Chapter 2.55 PERSONNEL RULES AND REGULATIONS

The objective of these rules is to facilitate efficient service to the public and to provide a personnel management system within the town government that deals with all employees of the town in an equitable and uniform manner.

It is the intent of these rules to recognize that the town shall employ the most suitably qualified persons available. No appointment to, promotion to, removal from, or discipline in any position in the town shall be influenced because of race, religion, sex, creed, national origin, age, marital status, disability or religious opinion or affiliation. Nepotism, the hiring of relatives, is strongly discouraged. (Ord. 460 § 1, 2004; Ord. 419 Art. I § 1, 2000)

2.55.020 Scope.

In cases where these rules conflict with collective bargaining contracts and agreements duly agreed upon between authorized employee organizations or unions and the town, or in cases where these rules conflict with civil service rules and regulations, the provisions of the labor contract and/or the civil service rules shall govern. In all other cases these rules shall apply. (Ord. 419 Art. I § 2, 2000)

2.55.030 Status of employees.

Except as where modified by collective bargaining agreements or civil service rules, all employees of the town of Cathlamet are terminable at will. Nothing contained in these rules and regulations is intended to create any express or implied contract of employment. The town retains its absolute prerogative to discharge employees without cause, except as that right may be restricted by the statutes of the state of Washington and the United States of America. (Ord. 419 Art. I § 3, 2000)

Article II. Policies and Procedures

2.55.040 Application.

(1) Application shall be made in a manner prescribed by the town clerk. Application forms shall contain questions designed to obtain job-related information. All applications must be fully completed, signed, and dated by the applicant.

(2) No question on any application form or question asked by an interviewer shall be so formed as to attempt to elicit information concerning race, color, creed, sex, marital status, national origin, mental, physical or sensory disability, or religious affiliation for the purpose of discrimination unless based upon a bona fide occupational qualification.

(3) All statements submitted on the employment application or attached resume shall be subject to investigation and verification prior to appointment.

(4) Any job applicant or employee may be required to take a physical examination. In cases where a physical examination is deemed advisable, the applicant shall pay the cost. (Ord. 419 Art. II § 1, 2000)

2.55.050 Appointment.

All appointments to vacancies shall be made solely on the basis of merit, efficiency, and fitness. These qualities shall be determined through careful and impartial evaluation. The mayor shall have authority with respect to the appointment or termination of all employees, subject to the approval of the council. (Ord. 419 Art. II § 2, 2000)

2.55.060 Attendance.

(1) Employees shall be in attendance at their job in accordance with the rules regarding hours of work, holidays, and leaves of absence.

(2) An employee shall not absent him or herself from work for any reason other than those specified in these rules and regulations, without making prior arrangements with his or her supervisor. Unless such arrangements are made, an employee, who for any reason fails to report to work, shall notify the office no later than one half-hour before his or her reporting time and state the reason for being absent. If the absence continues beyond the first day, the employee shall notify the office on a daily basis unless other arrangements have been made with the office.

(3) Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay. (Ord. 419 Art. II § 3, 2000)

2.55.070 Coffee breaks.

Coffee breaks are authorized, but are a privilege and must be arranged so as not to interfere with town business. Business should not be interrupted simply because it is coffee time. Employees are entitled to one 15-minute coffee break in the morning and one 15-minute coffee break in the afternoon. Coffee breaks for office employees should be taken in designated areas and field employees should take their coffee breaks on or near the job site. Misuse of the coffee break privilege shall subject the offender to disciplinary action. It shall be the responsibility of the supervisors to enforce this rule. (Ord. 419 Art. II § 4, 2000)

2.55.080 Hours of work.

Unless otherwise specified at the time of hiring, employees shall work 40 hours per week. The standard workday shall be from 8:00 a.m. to 12:00 p.m. with one half-hour for lunch, and from 12:30 p.m. to 4:30 p.m., Monday through Friday. Due to the nature of their work, some divisions and departments will have different schedules, including weekends and holidays; the mayor in consultation with the town council and department head involved shall determine those schedules. The town office shall be open from 9:00 a.m. to 4:30 p.m. continuously, Monday through Friday. If an employee knows that he or she will be late for work or absent because of illness or other reason, it is his or her responsibility to notify the supervisor no later than one half-hour before his or her reporting time for work to enable the employee’s supervisor to make necessary arrangements to continue the employee’s functions while he or she is absent. (Ord. 419 Art. II § 5, 2000)

2.55.090 Personnel records.

(1) The clerk-treasurer shall maintain a personnel record for each employee. Such record shall show the employee’s name, title of position held, the department to which assigned, salary, change in employee status, training received, and such other information as may be considered pertinent.

