was scheduled to work. This compensates for actual time absent for regularly scheduled work hours.

When a paid holiday falls on an employee's regularly scheduled work day, the employee will be paid eight (8) hours of holiday pay. If the regularly scheduled work day is greater than eight (8) hours, the employee may be required to use either vacation or compensatory time earned to make up for the additional time the employee was scheduled to work in excess of the eight (8) hours of holiday pay. In lieu of using other accrued leave, the employee may have the option of working additional hours during the same pay period as the scheduled holiday.

When a paid holiday falls on an employee's regularly scheduled day off, the employee will be credited with eight (8) hours of holiday pay which may be used at a later date.

Meal Periods and Breaks

Employees are required to take an unpaid lunch break of at least thirty (30) minutes per day. Employees are entitled to a paid fifteen (15) minute break for every four (4) hours of working time. Breaks may not be accrued.

Standards

For exempt employees, work hours do not include time required for attendance at regularly scheduled evening City council meetings, any type of council committee meetings, commission meetings or related events unless current regularly scheduled work hours coincide with these events, and you are required to be in attendance at such meetings as part of your regularly scheduled work day.

Employees will schedule personal appointments (doctor, dentist, etc.) on their scheduled day off, whenever possible.

Employees may be asked to fill in on their regularly scheduled day off for employees who are absent. Supervisors and employees will provide as much advance notice as possible and will be flexible in working out an alternative schedule for the employee asked to work on their regular day off.

Note to All Employees

Changes in workload, funding, legal mandates, changing legal interpretations or other needs of the City and/or individual departments could cause the City to revise or cancel the alternative work schedule options offered at any time and without notice.

ALTERNATIVE WORK SCHEDULES FOR NON-EXEMPT EMPLOYEES

Because the City does not want to incur additional costs by allowing employees to choose alternative work schedules, non-exempt employees must select an alternative schedule which does not trigger overtime pay. This may require employees to also request a different shift or work week designation.

5.8 ATTENDANCE AND TARDINESS/ABSENTEEISM

Employees are expected, as a condition of employment, to be at work during their regularly scheduled work days. Supervisors are expected, therefore, to make sure that every employee reports to work regularly and on time.

Employees who are unable to report for work on time are to notify their department in accordance with procedures established by that department.

If the absence continues beyond the first day, the employee shall notify the supervisor on a daily basis, unless arrangements are made otherwise. An employee who is absent without notification on a scheduled work day or shift may be subject to disciplinary action.

An employee who is absent without notification for three (3) consecutive regularly scheduled work days shall be considered as having abandoned his or her job and may be terminated. Employees may be disciplined up to and including discharge for failing to report to work without notice or with insufficient notice, for excessive absenteeism or tardiness, or for other attendance and tardiness problems.

5.9 TIME REPORTING

Maintaining accurate time records is essential in computing non-exempt employee pay, ensuring compliance with applicable laws and regulations, and providing accurate cost information for the City. Each employee is responsible for completing his or her own time sheet as required.

5.10 RECORD KEEPING

Careful records of overtime and compensatory time for non-exempt employees must be maintained by the Management Services Department. These records should show the date the overtime was worked and the number of hours that were worked; the compensatory time earned if the overtime was not paid in wages; the date the compensatory time was taken and the number of hours that were used.

5.11 EMERGENCY CONDITIONS

It is the intent of the City that all City offices shall be open and in operation during established working hours. Because many City services are of primary importance during emergency or extreme weather conditions, employees should make a reasonable effort to report to work on a timely basis. Should conditions exist which would prevent

City employees from reporting to work, it will be the employee's responsibility to contact his or her department to indicate anticipated absence from work or late arrival to work.

Any regular full-time or regular part-time employee unable to report to work as a result of emergency or extreme weather conditions will be given the option of using accrued vacation or compensatory time, or taking time off without pay for time missed.

Each department is required to prepare a department emergency plan which identifies key positions necessary for continued City operations and includes primary and back-up contact persons in each department. Departments should consider place of residence of employees, and individual ability to respond. This plan will be submitted to the Emergency Operation Manager and updated annually to reflect changes in department services and personnel.

6 COMPENSATION

6.1 PAY PERIODS AND PAYDAYS

The City has two (2) pay periods each month: the first through the fifteenth, and the sixteenth through the last day of the month. Paydays have been established on the fifth and twentieth of each month. If the fifth or twentieth falls on a Saturday, Sunday or holiday, paychecks will be issued on the preceding work day. Direct deposit of paychecks is available.

6.2 SALARY ADMINISTRATION

The City Manager or his or her designee shall administer a pay plan which has been adopted by the City Council and establishes a pay range for each class in the classification plan.

The pay range for each class shall be coordinated with the classification plan based upon the range of pay for other classes, the requisite duties, responsibilities and entry level qualifications of the positions allocated in the class, the rates of pay for similar work in the public and private sectors, cost of living data, the financial policies and position of the City, and other relevant considerations.

New Employees

At the time of hire, each employee shall be advised of his or her position title and initial rate of pay, and may be given a copy of the job description for his or her position. The employee's initial rate of pay is based upon the position's pay range and the employee's relevant occupation, training and experience. New employees usually receive a salary assigned to the lower end of the range for their position when they possess the minimum required skills, knowledge and abilities. Designated City management personnel may offer a salary to a new employee at step A or B (or higher step with City Manager's approval) depending on the candidate's qualifications. Should the new employee possess more than the minimum skills, knowledge and abilities required for the position, the employee may be assigned to a pay scale between the minimum and the mid-range of the salary assigned to the position, with the recommendation of the department director, review by Human Resources, and approval of the City Manager.

Human Resources is responsible for the development and maintenance of job descriptions and salary ranges for each position within the City.

6.3 PERFORMANCE-BASED PAY PLAN

Overview of the Pay Plan

The Federal Way Performance-based Pay Plan (P3) provides a method for regular full-time and regular part-time employees to influence their annual income through their own accomplishments while the City benefits from specifying the accomplishments which are in the best interest of the citizens of Federal Way and which supports the City's overall strategic plan.

Most municipal governments offer a salary program whereby employees move through the salary range at regular steps over regular intervals so that employees reach the maximum of the salary range typically within a maximum of eight (8) years. The City pays for this program under the assumption that the employee's performance over time is increasing at this rate as well. The City finds itself committed, in many cases, to a relatively high base salary for an employee which must be paid without regard to performance.

The Federal Way City plan was developed to assure that the City receives consistently outstanding effort and that employees whose performance and overall contribution to City programs are continually outstanding receive exemplary compensation in recognition of their efforts.

Elements of the Plan

The basic premise behind performance-based pay is to compensate an employee based on his/her achievement of goals which are within the employee's area of expertise, and which are of value to the City because their achievement helps the City be successful in meeting its goals. The goals should serve to focus efforts on completion of projects and/or work which is most important for the department or division or individual to accomplish during the year. During the first year of participation in the performance-based pay plan, the number of months of eligibility should be considered when setting goals.

Features of the Plan

The salary ranges are based on a comparable public sector labor market at the 60th percentile. In other words, Federal Way salary ranges rank in the top forty percent (40%) of the market. This is based on both the City's size in relation to the market and the intent of the City Council to attract and retain the best employees available for City jobs.

The ranges are twenty-six and one half percent (26.5%) in breadth to allow for employee growth in the job and for opportunity for performance recognition.

The range is divided into five (5) steps and a portion of the range, equal to 8.48% of the A step of the range, is reserved for the performance pay element. The concept is to hold employees accountable for specific performance objectives only after sufficient seasoning in the City.

The City utilizes the last part of the salary range to reward excellence. As such, this plan constitutes a use of funds otherwise automatically granted to employees to reward the accomplishments of specific performance objectives which are set in such a way to enhance the City's responsiveness to its citizens and its Council's priorities.

The Federal Way Performance-based Pay Plan covers all regular full-time and part-time employees at all organizational levels, including department directors and Assistant City Manager classifications, but excluding the City Manager.

Structure of Pay Plan

The overall Pay Plan utilizes five (5) steps. Once a starting salary for a new employee is established, the employee moves through the range as follows:

• After one year of employment, the employee will be eligible to receive an increase if performance appraisal results are satisfactory and if recommended by the employee's immediate supervisor or department director. During this period, employees will receive an appraisal at six (6) month intervals.

• Assuming satisfactory performance, employees are eligible to move to the next step on the salary schedule at twelve (12) month intervals from the date of the initial increase until step E is attained.

• For all employees in the Performance-based Pay Plan, base salary will remain at the E step of the salary range.

• Increases to the base salary will occur only if the council approves an overall market adjustment to the entire salary schedule.

  Starting Salary

  Designated City management personnel may offer a salary to a new employee at step A or B (or higher step with City Manager's approval) depending on the candidate's qualifications. A period of at least one year passes before an employee may move to the next step in the salary range.

  The Performance-based Pay Plan

  The plan provides a lump sum payment to employees who meet their performance objectives for the year. Employees may earn an amount which equates to a total cash compensation amount up to the maximum for the salary range. The amount of the award is based on the extent to which the employee meets the objectives established for the year.

  The steps involved in this process are as follows:

  1. During the first sixty (60) - ninety (90) days of the plan year (fiscal year), the employee and immediate supervisor meet to agree on objectives to be accomplished for the year. The following are guidelines related to objectives:

  • Objectives flow down from the Council to City Manager through each management tier to the employee to assure the consistency of objectives with the overall City strategic plan such that all employees work toward the same overall priorities and objectives. The budget can be used as an indication of City goals, in addition to City Council goals. Whenever possible, goals should reflect established budget and Council goals.

  • Each objective will be measurable and, if possible, quantifiable. Goals will be deemed met if completed on or before the end of the goal period, except where other designated deadlines are critical to goal completion. For example, a summer event should be held during the summer, and production of a quarterly newsletter should be held to a quarterly deadline. At the same time, while it is recommended that time lines be established for goals, they should not be arbitrary, and if completion by the end of the goal period is appropriate, that is the time line that should be included. Again, time lines should be included, but there is discretion regarding whether the appropriate time line is the entire goal period or a shorter time span.

  • In general, each eligible employee should set three (3) or four (4) goals, however, there may occasionally be adequate justification for only setting one (1) or two (2) goals, depending on the scope of the goal(s). The goals may include team and individual goals, or may be all team or all individual. There is no maximum number of goals.

  • Goals should be jointly formulated by the employee and supervisor. Both the employee and supervisor should sign off on the goals, and the department directors have final approval.

  • A team goal is one that involves more than one person. A team can be made up of employees in one or more departments, or one or more divisions. A group does not have to come from different department or divisions in order to be considered a team.

  • Goals must be set by March 31 in order to be eligible for a P3 award for the year.

  • Each objective will be weighted in terms of overall importance with the immediate supervisor controlling the weights of the employee's individual objective. Weights of all objectives shall equal 1.00.

  • Training/classes should be included in P3 goals only if utilized to accomplish a recognized goal.

  • A performance goal will be set for each employee, with the weight ranging from .25 to .50 as determined by the department director based on the employee's position.

    The performance goal will be evaluated using the City's performance appraisal form as follows:

    Performance Goal (25%)

    • Level 1 - Achieve at least "Meets Expectations" on all applicable performance indicators = 10%

    • Level 2 - Achieve at least "Meets Expectations on all applicable performance indicators and "Exceeds Expectations" or "Superior Performance" on 30% of applicable indicators = 15%

    • Level 3 - Achieve at least "Meets Expectations" on all applicable performance indicators and "Exceeds Expectations" or "Superior Performance" on 60% of applicable indicators = 25%

      Performance Goal (50%)

    • Level 1 - Achieve at least "Meets Expectations" on all applicable performance indicators = 20%

    • Level 2 - Achieve at least "Meets Expectations on all applicable performance indicators and "Exceeds Expectations" or "Superior Performance" on 30% of applicable indicators = 30%

    • Level 3 - Achieve at least "Meets Expectations" on all applicable performance indicators and "Exceeds Expectations" or "Superior Performance" on 60% of applicable indicators = 50%

  2. Department directors should review the goals for consistency once submitted, and will be responsible and accountable for their department goals similar to performance evaluations. The P3 goals should be an extension of the performance evaluation and should promote staff development. Coordination among department directors may be required for team goals which involve more than one department.

  3. The supervisor of the employee will initiate a meeting following the first six (6) months of the P3 year to provide feedback on progress toward each objective and will assist the employee to develop action plans to improve performance.

  4. There will be an opportunity to revise goals during the year if priorities of the council, City or departments change. There must be sufficient reason for the change, and the change must be made at the time priorities shift. The employee whose goal may be affected and the supervisor of the employee share the responsibility of notifying the other that a change is necessary. If an employee's position changes, or if an employee has a new supervisor, the employee should request that his or her supervisor revisit the goals to determine whether they are still appropriate. Changes must be made in a timely manner. Retroactive changes will not be allowed.

  5. Within thirty (30) days following the twelve (12) month award period the supervisor and employee will meet to discuss goal achievement, and review documentation. The supervisor will submit an evaluation with achieved award levels indicated and documentation as necessary to support the determination. Payments under the plan will be made during the first three (3) months of the following year.

  6. The supervisor or department director will determine the total percentage of goals achieved. Human Resources will calculate the performance payment based on percentage of goals achieved and number of months of eligibility.

  7. The employee may appeal the individual awards to the City Manager in case of dispute with the supervisor.

  8. For employees who are admitted to the plan any time during the award year or who terminate employment prior to the end of the award year, the award will be prorated by the number of the months participating in the plan divided by twelve (12).

  9. Department directors participate in the plan immediately upon hire and are eligible for 8.48% above their regular monthly salary.

  10. Participation in the Performance-based Pay Program is not mandatory. An employee can choose to remain at the "E" step of the range by signing a waiver of participation. The employee would not be required to set goals, and would not be eligible to receive performance pay for that year.

  11. An employee who is participating in the P3 plan and leaves employment with the City prior to completion of the twelve (12) month award period will be eligible to receive a prorated performance award, calculated on the percentage of goals achieved and the number of months of participation.

6.4 CALL-OUT

City employees in designated positions required by the City to return to work outside of regular work hours will be entitled to call-out pay. Call-out pay for non-exempt employees (other than a continuation or early commencement of a regular shift) shall be for a guaranteed minimum period of two (2) hours. All call-out time worked outside of the individual's regular work hours shall be paid at the rate of one and one-half times the regular rate of pay for non-exempt employees.

6.5 EXTRA DUTY PAY/WORK AT A HIGHER CLASSIFICATION

Extra Duty pay may be awarded to a single individual who, for a period of time exceeding thirty (30) calendar days, assumes substantial responsibilities when assigned to substitute in a vacant position, in addition to performing the duties of the position currently held. The vacancy may be due to termination, leave of absence, extended illness or other reasons approved by the City Manager. When such an assignment extends beyond thirty (30) calendar days, the employee may receive up to a ten percent (10%) increase for the entire extra duty time. The percentage of Extra Duty pay awarded will be determined by the department director, and funding for the additional compensation will come from the department budget. The added compensation will cease when the assignment ends.

6.6 PERFORMANCE EVALUATIONS

Performance evaluations are designed to provide the employee with a record of his or her performance and to encourage professional growth. The performance evaluation process encourages employees to evaluate their own performance as well as having it evaluated by their supervisor. The final evaluation is prepared by the immediate supervisor.

Regular full-time and regular part-time new employees, transfers or promotions shall be evaluated at least once within the first six (6) months of employment in the position and a six (6) month evaluation checklist (as a minimum) will be submitted to Human Resources as a record of the informal evaluation. Each employee will receive a formal, written evaluation on an annual basis. For employees eligible to participate in the City's pay for performance (P3) plan, the annual evaluation will occur on a calendar year basis. The annual written evaluation will be forwarded to Human Resources for inclusion in the employee's file. Performance evaluations for regular employees are related to the position which the employee holds at that time. The purpose of the evaluation is to commend strengths, address areas for improvement, and discuss new challenges, career goals and objectives.

6.7 TRAVEL AND OTHER EXPENSES

Travel Away From the City

All travel away from an employee's work place must be in accordance with department procedures and established administrative policy. Approval of the department director is required for overnight travel. Travel may be by common carrier, City vehicles, or personal vehicles, as approved by the department director. Pooling of travel in passenger cars should be used whenever possible.

Travel Expense Reimbursement

City employees will be reimbursed for reasonable and customary expenses actually incurred in connection with the business of the City, including food, lodging and travel expenses while away, but excluding any expenses for alcoholic beverages. Reimbursement will be authorized by individual vouchers that will be forwarded to the Management Services Department for processing.

Requests for reimbursement shall be submitted on an expense report form signed by the employee and the supervisor. Approved expenses are reimbursed through the normal accounts payable process established by the Management Services Department.

6.8 SEVERANCE PAY

Conditions may arise which necessitate the dismissal of an employee or a decrease in the work force. Severance pay may be paid to a regular full or part-time employee who has completed at least six (6) months of service, when the City Manager determines that the employee is inappropriately and/or ineffectively placed in the organization and that no suitable alternative placement is available. Severance pay is a lump sum payment made on the final paycheck. Payment will not be considered to be salary for purposes of calculating PERS entitlement, but is subject to federal income tax withholding and Federal Way Retirement System contribution.

7 BENEFITS

7.1 RETIREMENT

State Retirement System

All City employees in eligible positions are required to participate in the State of Washington's Retirement System (PERS or LEOFF). A PERS eligible position is one which normally requires at least seventy (70) hours of work per month for five (5) months during any twelve (12) month period. Eligibility for participation will be determined at time of hire, and will be reviewed periodically and revised as required. Participating employees shall pay any required amounts toward the contribution costs through payroll deduction. The City shall also make appropriate contributions required by state law. For further details or possible changes, consult the state statutes and other materials summarizing the Retirement Systems.

Federal Way Retirement System

The City of Federal Way Retirement Plan is a defined contribution plan provided to regular full-time and regular part-time employees of the City of Federal Way in lieu of Social Security. All eligible employees of the City will be required to participate. The City and employee contributions are consistent with the Social Security rate and limitations on total compensation. Contributions into the plan will not be subject to federal income taxation as is the case with Social Security contributions. A portion of the City's contribution will be used to purchase long term disability, survivor benefits and death benefits.

Retirement Benefits

Employee contributions will always be one hundred percent (100%) vested.

Employer contributions are subject to a five ( 5) year vesting schedule shown below:

End of Year 1 20%

2 40%

3 60%

4 80%

5 100%

Investments

The Board of Trustees, consisting of the City Manager, or his or her designee, and six (6) employees elected to staggered terms, directs the investment of contributions of the plan.

7.2 HEALTH AND WELFARE PLANS

Regular full-time and regular part-time employees, who work at least 20 hours per week, and their dependents are eligible to participate in the City's various insurance programs.

The programs and eligibility criteria are explained upon hire. The City provides a monthly premium amount and the remainder, if any, shall be paid by the employee through payroll deduction. The City reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees.

Medical Insurance

The City offers eligible employees a choice between at least two medical plans, including an indemnity plan and an HMO plan.

Dental Insurance

The City provides eligible employees and their dependents with dental insurance.

Vision Insurance

The City provides eligible employees and their dependents with vision insurance.

Life Insurance

As part of the Federal Way Retirement System plan, a life insurance policy, equivalent to one-times annual salary, is provided to eligible employees, and survivor benefits are provided to spouse and/or children. Voluntary life insurance is also available to eligible employees.

Long-Term Disability

As part of the Federal Way Retirement System plan, the City provides a long-term disability plan for eligible employees.

Accidental Death and Dismemberment

As part of the Federal Way Retirement System Plan, the City provides an accidental death and dismemberment plan for eligible employees.

Extended Health Benefits

In compliance with COBRA (Consolidated Omnibus Budget Reconciliation Act), the City offers continuing health care coverage on a self-pay basis to employees and their dependents following termination (for reasons other than gross misconduct), a reduction in hours, retirement or death. These health benefits will be identical to the coverage offered to regular employees. For terminated employees or employees whose hours are reduced below that of a regular employee, the coverage may last up to eighteen (18) months or until they become eligible for other health insurance coverage, whichever is earlier.

In the event of the employee's retirement, divorce, separation or death, the coverage may last up to thirty-six (36) months for the employee and/or qualified beneficiary. The full policy monthly premium plus a two percent (2%) administration fee will be paid by the employee or the beneficiary to the City or designated benefit administrator. The employee or beneficiary may waive all rights to continuation coverage according to notification procedures and time limits outlined in the continuation coverage "Notification of Rights" letter.

7.3 WORKER'S COMPENSATION

All employees of the City are insured in a state insurance program which is designed to protect them against medical costs from on-the-job accidents and injuries and for work time lost as a result of such accidents or injuries.

All accidents and on-the-job injuries must be reported to a supervisor. That supervisor shall direct the injured employee to seek immediate medical treatment if necessary, and shall be responsible for reporting the injury to Human Resources. The supervisor shall also be responsible for ensuring, as soon as physically possible, that the injured employee completes the Washington State Labor and Industries form for reporting the accident.

Unless otherwise required by State law, the procedure for worker's compensation time loss payment/reimbursement will be as follows:

If the job-related injury or illness requires the employee to be absent from work, the time the employee is unable to work will be charged to sick leave. At the option of the employee, when and if his/her sick leave is exhausted, compensatory time or accrued vacation leave may be used.

If the job-related injury or illness requires the employee to be absent from work for more than three (3) consecutive days, State Industrial Insurance (Worker's Compensation) will begin to pay time loss compensation according to a set formula based on marital status and number of dependents. Employees cannot use sick leave and receive worker's compensation at the same time, because this results in a "double payment." Employees must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, an employee can only "buy back" a percentage of the leave used with that money, however, the employee will not suffer the income loss that occurs when he/she only receives worker's compensation benefits. When an employee receives a worker's compensation time loss check, he/she should turn the check over to payroll. Based upon the employee's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify an employee when all available sick leave and/or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until he/she is able to return to work. The City will continue to pay its portion of the health insurance premiums for up to six (6) months while an employee is receiving worker's compensation time loss payment (whether using it to "buy back" leave or keeping it)

An employee who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the employee is able to resume his or her job duties, or specifying limits on duties which can be performed.

For additional information, see section 10 - Safety and Security.

7.4 TRAINING AND EDUCATION ASSISTANCE

Training/Education Assistance

The City of Federal Way recognizes the fact that obtaining sufficient job training improves an employee's ability to perform his or her job. It is the City's intent to encourage employees to obtain additional training and education which will facilitate their advancement in City employment and will be consistent with the best interests of the City. There are three (3) types of employee training that will be sponsored by the City of Federal Way. They are:

1. Mandatory safety procedures and other job skills. This category may include courses in first aid and defensive driving as well as instruction on the use of the City's telephone and mail systems and photocopiers.

2. Employee development. Training of this sort may include specialized accounting and computer skills, effective communication skills, supervisory skills, and other courses that enhance an employee's ability to perform his or her job. It may also include professional/management development courses such as those comprising the Cascade Management program.