(2) Employee records shall be considered confidential and shall be accessible only to the employee, his immediate supervisors, and such other officials as may be authorized by the mayor. (Ord. 419 Art. II § 6, 2000)

2.55.100 Recruitment.

Available positions shall be publicized for a reasonable period by announcements posted on public bulletin boards and by such other means as the clerk-treasurer may deem necessary. Announcements shall specify the title, rate of pay, duties to be performed, required qualifications, time and manner of making application and other pertinent information related to the available position. (Ord. 419 Art. II § 7, 2000)

2.55.110 Restriction on employment.

Peddling or soliciting for sale or donation of any kind on town premises or during regular working hours is not allowed without the express written consent of the mayor. (Ord. 419 Art. II § 8, 2000)

2.55.120 Temporary appointments.

Appointments to town employment on other than an acting or regular basis shall be considered temporary. Such temporary appointments shall be made at the pleasure of the mayor. No temporary appointment shall exceed one year in duration. (Ord. 419 Art. II § 9, 2000)

2.55.130 Travel expenses.

When employees are required to travel outside the town on town business, reimbursement for expenses incurred shall be determined as follows:

(1) Prior to traveling outside the town, the employee shall obtain approval for the travel and mode of travel from the department head. Non-elected department heads shall obtain such approval from the mayor.

(2) Travel on official business outside the town by a single individual should be via public carrier or town-owned vehicle; however, if a private vehicle is used, mileage shall be paid at the then-current rate allowed by regulations of the Internal Revenue Service.

(3) Reimbursement for subsistence on official trips shall be for the amount of actual and reasonable expenses incurred during the performance of official duty as a town employee for the town’s benefit. (Ord. 419 Art. II § 10, 2000)

2.55.140 Town vehicles.

Town vehicles shall not be used for private purposes. (Ord. 419 Art. II § 11, 2000)

2.55.150 Personal purchases.

Employees may not at any time make personal purchases using the town corporate credit card. There are to be no exceptions to this policy. The town will not make personal purchases for employees whether purchased locally, by catalog purchase, or through town suppliers without prior approval by the mayor. An approved purchase is to be paid for in advance by the employee before the purchase is made. In addition, the purchase price will include sales tax, and shipping and handling charges when applicable. (Ord. 419 Art. II § 12, 2000)

2.55.160 Annual inventory.

Department heads are required to present an annual inventory of supplies and equipment to the mayor by December 1st. (Ord. 419 Art. II § 13, 2000)

Article III. General Conduct and Discipline

2.55.170 Personal appearance and conduct.

It shall be the responsibility of all employees to represent the town to the public in a manner which shall be courteous, efficient, and helpful. Every employee shall be neat in appearance. (Ord. 419 Art. III § 1, 2000)

2.55.180 Purpose of disciplinary action.

The town will attempt at all times to operate its business in the most efficient, economical and orderly manner consistent with good management practices. All employees shall conduct themselves in a manner that will be consistent with established rules and regulations. Any breach of the rules and regulations contained herein may result in disciplinary action. However, the town need not rely upon a specific breach of these rules and regulations in order to terminate an employee. (Ord. 419 Art. III § 2, 2000)

2.55.190 Resignation.

An employee wishing to leave the town service in good standing shall, at least two weeks before leaving, file with the office a written statement as to the reason(s) for leaving and the effective date of leaving. The time limit of the resignation may be waived at the discretion of the mayor. The department head shall forward a copy of the resignation to the office personnel file of the employee. (Ord. 419 Art. III § 3, 2000)

2.55.200 Retirement.

Employees shall retire at age 70; however, annual employment contracts beyond that age may be granted by the mayor with the approval of the town council. Uniform employees shall retire as specified by the law enforcement officers’ and firefighters’ retirement system or the board for volunteer firemen, whichever is applicable. In all instances, the retirement date shall be the last day of the calendar month in which the employee shall have reached the designated retirement age. (Ord. 419 Art. III § 4, 2000)