3. Post high school or vocational courses leading to a degree that is relevant to the employee's position or promotional opportunities within the City.

Employee Training and Development

Supervisors and employees will develop an individual training plan to include necessary and desired training in categories one (1) and two (2) listed above.

Human Resources may develop training programs to meet City-wide needs when it is determined such programs will improve the efficiency or effectiveness of the services rendered by City employees. Employees shall be compensated for any time spent in such training sessions during regular working hours. The cost of such training and development courses may be paid out of the City-wide training budget, or may require department funding for employees who attend. In general, costs for training sessions approved by the department but not sponsored by the City and held away from City facilities will be paid out of individual department training budgets.

Employees shall not be compensated for any time spent at training sessions held outside of the employee's regular working hours unless attendance at the training session was mandatory, the employee was required to perform productive work, or the training session was directly related to the employee's current position and compensation was pre-authorized by the immediate supervisor.

Education Assistance

Consideration of requests by an employee for education assistance (the type of training described in category three [3] above) is dependent upon budgetary constraints and the relevance of the course and/or the degree being pursued to the employee's position or line of promotion. Only courses taken through an accredited college, university or vocational training which are relevant to the employee's current position or in the direct line of promotion will be considered for reimbursement. Eligible courses should also provide technical knowledge or skill that will improve the employee's ability to perform on the job.

Regular full-time and regular part-time employees who have completed six (6) months of employment are eligible to apply for education assistance to pay for a maximum of two (2) courses per quarter to improve their current and future job-related skills, knowledge and abilities. In order to obtain the reimbursement authorized, the employee must successfully complete the course attaining a "C" grade or better (2.0 or above on a 4.0 scale) or a "Pass" in a Pass/Fail course. It is anticipated that course work will be undertaken during non-work hours. Flexible working hours may be allowed by the department director to accommodate the employee's class schedule.

The reimbursement rate will not exceed the lesser of either eighty percent (80%) of the actual tuition cost for the course, or eighty percent (80%) of the Washington public university in-state tuition rate for an equivalently credited course (based on UW per credit rates for quarter courses and WSU per credit rates for semester courses) and based on undergraduate or graduate credit rates as appropriate. The maximum reimbursement amount will be $1,500 per calendar year per employee. If standard reimbursement rates are used instead of actual, the rates will be those in effect when the course is considered for reimbursement by the board. In determining the reimbursement amount, the review board may consider factors including funding availability and total requests, allocation among departments, prior reimbursement to the employee, the relevance of the specific course to the position currently held, etc. Reimbursement requests must be submitted within three (3) months of completion of the course. Reimbursement will not be allowed for books, lab fees, travel expenses, material or other costs. Employees accepting education assistance agree to repay to the City the amount of assistance received if they do not remain in the City's employ for one year following completion of the course for which reimbursement is received.

"Request for Education Assistance" forms are available from Human Resources. Upon the department director's approval of course eligibility, the employee's request for education assistance will receive budget review by a review board composed of the City's Human Resources Manager or designee, a representative from the Management Team appointed by the City Manager, and two (2) elected representatives from the general employee group. The Human Resources Manager or designee will convene the committee on a quarterly basis to review requests and budget resources. The board will allocate funds on a quarterly basis. Any money not allocated in the previous quarter will move forward to the next quarter budget.

7.5 EMPLOYEE ASSISTANCE PROGRAM

The purpose of the City Employee Assistance Program is to establish a voluntary program of professional and confidential counseling and assistance to regular full-time and regular part-time employees whose job performance, health, or well-being are adversely affected by personal problems. The City recognizes that a wide range of personal problems, such as emotional or mental stress, marital or financial difficulties, or

drug or alcohol dependency, can affect an employee's performance. These problems may or may not be caused by or related to the individual's responsibilities as an employee, but nevertheless, they have an effect on work performance, safety, or overall welfare of that employee, co-workers, and the City. Many times the employee is able to overcome these problems independently, once the fact that work performance is being affected is brought to his or her attention. However, in other instances, professional assistance may be needed to aid the employee in recognizing and overcoming personal difficulties.

In an effort to provide a means for assisting employees and their families in identifying, beginning to deal with, and hopefully overcoming problems of this nature, the City has established an Employee Assistance Program (EAP). The program is designed to allow the employee and his or her family to voluntarily and confidentially seek professional assistance from an independent counseling service. An EAP agency is an independent agency which provides professional and confidential diagnostic, counseling and referral service to City employees and their families by contract and at no cost to the employee.

When work performance problems are identified and cannot be corrected by the supervisor through normal corrective actions, use of the EAP will be suggested by the supervisor. The existence of non-work related personal problems does not release the employee from the responsibility to perform his/her job responsibility satisfactorily. Participation in the EAP will in no way jeopardize an employee's professional status, job security or promotional status. Utilization of the EAP agency during normal working hours will be subject to the use of sick leave.

The employee and his or her family may choose to use the agency's services independently without the suggestion of a supervisor. The self-initiated contact between the employee, his or her family and the agency will be confidential and records are not accessible to either the supervisor or the City. The EAP agency will provide up to three diagnostic sessions and, if necessary, a referral to potential service agencies for specific treatment. Coordination of medical benefits for the additional counseling or referral assistance by the EAP is determined by the medical plan covering the individual employee. Questions concerning insurance coverage can be referred to Human Resources.

8 LEAVES

8.1 SICK LEAVE

Sick leave is hereby established to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, a spouse's health condition or for a dependent child (including dependent step-child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision as more particularly established in Chapter 296-130 of the Washington Administrative Code (WAC). Sick leave may also be used for the care, treatment and preventative health care of the employee and dependents. Up to 40 hours of sick leave may be used per calendar year to care for an employee's parent with a serious health condition meeting the criteria for leave under the Federal Family and Medical Leave Act of 1993 (FMLA).

Sick leave has been established for the benefit of both the employee and the employer, but no vested right to sick leave is guaranteed by the City. In the event that abuse of sick leave is suspected or excessive absenteeism or tardiness occurs, or after three (3) consecutive days of sick leave, an employee may be required to provide medical certification from his or her health care provider. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary action, up to and including termination.

Accrual

Sick leave shall be accrued by regular full-time employees at the rate of eight (8) hours per month.

Regular part-time employees shall accrue sick leave on a pro-rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week.

No employee may accrue more than seven hundred twenty (720) total hours. When this maximum is reached, an employee shall no longer accrue sick leave.

Bonus Day

Employees who, during the twelve (12) month calendar period, defined as January 1 through December 31, do not use sick leave, will receive eight (8) hours vacation pay. Employees hired after January 1 will not be eligible until they have satisfied the above definition of a calendar year. An employee whose only use of sick leave was a donation of accrued sick leave as provided under the City's guidelines for shared leave is eligible to receive the bonus day.

8.2 FAMILY LEAVE

Pursuant to provisions of the Federal Family and Medical Leave Act of 1993, an employee who has been employed by the City for twelve (12) months and has worked at least 1,250 hours in the past twelve (12) months is entitled to up to twelve (12) work-weeks of unpaid leave per year to care for a child, spouse, or parent with a serious medical condition, or for serious personal illness. The twelve (12) weeks may be scheduled intermittently or used through part-time leave, when the basis for leave is

medical difficulties. For purposes of calculating leave availability, the "12-month period" is a rolling 12 month period measured backwards from the date you use any FMLA leave. The employee will be required by the City to use accrued and unused sick leave, vacation leave and/or compensatory time in accordance with City policy to offset loss of pay during the leave.

Leave may be taken to care for a new child by birth, adoption, or foster care, or for a child, spouse, or parent with a serious illness, or for personal serious illness requiring inpatient or continuing treatment. An employee must give at least thirty (30) days notice when planning to take the leave, except in emergencies.

The City will continue to contribute its portion of the medical insurance premiums during the leave. If the employee does not return to work, the City may recover the premiums paid during the leave unless the failure to return is beyond the employee's control. Vacation and sick leave accruals will not continue during any unpaid leave. Employees who return to work at the end of the twelve (12) weeks of leave will be returned to the same or an equivalent job at the same pay, however, employees remain subject to legitimate job changes or layoffs that would have occurred even if they had not been on leave.

Under Washington State law, employees are entitled to twelve (12) weeks of unpaid leave to care for a newborn child, in addition to time off for any period of actual disability with pregnancy or childbirth. The City is not required to continue to pay its portion of medical insurance beyond the twelve (12) week FMLA leave entitlement.

8.3 VACATIONS

Vacation leave is hereby established for the mutual benefit of the employer and the employee. The purpose of vacation leave is to provide employees with adequate time away from work and to provide the City with well-rested and efficient employees.

Accrual Time

Full-time employees shall accrue vacation at the following rate:

• Initial hire through the fifth complete year of continuous employment - eight (8) hours per month.

• After five (5) full years of continuous employment - ten (10) hours per month.

• After ten (10) full years of continuous employment - twelve (12) hours per month.

  Regular part-time employees shall accrue vacation leave on a pro-rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week. Vacation leave may be used as soon as it is accrued.

  Maximum Accrual

  The maximum vacation accrual that will be paid upon termination or carried forward at year end will be 240 hours.

8.4 HOLIDAYS

The following eleven (11) holidays are hereby established:

New Years Day

Martin Luther King, Jr. Day

Presidents' Day

Memorial Day

Independence Day

Labor Day

Veterans' Day

Thanksgiving Day

The day after Thanksgiving

Christmas Day

Floating Holiday

The floating holiday must be used during the current calendar year. No unpaid holiday will be carried over to the following year, and no unpaid floating holiday will be paid out upon termination of employment. These holidays are established on the dates set by state law provided, however, the City Council reserves the right to amend its holidays as provided for by state law.

Any hours worked by non-exempt employees on Thanksgiving or Christmas will be paid at one and one half times the regular rate of pay. Non-exempt employees who work any other holiday shall be paid at the regular rate of pay, pursuant to FLSA overtime requirements, in addition to the holiday pay, or will be entitled to receive another eight (8) hour day off during the remaining calendar year as a holiday, which day shall be approved by the appropriate supervisor. Exempt employees required to work on a holiday may take another eight (8) hour day off as a holiday during the remaining calendar year, upon approval of the appropriate supervisor.

Regular part-time employees are paid holiday hours on a pro-rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week (i.e. a twenty (20) hour/week employee would be paid four (4) hours for an established holiday).

Religious Holidays

If an employees religious beliefs require observance of a holiday not included in the holiday schedule, the employee may, with his or her department directors approval, take a day off using vacation, compensatory time, a floating holiday, or leave without pay.

8.5 JURY DUTY AND WITNESS LEAVE

The City acknowledges that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. Regular full-time and regular part-time employees will be provided leave with pay when summoned to serve as jurors or subpoenaed witnesses, unless appearing as a plaintiff or defendant in legal action against the City. Regular full-time employees are eligible for up to 40 hours paid leave per jury duty summons, and regular part-time employees are eligible for the number of hours equivalent to their regular work week. Compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as wages from the City.

The City shall have the right, at the City's expense, to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel.

8.6 FUNERAL LEAVE

A regular full-time employee may take up to twenty-four (24) hours of funeral leave for a death in the employee's immediate family (see section 2.11). With department director approval, up to fifty-six (56) additional hours of sick leave may be utilized in these situations, for a total absence of eighty (80) hours (two (2) regular work weeks).

Under unusual circumstances, the City Manager or his/her designee may construe more broadly this definition to other persons living within the employee's household, to others related to the employee by blood or marriage, or to established relationships having attributes to familial ties.

With department director approval, a regular employee may use sick leave, not to exceed eight (8) hours, to attend the funeral of close friends or other relatives.

Funeral leave is provided for regular part-time employees on a pro-rated basis in the same percentage as the employee's average weekly scheduled hours related to a forty (40) hour week.

8.7 LEAVE OF ABSENCE - GENERAL

A personal leave of absence is a privilege the City may extend to qualified regular full-time and regular part-time employees for specific periods of time under certain circumstances. It allows an employee to take time off from work for personal reasons, or to fulfill a military obligation in excess of fifteen (15) calendar days per year (see also 8.9 Military Duty). All such leaves are taken without pay.

A leave of absence must be requested in writing and submitted to the employee's immediate supervisor and department director for a recommendation as soon as the need for such a leave is known. The department director shall then forward the request to Human Resources for review. Only the City Manager may grant or deny any leave requested. All leaves granted are without pay. The employee may request or may be requested by the City to use accrued vacation or compensatory time to offset loss of pay during the leave. No benefits such as vacation or sick leave are earned while on unpaid leave. Employees on leave may return early from leave if they notify the supervisor in

advance. Failure to return from leave on or before the agreed upon date, however, will result in termination.

An unpaid leave of more than thirty (30) calendar days will affect an employee's performance and salary review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence.

An employee will normally be assured of returning to his or her position for a leave of absence of one hundred eighty (180) days or less in duration. Because of staffing requirements, however, it may be necessary to fill the current position for a leave of absence in excess of one hundred eighty (180) days. In this event, efforts will be made to place the employee in an available, open, comparable position.

During any unpaid leave ninety (90) days or less, an employee may continue his or her group insurance coverage by prepaying on a monthly basis the premium plus two percent (2%) during any affected period of the leave.

Sick leave accrual shall not be used for non-medical leaves of absence.

8.8 LEAVE OF ABSENCE - MEDICAL

Medical leaves of absence may be granted for regular full-time and regular part-time employees who are unable to perform their job duties due to an illness or an accident and who are ineligible for or have exhausted FMLA leave. This medical leave of absence requires a doctor's certification and cannot exceed one hundred eighty (180) days total, including any FMLA leave. During medical leave, the employee may receive previously earned sick pay and earned but unused vacation benefits. A written request for a medical leave of absence must be returned to the department director along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. A medical leave of absence may be extended, upon a written request, accompanied by an explanation from the employee's doctor of the need for an extension period. Even with an extension, however, a medical leave cannot exceed one hundred eighty (180) days total, including FMLA leave.

Employees returning from a medical leave of absence must provide a doctor's written certification of their ability to return to work. The City reserves the right to require an examination by a doctor of the City's choice. Employees returning from a medical leave of one hundred eighty (180) days or less return to the same position or a similar position of like pay or status, provided however, that the employee remains subject to legitimate job changes or layoffs that would have occurred even if they had not been on leave.

During a paid medical leave of absence, the City will pay its portion of the employee's medical insurance premiums for up to six (6) months total, including during paid or unpaid FMLA leave.

An unpaid leave of more than thirty (30) calendar days will affect an employee's performance and salary review dates. These days will be adjusted forward until the

employee has completed as many days of continuous employment as the length of the leave of absence.

8.9 MILITARY DUTY

An employee who is a member of the Washington National Guard or a federal military unit is entitled to leave from his or her duties for up to fifteen (15) work days each calendar year (using an October 1 to September 30 year) for official military duty in accordance with RCW 38.40.060. "Day", for purposes of this section, shall be defined as a twenty-four hour period. Such leaves are in addition to any other leave or vacation benefits. During the fifteen (15) work day period of military duty, the employee shall continue to receive his or her normal rate of pay.

An employee who is called to or volunteers for service with the armed forces of the United States or the Washington National Guard, may be entitled to reinstatement in his or her position upon completion of service, pursuant to state and federal laws.

An employee promoted or hired to fill a vacancy created by a person on military leave is appointed to the position subject to the return of the absent employee. Upon such return, a promoted employee is restored to his or her original position or an equivalent position subject to the provisions of state and federal law.

Active Military Duty Shared Leave

The intent of this shared leave provision is to provide short-term financial stability to allow an employee to adjust to a different income and benefit level under military pay.

Any employee who is ordered to report for active military duty for a significant military event such as "Operation Enduring Freedom: as determined by the City Manager and is unable to perform the duties of his or her City position may be eligible to receive donated hours. This may include an employee who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard and their reserves; the Army and Air National Guards, the Public Health Service commissioned corps, and other categories designated by the President in a time of emergency.

Any regular full-time or part-time City employee may donate accrued vacation leave hours to provide financial assistance to employees who are called to active military duty and who are unable to perform the duties of their position.

Donations of leave shall be in hourly increments. Vacation leave shall be transferred on a dollar for dollar basis. The value of the leave shall be determined at the current hourly wage of the donator and the leave available to the receiving employee shall be calculated at the receiving employee's wage.

An eligible employee may receive up to 50% of their regular pay per pay period as shared leave to supplement military pay for a total not to exceed 100% of their regular pay. The employee must turn over military paycheck stubs to the City so the City can determine the correct supplemental pay and donated leave amounts. An employee can receive shared leave for active military duty for up to six (6) consecutive pay periods.

While receiving shared leave, the City will continue to pay its portion of the employee and family health insurance benefits, and the employee will pay his or her portion. Employees will not accrue vacation, sick leave or other leave benefits while receiving shared leave. Other regular benefit deductions, such as retirement, will continue and will be based on the amount of pay received or number of hours of shared leave paid as appropriate. Continuation of optional benefits deductions is at the discretion of the employee receiving active military duty shared leave.

Any donated leave of less than $100 value which is unused because an employee returns to work will be forfeited and used to cover the costs of administering the shared leave program. If the value of unused donated leave exceeds $100, the unused leave will be returned to the donors on a pro rata basis, proportional to the donation, to the extent administratively feasible.

8.10 SHARED LEAVE

The purpose of shared leave is to permit regular full and regular part-time employees of the City, at no additional cost to the City other than the costs of administering the program, to come to the aid of a fellow City employee. A department director, with the City Manager's approval, may permit an employee to receive shared leave if all of the following conditions are met:

• The employee suffers, or has an immediate family member (see section 2.11) suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the City; and

• The employee has completed one year of employment with the City or has sustained an on-the-job injury; and

• The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave; and

• Prior to the use of shared leave, the employee has abided by the City's sick leave policy; and

• When appropriate, the employee has diligently pursued and is found to be ineligible for other disability benefits; and

• The use of shared leave will not significantly increase the City's costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the employee's department.

  The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Unless otherwise approved by the department director and the City Manager an employee's eligibility to receive shared leave will be limited to the highest total number of hours of their own sick leave balance in the 12 months prior to the shared leave request, so that the employee is eligible to receive a "match" to their own accrued sick leave bank. An employee shall not receive more than the equivalent of one-half of the number of hours in their typical work year as shared leave throughout his or her employment. To the extent possible, shared leave should be used on a consecutive basis.

  Employees may request their department director to approve the transfer of a specified amount of accrued vacation leave, comp. time or sick leave to an employee who is authorized to receive shared leave. In order to be eligible to donate accrued vacation leave, an employee must have a total of more than eighty (80) hours of accrued leave, have taken at least eighty (80) hours of vacation leave within the calendar year, or have a total of used and accrued leave of more than eighty (80) hours for the calendar year. There is no limit to the number of hours of comp. time an employee can donate.

  Unless otherwise approved by the department director and City Manager, to be eligible to donate sick leave, an employee must have at least one hundred (100) hours of accrued sick leave after the donation of leave, and may only donate a maximum of eight (8) hours of sick leave per incident of shared leave need.

  Donations of leave shall be in hourly increments. The department director shall not transfer vacation leave in excess of the amount specified in the request. All donations of leave shall be voluntary. The department director shall determine that no significant increase in City costs will occur as a result of a donation of leave.

  While an employee is on shared leave, he or she will continue to be classified as a City employee and shall receive the same treatment, with respect to salary and benefits, as the employee would otherwise receive if using other paid leave.

  All salary and benefit payments made to the employee on shared leave shall be made by the department employing the person using the shared leave.

  The employee's salary rate shall not change as a result of being on shared leave, nor, under any circumstances, shall the total of the employee's salary and other benefits, including but not limited to State Industrial Insurance or any other benefit received as a result of payments by the City of an insurer, health care provider, or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status.

  Vacation leave and comp. time shall be transferred on a dollar for dollar basis, sick leave shall be transferred on an hour for hour basis. The value of the leave shall be determined at the current hourly wage of the transferor and the leave available to the receiving employee shall be calculated at the receiving employee's wage.

  Human Resources shall be responsible for computing the values of donated leave and shared leave. Payroll shall be responsible for adjusting the accrued leave balances to show the transferred leave. Records of all leave time transferred shall be maintained in the event any unused time is returned at a later date. The department director shall determine when shared leave is no longer needed, based on a medical certification. The value of any leave transferred which remains unused shall be returned at its original value to the employee or employees who donated the leave. To the extent administratively feasible, the unused leave shall be returned on a pro rata basis, proportional to the donation, but in no case will exceed the original number of hours donated.

  Human Resources shall monitor the use of shared leave to insure equivalent treatment for all employees of the City. Inappropriate use or treatment of the shared leave provision may result in the cancellation of the donated leave or use of shared leave. In no event shall any unused shared leave be paid to the employee receiving shared leave in the event of leaving City service.

  As with all other provisions of these guidelines, the City in its sole discretion may amend or cancel this program at any time.

8.11 ADMINISTRATIVE LEAVE

In certain circumstances, the City may choose to place an employee on paid administrative leave pending City investigation, for a period of time determined by the City.

When an employee is placed on paid administrative leave, the employee's work station is his or her residence. The employee is therefore required to be at home and available for contact by phone from 8:00am to 4:00pm Monday-Friday unless leave has been requested and approved by the employee's supervisor.

8.12 SABBATICAL LEAVE

The purpose of sabbatical leave is to promote renewal and rest for longer term service, management level employees of the City. After completion of each ten (10) year period of regular employment with the City, designated employees are eligible for four (4) weeks of sabbatical leave, using two (2) weeks of accrued vacation and two (2) weeks of paid sabbatical leave.

Regular full-time and regular part-time management level employees paid at range 46 or above are eligible if they have completed ten (10) years of service, and if job performance has been satisfactory, as indicated on their most recent performance review.

The four (4) weeks must be taken at one time, and may be combined with additional vacation leave, subject to staffing needs and approval by the City. Sabbatical leave must

be taken within two (2) years of eligibility or the leave is forfeited. Regular pay and benefits continue during sabbatical leaves, however employees do not receive an extra day off if a holiday falls during the paid sabbatical leave. No sabbatical leave will be paid to an employee at termination.

Requests for sabbatical leave should generally be received at least ninety (90) days in advance. Employees must provide a written request for sabbatical leave and obtain approval of the department director and City Manager. Scheduling will be administered by each department. It is the employee's responsibility to develop a plan, for department director approval, to provide coverage for the position during a sabbatical leave. This should be done well in advance (6-12 months, if possible) of the leave date. For record keeping purposes, and to ensure consistent administration, the employee should coordinate with Human Resources prior to the leave.

Due to the hiring of a large number of employees over a short period of time during the implementation of the Public Safety Department, the City at its sole discretion may adjust the scheduling requirements for the Public Safety Department by extending the two (2) year period of use of the leave prior to forfeiture and/or by some other method, based on the needs of the department.

EMPLOYMENT PRACTICES

9.1 CODE OF CONDUCT

All employees are expected to perform their job duties and to exercise good judgment, loyalty, common sense, dedication and courtesy in the performance of those duties, and to comply with the provisions of these guidelines, department directives, policies and procedures, and the City's Code of Ethics. The primary mission of each employee is to provide courteous, orderly, efficient and economic delivery of services to the citizens consistent with the City's rules, regulations, applicable laws and the general goals and targets of the City. Failure to meet these expectations may establish cause for discipline.

The following are examples of types of behavior which may result in discipline. This is by no means an exhaustive list, but merely illustrates the type of behavior not consistent with the general code of conduct expected of employees:

1. Drinking alcohol, use of illegal drugs, abuse of non-prescription or prescription drugs or other controlled substances on the job, or arriving on the job under the influence of or while in possession of alcohol, illegal drugs or other controlled substances.

2. Insubordination

3. Violation of a lawful duty.

4. Dishonesty.

5. Conviction of a felony or misdemeanor involving moral turpitude.

6. Habitual absence or tardiness for any reason.

7. Absence from work without first notifying and securing permission from the appropriate supervisor.

8. Inability, refusal or failure to perform the duties of the assigned job.

9. Misappropriation or illegal use of City supplies, equipment, or time for personal use or gain.

10. Violation of the duties or rules imposed by this manual or any other City rule, regulation, administrative order or applicable state law.

9.2 PERSONAL APPEARANCE AND DRESS

Employees shall wear appropriate attire for their position and department. Most City jobs involve contact with the public and other employees. Dress, grooming, and hygiene standards which are compatible with a professional, business-like atmosphere and which demonstrate respect for co-workers should be observed. A neat and presentable appearance is required at all times while on the job and representing the City of Federal Way.

Should uniforms, safety apparel, or equipment be required for a particular position, they will be provided at City expense as provided for in administrative regulations. Except for exigent circumstances, uniforms identifiable with the City of Federal Way shall only be worn during hours of work or duty.

9.3 TOBACCO USE

Use of tobacco products is prohibited at all times in City facilities, City vehicles, and equipment. This shall apply in all enclosed work and common area, whether in enclosed individual or shared office spaces, and shall apply to all persons who visit in closed work and common areas, including all officers, employees, contractors, or visitors during all hours and days of the year.

9.4 LOST AND FOUND ITEMS

A City employee who finds any lost item(s) on City property and/or in the performance of his/her job duties is required to turn in the found items to his/her supervisor. All found items will be tagged with information regarding the location and date found and will be held in a central location in each City facility for sixty (60) days. After sixty (60) days, any unclaimed items will be donated to a charitable organization.

9.5 WORKPLACE PRIVACY

The City regards desks, computers, file cabinets and files, furniture, lockers, work spaces and other personal property, as well as data, programs and other property acquired by, developed for or located in any City facility, either in printed or digital format, as City property. The City reserves the right to inspect the same if, in its sole discretion, it determines that there is a security, health, or other appropriate reason to do so. Such reasons may include, without limitation, the following: the need to locate City property; health or safety concerns; reasonable suspicion of work-related misconduct; termination of employee; or for other work-related purposes.

Electronic mail ("E-mail") communications generally constitute public records and as such, employees should not expect or assume any privacy regarding the content of E-mail communications. All messages are the City's records and are the property of the City. The City reserves the right to read, use and disclose E-mail messages. Even after an E-mail message has been deleted, it can still be possible to retrieve it.

9.6 INTERNET USE POLICY

Purpose

To establish basic guidelines for the appropriate use of the Internet and to ensure that Internet use among City employees is consistent with City policies, all applicable laws, and the individual user's job responsibilities.

Background

• The Internet is a tool which may be provide to authorized employees, at the City's discretion, for use in City business. It contains many useful features, including e-mail to non-City resources and access to research materials. The Internet can also be misused in a variety of ways, including without limitation:

• Downloading files that contain viruses, endangering City information systems;

• Accessing objectionable material;

• Wasting work time by performing unauthorized research or accessing non-business related information and people;

• Misrepresenting an individual's opinion as City policy.

  Individual Responsibilities

  Internet users are responsible for complying with this and all other City and department policies when using the City's resources for accessing the Internet. Violation of this policy or of applicable City and department policies is grounds for disciplinary action as defined in the Employee Guidelines.

  General Policies

• Internet access and the software and hardware for that access must be authorized by the City Manager or his or her designee. All Internet users must sign an Employee Consent and Privacy Waiver prior to authorization. Information Systems will keep a log of employees accessing the Internet which will be periodically audited.

• Individual departments may set additional rules or guidelines for Internet use consistent with the following general policies:

• An employee's rights while using the Internet via City resources does not include the right to privacy. The City reserves the express right to monitor and inspect the activities of the employee while accessing the Internet at any time. In addition, all software, files, information, communications, and messages downloaded or sent via the Internet using City resources are the City's records and property of the City.

• Information Systems and/or department directors reserve the right to remove any employee from Internet access for violation of applicable City or department policies.

• Internet use via City resources is for City business. Internet access is limited to working hours unless after hours access is expressly given by the department manager and a record is kept with Information Systems. Reasonable non-commercial personal use of the internet may be allowed provided it does not interfere with work. Employees are encouraged to limit their personal use of the internet to breaks and lunch hours.

   

• Internet use must comply with applicable laws and City policies including but not limited to all federal and state laws, and City policies governing sexual harassment, discrimination, intellectual property protection, privacy, public disclosure, confidentiality, misuse of city resources, information and data security.

• All Internet use must be consistent with the City's Employee Guidelines and Code of Ethics.

• In order to prevent potential City liability, it is the responsibility of all internet users to clearly communicate to the recipient when the opinions expressed do not represent those of the City of Federal Way.

• The safety and security of the City's network and resources must be considered at all times when using the Internet. Any programs from a non-commercial source (i.e., software that is not purchased in original diskette or CD ROM format) or which involve executable or binary files must not be downloaded or installed unless properly scanned for viruses. (Training and procedures are available through Information Systems.)

• Resources of any kind, for which there is a fee, must not be accessed or downloaded without approval from supervisor.

• Public access databases (e.g., World Wide Web servers, File Transfer Protocol servers) must not be created or implemented without prior approval by system administrator.

• There is a wide variety of information on the Internet. Some individuals may find information on the Internet offensive or otherwise objectionable. Individual users must be aware that the City has no control over available information on the Internet and cannot be responsible for the content of information.

  Prohibited Uses of the Internet

  The following examples include, but are not limited to, prohibited uses of the Internet:

• Solicitation - use of the Internet to purchase or sell non-business items through advertising.

• Discrimination/Harassment - use of the Internet to send harassing messages, derogatory comments, or unlawful discriminatory messages related to age, color, sex, religion, or creed.

• Political - use of the Internet for partisan political purposes.

• Aliases/Anonymous messages/Misrepresentation - use of aliases or transmission of anonymous messages; additionally, Internet users must not misrepresent their job titles, job descriptions, or positions in the City.

• Misinformation/Confidential Information - release of untrue, distorted, or confidential information regarding City business.

• Viewing/Downloading of Non-Business Related Information - accessing, viewing, downloading, or any other method for retrieving non-business related information, includes, but is not limited to, entertainment sites, pornographic sites, chat rooms, bulletin boards, or news related sites.

• Copyrights - unlawful reproduction or distribution of copy righted information, regardless of the source.

10 SAFETY AND SECURITY

10.1 IDENTIFICATION

Upon employment with the City, eligible employees will be issued identification cards. The card identifies the employee by position, department, and physical description.

The card is to be carried at all times when an employee is acting in an official capacity. The card should be used as identification, if requested by a member of the public or another employee.

Unauthorized or inappropriate use of the employee identification card is prohibited and may result in disciplinary action.

Human Resources is responsible for preparation of the identification card. If a card is lost, damaged or destroyed, it should be immediately reported to Human Resources. Identification cards must be returned to Human Resources when an employee terminates employment.

10.2 SAFETY

The City believes in a safe and healthy environment for its employees, customers and volunteers. We will establish and maintain a safety management program consistent with all applicable laws, that emphasizes the integration of safety and health measures into job tasks so that safety/health and job performance become inseparable. The objectives, scope, organization and effectiveness of the Safety Management Plan are evaluated at least annually and revised as necessary. The success of the program will be accomplished through the cooperative efforts of the City Manager, directors, managers, supervisors and employees.

Safety orientation for new and transferred employees, timely and appropriate training, a management/employee safety committee, an active self-inspection program, and personal protective equipment are examples of some of the tools which may be used to reduce work hazards.

Last, but not least, a successful safety program requires employees to be responsible for safe operation of equipment and working in a safe manner thus contributing to the well-being of personnel, customers and volunteers.

Responsibilities for safety and health are established to enhance the program's effectiveness and promote communication between workers, supervisors and management. Specific safety and health responsibilities for personnel are as follows:

Management: Since active participation and support is essential for success, managers will strive to display their interest in safety and health matters. Designated managers may serve on safety and health committees and all managers may, as appropriate, participate in accident investigations and facility inspections.

Supervisors: Supervisors acknowledge the importance of the safety and health of the employees they supervise, while recognizing that such employees are responsible for the safe operation of equipment and working in a safe manner.

Managers and supervisors will strive to:

1. Ensure that all safety and health rules, regulations, policies and procedures are understood and observed by providing opportunity for employee training.

2. Annually review and update, as necessary, departmental safety policies and procedures.

3. Require the proper care and use of all protective equipment required by law.

4. Identify, eliminate and/or reduce job hazards.

5. Receive and as deemed appropriate, take initial action on employee suggestions, awards or disciplinary measures.

6. With available resources, train employees (new and experienced) in safe and efficient methods of accomplishing jobs or tasks as deemed necessary.

7. Work with Human Resources in reviewing accident trends and establishing prevention measures.

8. Attend safety meetings, if appointed by the City Manager, and actively participate in the proceedings.

9. Conduct periodic staff meetings wherein safety is a topic.

10. Participate in required investigations and inspections.

11. Promote employee participation in safety and health programs.

12. Follow the progress of injured workers and display an interest in their rapid recovery and return to work.

Employees: Every employee has an important role in the City's Safety Plan. He/she is expected to cooperate fully in all safety related activities and measures. Employees' responsibilities include, but are not limited to:

1. Active participation and cooperation in the Safety Plan.

2. Knowledge and skill in his/her job.

3. Application of the principles of accident prevention in daily work, and the use of proper safety devises and protective equipment as required.

4. Adherence to all safe work practices governing their work.

5. Compliance with all safety rules.

6. Concern for life and safety of self, co-workers, and the public.

7. Immediately report to supervisor any unsafe work practices or conditions observed.

8. Report all accidents to his/her supervisor immediately.

9. Consider safety meetings, education, and training as a part of his/her regular job.

10. Properly care for all personal protective equipment.

Safety Officer: Responsible to the City Manager and Director of Management Services for the development, implementation and monitoring of the City's Safety Management Plan. The Human Resources Manager serves as the Safety Officer for the City.

Seatbelts

In accordance with state law, when operating a City vehicle, the employee must use the seatbelt/safety restraint device and require any passengers to do the same. Any employee who does not use safety restraints/seatbelts shall be subject to disciplinary action up to and including termination.

Driver's Licenses

Any employee whose work requires he or she drive City vehicles must hold a valid Washington State driver's license. Any employee who does not hold a valid driver's license will not be allowed to operate a City vehicle until such time as he or she obtains a valid license.

Any employee whose work requires substantial and ongoing operation of a City vehicle must maintain an acceptable Department of Motor Vehicle record in order to function in their position. If their license is expired, suspended, or revoked, they shall be subject to disciplinary action up to and including termination, unless that employee is able to obtain an occupational permit from the State Department of Licensing. Should the employee fail to immediately report such a revocation or suspension of his or her license to the appropriate supervisor and instead continues to operate a City vehicle under such circumstances, that employee shall be subject to termination.

10.3 ACCIDENTS AND REPORTS

On the Job Employee Injuries

It is the City's intent to provide safe working conditions for its employees. However, occasional on-the-job injuries may occur. When they do, employees are to immediately report to their immediate supervisor each injury or illness regardless of the degree of severity. As soon as possible after an accident or occupational illness is discovered, the

employee and the supervisor must complete an accident report form and submit it to Human Resources. Should the injury require attention beyond first aid, the employee's treating physician is to complete the State Industrial Medical Claim form. Injured employees on Worker's Compensation must submit physician time loss certification to their supervisor and if absent from work for more than seven (7) days, contact his or her supervisor once a week to keep the City informed of their condition and progress.

Accidents/Incidents

Employees shall report any work-related 3^rd party injuries and/or damage to public/private property or equipment to their immediate supervisor. Such report shall be made as soon as possible, but in no case later than eight (8) hours following such incident.

Employees shall compile any reports requested by their supervisors. In case of a motor vehicle accident, the required State Motor Vehicle Collision Report shall be completed by the employee.

Human Resources shall be notified of all work-related accidents involving City employees and City equipment as soon as possible and not later than the next working day following the day during which the accident occurred. Human Resources is responsible for monitoring the progress and following the case through to completion.

10.4 LEGAL LIABILITY

Employees shall comply with all laws and regulations that relate to the performance of their duties and shall perform their duties as reasonable and prudent persons. The City shall provide legal defense to employees for actions filed against employees acting totally within the scope of their performance as authorized and as determined by the City.

10.5 UNIFORMS/PERSONAL PROTECTIVE EQUIPMENT

The uniform/personal protective equipment guideline has been established to provide for the proper identification and safety of City employees. Uniforms improve the visibility of employees and easily identify employees as official agents of the City of Federal Way. The uniform helps create a professional appearance of staff and aids in establishing a positive image with citizens. For their safety, employees are to wear personal protective equipment as required.

Certain employees, shall be required to wear the uniform or personal protective equipment designated for his/her position. Exceptions to the required uniform must be approved by the department director or his/her designee.

Guideline

Uniforms shall be worn as follows:

• Uniforms shall be kept clean and neat in appearance as much as possible under current working conditions.

• Uniform shirts will be tucked in, unless straight cut and hemmed for wear outside of pants.

• Uniform shirt, sweatshirt, jacket and pants shall be only type worn during working hours.

• Uniforms shall be free of adornment with the exception of the official City of Federal Way logo. Any other adornment must be authorized by the department director.

• Shorts and tennis shoes may be authorized for wear by the department director or his/her designee when duties are warranted (i.e., crowd control, parking, special events, etc.).

• Routine maintenance of uniform will be the responsibility of the employee. Routine maintenance includes washing, ironing, and mending.

• Issue and replacement of uniforms will occur as determined by the department director.

• If authorized by the department director, in extreme cold weather, personal heavy winter coats or dark colored vests may be worn with the uniforms.

• Uniforms will be worn during working hours only. Upon separation of employment, it shall be the City's option to collect uniforms from the terminating employee.

  Personal Protective Equipment/Boots

  Suitable protective apparel shall be used, wherever significant danger exists due to physical contact with hazardous/dangerous/infectious materials as required by Washington State law.

  All protective apparel shall be periodically tested to ensure adequacy, as appropriate to the hazard involved. All personal protective equipment, including boots, will meet standards, if any, required by state law, for the particular work duties of the position.

  Following the initial uniform or personal protective equipment issue, annual replacement shall be based on need. Replacement requests must be authorized by the department director or his/her designee.

  Request for additional uniform will be at the employee's expense. Exceptions may be authorized by the department director of his/her designee.

10.6 SAFE WORKPLACE

The City of Federal Way is committed to providing a safe and secure work environment for employees, contractors, and the general public. In an effort to prevent the possibility of violence in our workplace, the City has implemented this Safe Workplace Guideline. The City strictly prohibits threatened or actual workplace violence. This includes the following types of behavior:

• Threatening injury or damage against a person or property;

• Fighting or threatening to fight with another person;

• Stalking, following, or invading another employee's personal life;

• Violation of section 10.7 regarding the use or possessing of a weapon on City premises;

• Engaging in shoving, fighting, blocking, impeding, even if done "all in fun";

• Abusing or injuring another person;

• Using obscene or abusive language or gestures in a threatening manner; and

• Raising voices in a threatening manner.

  Because of the potential for misunderstanding, joking about any of the above misconduct is also prohibited. Any employee who violates this policy will be subject to immediate discipline, up to and including termination at the discretion of the City. Contractors or agents who violate this policy are subject to immediate termination of their contractual relationship with the City.

  Reporting Procedure

  Any employee who reasonably believes that a situation with an aggressive employee, member of the general public, or other party (e.g., any person who uses obscene or abusive language or gestures, makes threats, or acts in a violent or threatening manner) may become violent should immediately leave the area and report the situation to his/her supervisor. Any supervisor who receives a report of potential or actual violence should immediately contact Human Resources. The report will be investigated and the appropriate disciplinary or corrective action will be taken.

10.7 FIREARMS AND DANGEROUS WEAPONS

It is the policy of the City of Federal Way to prohibit all employees while on City property ("City property" means all areas within the ownership and/or control of the City, and includes offices, buildings, parking lots, desks, cabinets, lockers, or storage areas.) or time, or while performing City business from:

• Carrying in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not.

• Carrying any knife, sword, dagger, or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not.

• Carrying any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device thrown as numchuk sticks, or any device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or poison or injurious gas (excluding those normally used in the course of one's employment duty), or any other instrument capable of producing bodily harm, whether such instrument or weapon is concealed or not.

• Carrying, exhibiting, displaying or drawing any firearm, dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at the time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of another person or persons.

  The policy shall not apply to or affect the following:

• Any person who is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty.

• Any person making or assisting in making a lawful arrest for the commission of a felony.

• Other exceptions as may be authorized by the City Manager.

  Any employee violating this policy may be subject to disciplinary action, up to and including termination.

11 PERSONNEL ADMINISTRATION

11.1 VACANCIES AND ASSIGNMENTS

Notices of open City positions are posted on the City's bulletin boards. Any employee who is qualified for an open position may apply for a posted opening.

Temporary appointments may be made by the department director for a specified time or assignment, as necessary. Such appointments are made on an "acting" basis. Upon completion of the assignment, the "acting" employee returns to his or her regular position. Employees who are assigned to a higher paying position in an acting capacity are paid as outlined in section 6.5. The actual salary is set by the department director in consultation with Human Resources.

If a transferred employee fails to perform satisfactorily, he or she may be transferred back to his or her pre-transfer position, provided a vacancy exists. If a vacancy does not exist in the pre-transfer position, the employee may be separated from employment.

11.2 ALTERNATE DUTY/EARLY RETURN TO WORK

Purpose and Intent

The City of Federal Way considers employees its most valuable asset. Therefore, if work is available and an employee is injured, we will make every reasonable effort to return the employee to work, with the approval of his/her medical provider, at the earliest possible time. By doing so, we show our commitment to our employees to work together to minimize the human and financial loss associated with employee injury.

This program is designed to:

1. assist the recovery process by providing a focus and a goal for return of the injured worker

2. benefit employees by allowing resumption of full wages as soon as possible, and

3. benefit the City of Federal Way by reducing workers' compensation and retraining costs.

The Alternate Duty/Early Return to Work Program is temporary for a maximum six month period. It is not intended to be a guarantee of permanent continued employment. If at any time during the six month period it is determined that the employee will be unable to perform the essential job functions of his or her job at the conclusion of the six month period, the City will evaluate the employee's situation. Depending upon the outcome of the evaluation, it is possible that the City may terminate the person's employment. Termination of employment does not preclude provision of worker's compensation benefits as provided by Washington State statutes.

Policy

Provided that work is available, the City of Federal Way will make every reasonable effort to seek transitional alternate duty/early return to work opportunities for all employees who are temporarily disabled due to an injury or illness, and to return employees to work as early as medically possible. Return to work opportunities will first be considered within the same division, then within the same department. Employees injured on the job will be given priority for available work. Early return to work assignments are intended to assist workers who are transitioning back to work after a temporary disability.

The City Manager is committed to making alternate duty/early return to work a priority of the City. The Human Resources Manager is the designated individual responsible for coordinating the alternate duty/early return to work program.

The success of this program depends upon team work, with all members of the team knowing and understanding their respective responsibilities. Directors and managers will receive instruction in their role in support of the alternate duty/early return to work program. Assigned supervisors will receive training which includes an explanation of the City's alternate duty/early return to work program, and procedures for implementation of the program. During new employee orientation, employees will receive a copy of the alternate duty/early return to work program. Human Resources will outline the role of the City as well as the role of each team member.

Procedures & Responsibilities

A. Employee

1. Notify supervisor of injury as soon as reasonably possible.

2. Upon written light duty release from the attending physician, submit written request for consideration for alternate duty/return to work program, and provide signed release of medical records to the City.

3. Communicate with supervisor on a regular basis regarding injury status, treatment, and expected return date.

4. Participate as an active member of the alternate duty/early return to work team to establish job modification and transitional alternate duty/early return to work plan.

5. Employee has a responsibility to accept alternate duty/early return to work assignment, which meets the limitations specified by the attending physician. In the event of any dispute as to the employee's ability to perform the available work offered by the City, the department of Labor and Industries will make the final determination, in situations involving on-the-job injuries. Reference: RCW 51.32.090

B. Immediate Supervisor/Manager or Responsible Individual Designated by Department Director

1. As soon as reasonably possible after the injury/illness:

a. Make initial contact with the worker by phone or personal visit, whichever is appropriate, to discuss the extent of injuries and anticipated return date. Reassure worker that the City is concerned and supervisor is available to answer questions as they arise.

b. Notify Human Resources that worker will be away from work and estimated date of return.

c. If/when early return to work appears to be a possibility, complete "Job Analysis" on existing job and send to Human Resources Manager within one work week (copy to be given to injured worker). The Job Analysis is performed on current job, without modification. After physician review and recommendations, any possible job modification occurs.

2. Coordinate with Human Resources and the worker to determine whether work is available that can be performed with the limitations the worker may have, and whether alternate duty/early return to work is appropriate and in the best interest of the City. If so, establish job modification and transitional alternate duty/early return to work plan.

3. Review assignment every 60 days after job modification has been approved, or sooner if necessary, for further modification, if needed. This is a temporary assignment.

4. If at any time during the six month period it is determined that the employee will not be able to perform the essential functions of his or her position at the completion of the six month period, the City, through the Human Resources department, will evaluate the employee's situation. Depending on the outcome of this evaluation, the City may terminate the person's employment.

C. Human Resources

1. Upon receipt of notification from supervisor of an employee who has submitted doctor's release to light duty and written request for alternate duty/early return to work, ask supervisor to complete Job Analysis form.

2. Contact worker about return to work policy and leave buy-back options, where the employee turns over state compensation check to the City in exchange for a return of used sick and/or vacation days due to on the job injury or illness.

3. Send "Letter to Physician", "Physician's Evaluation" completed job analysis and a current job description, to attending physician requesting response by a set date. Physician's Evaluation completely or partially releases the injured worker to return to work, and in instances of partial release outlines any physical limitations imposed on the worker as a result of their injury. This evaluation also requests the physician to provide a schedule for transition back to full/regular duties.

4. Upon receipt of Physician's Evaluation, coordinate with supervisor and employee to determine whether alternate duty/early return to work is appropriate and in the best interest of the City. If so, establish job modification and transitional alternate duty/early return to work plan, based upon physician's requirements and City's ability to make temporary modified assignment.

5. Contact worker and explain the terms of the return to work plan that has been established through consultation with the attending physician. Explain job assignment and, if applicable, modified duties. Send "Employee Job Assignment" to worker for signature and return.

11.3 RECLASSIFICATION

Changing service demands, requirements, and job responsibilities requires periodic review and adjustment of City jobs. Reclassification is the result of a change in the level of responsibilities, tasks, and duties of a position which changes areas of emphasis and the level of skill required in the current position. These changes may be reflected in different qualification requirements. A position may be reclassified to a higher or lower range if the responsibilities of the job are determined to be less or more than originally indicated, or if certain responsibilities are removed from or added to the job.

A reclassification is not to be used as a merit raise nor is it to be used to reflect an increased volume of work at the same level of responsibility that the incumbent is currently performing. As a result of reclassification, and due to an overall change in the responsibilities of a position, the monetary compensation (pay ranges) established for the position may increase or decrease. The reclassification of a job involves a comparable position market survey and critical analysis of the relative worth of a position for placement in the City's classification/pay scale.

Whenever a new position is created or the duties of an existing position materially change, the appropriate department director shall provide to Human Resources a written, comprehensive job description describing in detail the duties, responsibilities and qualifications of the affected positions. Employees who consider their position improperly classified may also submit a request for consideration for reclassification, in writing, to their immediate supervisor. The immediate supervisor shall review the request with the department director. If the department director finds that the duties, responsibilities or qualifications of the position have changed, the department director shall make a recommendation that Human Resources conduct a job audit.

The City Manager shall make the final decision regarding granting or denying reclassification requests. Any reclassification is subject to budgetary appropriations by the City Council.

11.4 DISCIPLINARY ACTION

It is the intent of the City of Federal Way to maintain a productive and positive work environment. In accordance with this guideline and the laws, rules and regulations applicable to the City, inappropriate or illegal actions or work performance by an employee may subject the employee to discipline. The nature and severity of the discipline will be determined on an individual basis according to the particular circumstances. Various disciplinary actions available may include, at the discretion of the City, those listed below.

Verbal Warning

Verbal warnings may be given for minor offenses or to bring to the attention of an employee potential work performance problems. Verbal warnings may include an explanation of the violation or problem and requests for corrective action on the part of the employee. A notation of each verbal warning should be placed in a file and maintained by the supervisor for future reference.

Written Warning

A written warning may be given for a more serious offense or when the employee, who has been verbally warned for minor offenses or problems in his or her work performance, repeats them or fails to take corrective actions. Written warnings should contain: a statement of the facts; a statement of the discipline being given, if any; if appropriate, the employee's explanation and reason for the violation; the required corrective action on the part of the employee; if appropriate, a written and definite period of disciplinary probation, during which the employee must clearly demonstrate improvement; and a statement indicating further disciplinary action may follow if correction is not achieved. The warning may be signed by the employee and any other person who may be present at the discussion and should be signed by the employee's direct supervisor and the City department director involved. Copies of written warnings are to be forwarded to Human Resources. After review with the employee, a copy of the written warning is to be given to the employee and a copy is to be entered into the employee's personnel file.

Demotion

The department director may demote an employee to a position which has a lower salary range. Examples of when a demotion may be given include but are not limited to unacceptable work performance of the duties for the position, or a serious offense.

Suspension/Final Warning

A suspension may be given for serious offenses of employee rules of conduct which are not deemed sufficient justification for immediate discharge, or for repeated offenses, or for failure to correct an action for which a written warning was previously given. A suspension is time off without pay for disciplinary reasons, and will be for as long as the City determines is reasonable and necessary for a specific violation. In each case of disciplinary suspension, a written memo should be prepared indicating: the event or events which led to the suspension; the duration of suspension; a statement indicating required corrective action on the part of the employee; if appropriate, the employee's explanation or comment; and a statement indicating that it is a "final warning" and further indicating that the employee will be discharged upon the occurrence of another infraction or unless corrective action is taken within the stated time. Suspensions for exempt employees will not be for periods of less than one week and must be given in oneweek increments, except for major safety violations.

The memo may be signed by the employee and any other person who may be present at the discussion. The memo must be signed by the employee's direct supervisor and the department director involved, with copies forwarded to the City Manager and Human Resources. After review with the employee, a copy of this memo is to be given to the employee and a copy is to be entered into the employee's personnel file.

Discharge

When the nature of a violation warrants discharge, or if the discharge is a result of the disciplinary procedure where the desired corrective action was not achieved by one or more of the steps above (written warning, suspension, etc.), such supervisor will prepare a written report to his or her department director and Human Resources. The written report should include the reason(s) for the discharge; information on any previous warnings or disciplinary actions which may be relevant; a brief summary of the regular employee's past work record and length of employment with the City; and any other relevant information. The employee's department director will make a decision regarding intent to discharge after consultation with the City Attorney, Human Resources, and the employee's supervisor. Before a final decision is made regarding a discharge, a meeting may be convened as follows at the employee's request:

Pre-Discharge Meeting - The employee shall be provided with written notice of the charge or grounds for termination and a summary of the City's evidence. The employee shall be given an opportunity to respond to these charges, either verbally or in writing, and to explain why the City should not go ahead with the discharge. Although the written notice of the City's evidence should be sufficient to inform the employee of the basis for discharge, this procedure shall not be construed to limit the City at any subsequent hearing or proceeding from presenting a more detailed and complete case related to the basis for discharge, including the presentation of witnesses and documents not introduced at the pre-discharge meeting. Should the department director determine to proceed with the discharge, or some alternative disciplinary action, the City will give the employee written notice of discipline or discharge.

Final disciplinary actions resulting in discharge or suspensions for at least three (3) days or more (for any non-exempt employee) or one week increments (for exempt employees) may be appealed to the City Manager pursuant to the formal grievance procedures set forth in Employee Guideline Section 11.4 beginning at step 3.

11.5 GRIEVANCE PROCEDURES

It is recognized that communication of constructive suggestions and of problems can contribute significantly to improving the overall quality of work and conditions of employment. It is the City's intent to provide appropriate avenues of communication to meet a variety of needs. It is also the desire of the City to resolve problems and pursue suggestions through an informal process where such a process is in the best interest of the City and its employees. Formal procedures are provided for those situations when the informal process is not appropriate.

Employee Communication

Any time an employee has a question, problem or complaint, the employee should do the following:

• Consult with the employee's immediate supervisor. Generally, the employee and supervisor will be able to resolve the problem. If the problem is not solved at this level;

• The employee may request a meeting with his or her department director to resolve the problem. If the employee receives no satisfaction at this level;

• The employee may request a meeting with the City Manager or designee to resolve the problem. The final determination will be made by the City Manager.

  Grievance

  A grievance is a complaint by a regular employee or group of regular employees alleging a violation of a section(s) of the City's ordinances, employee guidelines or department rules and regulations which pertain to the terms and conditions of such employment by the City.

  Grievance Procedure Steps

  A grievance shall be handled in the following manner:

  Step 1: The aggrieved employee or group of employees shall present the grievance verbally to the immediate supervisor within five (5) working days of its occurrence, not including the day of the occurrence. The supervisor shall give a verbal reply within five (5) working days of the date of presentation of the grievance, not including the date of the presentation. If the grievance is resolved at Step 1, the supervisor shall prepare a memorandum to the grievant(s) setting forth the terms of the resolution. A copy of this memorandum should be sent to the department director and Human Resources at the time it is sent to the grievant(s).

  Step 2: If the grievance is not settled at Step 1, the employee or employees shall prepare the written grievance in detail, and shall date and sign it, and present it to the department director within five (5) working days after the supervisor's verbal reply is given, not including the day the answer is given. The department director shall reply in writing to the grievant(s) within five (5) working days of the date of the presentation of the written grievance, not including the day of the presentation. If the grievance is resolved at Step 2, the department director shall prepare a memorandum to the grievant(s) setting forth the terms of this resolution. Human Resources should be provided with a copy of this memorandum for the file at the time it is sent to the grievant(s).

  Step 3: If the grievance is not settled in Step 2, the written grievance shall be presented by the employee, along with all pertinent correspondence and information, to the City Manager within five (5) working days after the department director's response is given, with a copy going to the department director. The City Manager may meet with the aggrieved employee or group of employees, the immediate supervisory personnel and the department director. The City Manager shall reply to the grievant in writing within ten (10) working days of the date of presentation of the written grievance, not including the day of presentation. The City Manager shall prepare a memorandum to the grievant(s) setting forth the terms of the resolution. A copy of this memorandum should be sent to Human Resources for the file at the time it is sent to the grievant(s). The City Manager's decision is final and binding. There shall be no further appeal from such decision.

11.6 RESIGNATION

A regular employee may resign by giving his or her supervisor written notice of the effective date of resignation as far in advance as possible. The minimum amount of written notice which is requested is fourteen (14) calendar days in order to provide adequate coverage; however, a resignation can be accepted immediately upon receipt.

11.7 LAYOFFS

The City may lay off employees where there are changes in duties or a reorganization of positions, a position or service is abolished, there is lack of work or shortage of funds, or other appropriate reasons. Efforts will be made to integrate affected employees into other available positions. The procedures are generally as follows:

• At least thirty (30) days prior to the anticipated layoff, employees whose jobs may be affected, will be notified of the situation and what options may be made available to them.

• Temporary employees performing similar work in the same department or division will be laid off before regular employees are affected.

• Options such as part-time work schedules, job sharing and voluntary time and/or pay reductions, may also be explored, if, in the opinion of the department director, such options are feasible.

• Regular employees will be retained on the basis of job performance. Relative job performance will be determined by the department director on the basis of relative qualifications, experience, past job performance evaluations and current job evaluations. Qualifications will be determined by the knowledge, abilities and skills required for an affected position, as stated in the classification descriptions, and the employee's ability to perform the remaining work without further training.

• For a period of twelve (12) months from the date of layoff, regular employees who were laid off, will be placed on the City's job announcement mailing list to assist them in applying for other job vacancies with the City for which they are qualified.

• The City may provide limited out-placement services to regular employees who have been laid off. This may include job counseling, assistance in development of resumes, and assistance in locating contacts and resources which may lead to other suitable employment.

• These procedures are guidelines only and shall not create any right of action in the event of deviation from the guidelines.

11.8 RETIREMENT

Notification

An employee will provide written notice of retirement to his or her department director thirty (30) days prior to retirement date. The employee's department director is responsible for sending the notice of retirement letter to Human Resources and Management Services for processing. Payroll is responsible for sending documentation of the employee's separation and authorization for pension payments to the Department of Retirement Systems. Human Resources is responsible for conducting an exit interview with the employee prior to the date of retirement.

Procedure - State of Washington Retirement System

Employees covered by the State of Washington Retirement System who are eligible to retire, should notify the Department of Retirement Systems in Olympia at least ninety (90) days in advance of the anticipated date of retirement.

Procedure - FWRS

Employees covered by the Federal Way Retirement System (FWRS) who are eligible to retire, should notify Human Resources at least sixty (60) days in advance of the anticipated date of retirement.

11.9 SEPARATION PROCEDURES

Human Resources will notify Management Services of the employee's separation date for payroll purposes. A final paycheck will be issued to the employee on the next regular payday after completion of the following: exit interview; return of City keys, City car, ID card, City tools and equipment, City uniforms, printed material belonging to the City; and resolution of status as to retirement contributions, insurance conversions, and deferred compensation. Regular employees shall receive full pay for unused accrued vacation. Non-exempt regular employees shall receive compensation for all accrued but unused compensatory time. No unused floating holiday will be paid out upon termination.

11.10 EMPLOYEE RECOGNITION

The City of Federal Way is interested in creating an organizational culture which recognizes and rewards employees for a job well done, and for special efforts and accomplishments. Studies have shown that what tends to motivate employees to perform at high levels is the thoughtful, personal recognition that signifies true appreciation for successful job performance, and that typically employees feel that their organization could do a better job in this area. Effective recognition programs include informal and formal recognition, reflect the organization's values, include variety in terms of the awards given since what is meaningful to some may not be meaningful to others, and are publicized. City employees at all levels of the organization are eligible for a variety of awards which include but are not limited to the following:

Informal Recognition

Informal recognition of an individual or a team by departments or work groups is encouraged. Informal awards provide important recognition to an employee because the reward is often more spontaneous and therefore more timely and specific, and can be closely matched to the individual and the particular achievement. They are also initiated by those who are closest to the situation and have the most information about employee efforts and accomplishments. Some examples of informal recognition may include work group, department or City-wide celebrations; lighthearted certificates; cards; or a coupon for a favorite treat. Departments and work groups are encouraged to be creative, to recognize each other often, and to have fun doing it. Sharing of ideas for recognition and information about those being recognized with the rest of the organization is also appreciated.

Formal Recognition

A formal recognition program has also been developed. This includes standard awards that are available to employees according to the criteria established for each.

1. Service Award

Service Awards are presented in appreciation of dedicated service to employees who have reached important milestones in their length of service with the City. The award, which is initiated by Human Resources, is a framed certificate signed by the City Manager and may include a service award gift, such as a pen set, pin, etc., depending on the milestone reached. These awards are typically presented to recipient employees by the City Manager at City-wide staff meetings held on a quarterly basis.

5, 10, 15, and 20 Year Award

2. Letters

Letter of Appreciation

Letters of Appreciation are for an individual or group of employees who consistently demonstrate their commitment to doing their job well and providing

quality service to their customers. Letters of appreciation may be initiated and signed by any supervisor or manager at the City. The original is presented to the employee and a copy is placed in the employee's personnel file.

Letter of Commendation

Letters of Commendation are for an individual or group of employees who have contributed significantly to a special project or have completed an especially challenging assignment. Letters of commendation may be initiated and signed by any supervisor or manager at the City. The original is presented to the employee and a copy is placed in the employee's personnel file.

3. Certificates

Certificate of Appreciation

Certificates of Appreciation are for an individual or group of employees who consistently demonstrate their commitment to doing their job exceptionally well and providing service of exceptional quality to their customers. Certificates of Appreciation may be initiated and signed by any supervisor or manager at the City. The original is presented to the employee and a copy is placed in the employee's personnel file.

Certificate of Commendation

Certificates of Commendation are for an individual or group of employees for exceptional contributions to a special project or for completion of an especially challenging assignment in an exceptional manner. Certificates of Commendation may be initiated and signed by any supervisor or manager at the City. The original is presented to the employee and a copy is placed in the employee's personnel file.

4. SPIRIT Award

The SPIRIT Award recognizes employees who exemplify the characteristics described in the City's organizational philosophy statement: SPIRIT, which stands for Service, Pride, Integrity, Responsibility, Innovation, and Teamwork. Employees are nominated for this award by their peers, and a review board, comprised of employees from each department, meets monthly to review nominations and select a recipient. Employees selected to receive the SPIRIT award are given a plaque, a fifty dollar ($50.00) check, and are entitled to park in a reserved parking place for the month. They are recognized at a City Council meeting, in the local newspaper, and their name is added to the SPIRIT Award recipient plaque in City Hall. In addition, the employee's department receives money to be used for a recognition celebration.

5. City Manager's Award for Personal Achievement

This is a discretionary award given by the City Manager to recognize personal achievement that demonstrates discipline, tenacity, endurance, determination and personal sacrifice to achieve a goal that furthers both personal and career development and results in tangible benefit to the City organization and the community.

The recipient is presented a personal gift of esteem and a framed certificate at an appropriate ceremony.

6. City Manager's Award for Special Merit

This is a discretionary award given by the City Manager for individual performance that substantially exceeds standards normally expected of the employee and which reflects credibility upon the City administration or has an impact on a segment of the community.

The recipient is presented by the City Manager the City's "special merit" pin and a framed certificate at an appropriate ceremony.

7. City Manager's Award for Excellence

This is a discretionary award given by the City Manager for excellence in providing a service or implementing an innovative program which has a widespread and positive impact on the community. Recipients will be employees who have demonstrated initiative in developing and carrying out an idea with minimal use of resource and with minimal guidance and direction. This award, which focuses on the community, is the highest award given by the City. It is presented at an appropriate ceremony, and the recipient is given the City's "Excellence" pin and a framed certificate.

Notification

As much as possible, employees should be notified prior to planning public presentation of an award or other formal recognition so that the individual may accept or decline. The City recognizes that some employees may prefer not be publicly recognized, although the award itself is appreciated.

12 ALCOHOL AND DRUG FREE WORK ENVIRONMENT

12.1 PURPOSE

The City of Federal Way has a significant interest in ensuring the health and safety of its employees and citizens. We regard prevention, intervention and treatment as the best approaches for creating an alcohol and drug free work environment. The purpose of this guideline is to outline the steps the City is taking to ensure that all its employees are free of alcohol and drugs while in the performance of their duties.

12.2 POLICY

The City of Federal Way strictly prohibits the manufacture, possession, distribution, sale, dispensing or use of alcohol or controlled substances in the workplace. When employees are on the job, they are expected to be physically free from any impairment or substance which would contribute to an injury, property damage, or interfere with productivity. They are to be free of illegal drugs or potentially impairing levels of legal substance. In short, all employees are expected to be "fit for work."

The possession and use of medically prescribed, over-the-counter drugs during working hours is permissible. The employee shall have no obligation to inform his or her supervisor of such usage unless the prescribed or over-the-counter drug contains a warning notice of possible impairment which may prevent the employee from performing his or her job safely or effectively. Prescribed drugs possessed and used must be prescribed for the specific use of that employee.

The manufacture, possession, distribution, dispensing, sale, or use of controlled substances on City property will be cause for disciplinary action up to and including termination. This will be treated as a criminal matter and referred to the Federal Way Police Department for investigation and appropriate action. The use of alcohol in City vehicles is not permitted. Alcohol may be permitted on City premises for bona fide celebrations or functions, its use pre-approved by the City Manager, subject to applicable statutes, rules and regulations.

Supervisors, co-workers, and employees are encouraged to request confidential assistance through Human Resources or to access diagnostic, counseling, and treatment programs such as those provided by the City's Employee Assistance Program (EAP) when dealing with problems of alcohol or substance abuse. The amount of the City's financial support towards a substance abuse treatment program depends upon the medical insurance benefit selected by the employee.

The City is establishing a drug-free awareness program to inform employees and supervisors about the danger of chemical dependency and the penalties that may be imposed upon employees for violations of this policy.

In compliance with the Drug-Free Workplace Act of 1988, additional requirements are made of any City employees who work in a department or division which receives one or more federal contract awards of $25,000 or more, federal contracts awarded to individuals, or a federal grant regardless of grant size. Those requirements are:

• All employees will receive a copy of this guideline and will agree to comply with its terms as a condition of employment.

• Employees must report criminal convictions for activity in the workplace in accordance with the Drug-Free Workplace Act of 1988. The report must be made to Human Resources or designee no later than five (5) days after the conviction.

• Human Resources or designee shall notify the federal contracting or granting agency of any criminal convictions of employees for illegal drug activity in the workplace within ten (10) days of learning about the conviction.

  The directors of departments which receive federal funds as specified earlier in this policy shall be responsible for notifying all department/division employees that they are subject to the provisions of the Drug-Free Workplace Act of 1988, and the provisions of all sections of this City policy. The department director shall also be responsible for ensuring that all department/division employees have read and understand the provisions of this policy, and for providing all new employees - regular, temporary, and voluntary - with a copy of the City's policy statement.

12.3 DRUG AND ALCOHOL TESTING

All Employees

The City may require an employee to submit to appropriate tests, including urinalysis, to confirm the existence of alcohol or prohibited drug or substance in his or her system when

1. the City has a "reasonable suspicion" that an employee may be under the influence of drugs or alcohol while on duty and/or

2. an employee who, while driving a City vehicle or while driving on City business, is involved in an accident which results in a fatality, or in which the employee is cited under state or local law for a moving traffic violation.

"Reasonable suspicion" will be based on contemporaneous, articulable observations by a supervisor who has received training concerning the signs and symptoms of drug and alcohol use.

Failure to promptly permit such tests upon management's request is cause for disciplinary action, up to and including termination.

Details of the testing program are set forth in the "Employee Drug and Alcohol Testing Policy and Procedures Manual" document.

Employees Who Operate Commercial Vehicles

Regulations issued by the United States Department of Transportation mandate urine drug and evidential breath alcohol testing for employees in safety-sensitive positions, including those who are required to hold a Commercial Driver's License. The City of Federal Way's alcohol and drug testing program and the testing and reporting requirements of those regulations are set forth in the "Drug and Alcohol Testing Policy for Employees Who Operate Commercial Vehicles" and "Drug and Alcohol Testing Procedures Manual for Employees Who Operate Commercial Vehicles" documents

13 COLLECTIVE BARGAINING REPRESENTATION CAMPAIGN ACTIVITY

13.1 PURPOSE

These guidelines are adopted to safeguard the integrity of any collective bargaining representation election held for City of Federal Way employees.

The purpose of a representation election is to determine the uncoerced choice of bargaining unit employees concerning their representation, if any, for the purposes of collective bargaining.

These guidelines adopted by City management are intended to preserve every ability of any representation election to be conducted under "laboratory conditions;" i.e., under conditions nearly as ideal as possible, to determine the uninhibited desires of the employees.

To safeguard against any allegations of improper conduct, the City Manager of the City of Federal Way adopts these following administrative guidelines for conduct during any campaign organized by or held in behalf of City employees on the issue of collective bargaining representation:

Campaign Activity by City Management

Throughout any representation campaign, City management shall be prohibited from the use of deceptive campaign practices, or any degree or implication of coercion or intimidation or threat of reprisal or promise of reward to eligible voters.

Misrepresentation

Throughout the campaign, the City shall take affirmative steps to insure that no misrepresentation be made concerning the effect of the election, the effect of collective bargaining representation, or the effect of non-representation. All representatives of City management are deemed to have intimate knowledge of the subject matter so that employees may be expected to attach added significance to the assertion. Therefore, there is a heightened need on behalf of all City management to avoid any active misrepresentation.

Electioneering

The City of Federal Way management shall be prohibited from making election speeches during City's work time to assemblies of City employees:

• Within twenty-four (24) hours before the scheduled time for the opening of the polls for an election conducted under "in person voting procedures;" or

• With the period beginning with the issuance of ballots to employees for an election conducted under "mail ballot" voting procedures and the tally of ballots; and

• There shall be no electioneering at or about the polling place during the hours of voting.

  Election Procedures - Balloting

  Elections shall be by secret ballot, the integrity of which shall be strictly upheld.

  Each party to an election ballot may be represented by observers during polling times, subject to any limitations issued by the Executive Director of the Public Employees Relations Commission ("PERC") and provided, further, that no City management official having authority over any proposed bargaining unit employees shall serve as an observer for the City.

  Employer Rights

  Nothing in these policies is intended to diminish the entitlement of the City, during any specific pending election period and within all legal limits, to communicate its views on union representation.

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