Article IV. Appointed Positions

2.55.210 Public works superintendent.

The mayor shall appoint a public works superintendent. As an appointive officer, the public works superintendent shall hold office at the pleasure of the mayor and shall not be subject to confirmation by the town council; this is in accord with the provisions of RCW 35.27.070. The public works superintendent is subject to the direction of the mayor and performs such duties as the town council provides. The public works superintendent is responsible for all maintenance and operation of all town properties and utilities. The public works superintendent is responsible for the supervision of all employees assigned to him or her. For purposes of these rules and regulations, the public works superintendent shall be deemed to be a department head. (Ord. 419 Art. IV § 1, 2000)

2.55.220 Public works employee.

The mayor shall appoint additional employees to work within the public works department. These employees hold office at the pleasure of the mayor. All public works employees answer to the public works superintendent who is responsible for their supervision. The public works superintendent may take disciplinary action with respect to any public works employee who breaches any of these rules and regulations. The public works superintendent may recommend to the mayor that a public works employee be terminated. The final authority to terminate a public works employee rests with the mayor. (Ord. 419 Art. IV § 2, 2000)

2.55.230 Other appointive officers.

The mayor, from time to time, may appoint other town officers as provided in RCW 35.27.070. These appointive officers shall hold office at the pleasure of the mayor and shall perform such tasks as may be assigned to them by the mayor. Such other appointive officers answer to the mayor. (Ord. 419 Art. IV § 3, 2000)

Article V. Compensation

2.55.240 Rate of compensation.

The compensation of all employees of the town shall be fixed from time to time by the town council. In fixing the compensation for a particular employee, the town council may take into consideration the recommendations of the mayor and the department head. (Ord. 419 Art. V § 1, 2000)

2.55.250 Pay period.

Employees are to be paid once a month, on the last working day of the month. The mayor may authorize draw days. New monthly employees working less than a calendar month will be paid at a rate per hour determined by dividing the annual salary by 2,080 hours for the actual day or hours worked. Eight hours shall constitute one day, and in no instance will more than the monthly rate be provided except for overtime payments. Permanent monthly employees who have used all accumulated vacation leave will lose pay at a rate determined by dividing the annual salary by 2,080 hours on the basis of eight hours for each day lost. (Ord. 419 Art. V § 2, 2000)

2.55.260 Pay for part-time employees.

Whenever an employee works for a period less than the regular number of hours a day, days a week, or weeks a month, the amount paid shall be on an hourly basis. (Ord. 419 Art. V § 3, 2000)

2.55.270 Overtime.

(1) Except as otherwise provided in this section, overtime shall be granted only upon the approval of the mayor, for each hour worked beyond the normal working week of 40 hours at a basic rate of time and one-half for each overtime hour worked. Whenever an employee is specifically authorized or required in advance by the mayor to work overtime, he or she shall receive overtime pay to the nearest half-hour. It shall be the responsibility of the department head, to the extent possible, to schedule work so that all necessary tasks may be completed without any employee exceeding 40 hours of work in a seven-day workweek except in the event of an emergency affecting the public health or safety. In the event that an employee does exceed 40 hours in any seven-day workweek, said employee shall have the option of receiving compensation time or overtime at the end of the pay period for each hour exceeding 40 hours per seven-day workweek. When a holiday is part of the employee’s scheduled workweek, then for that week the “normal working week” shall be 32 hours and the employee shall be compensated as provided herein for all time worked over 32 hours. On the workweek containing the two-day Thanksgiving holiday, that “normal working week” shall be 24 hours and the employee shall be compensated as provided herein for all time worked over 24 hours. Employees will receive scheduled time off for holidays worked.

(2) It is a department head’s responsibility to schedule his or her time so that no overtime liability is incurred by the town, except in the case of an emergency affecting the public health or safety, for example, when necessary to assure potable water to the town water system.

(3) Employees whose work week is less than 40 hours shall receive overtime pay or compensating time off at straight time for hours worked beyond their regular work week up to 40 hours. They shall receive overtime or compensating time off at one and one-half their time rate for hours worked in excess of 40 hours. (Ord. 482 § 1, 2006; Ord. 451 § 1, 2004; Ord. 419 Art. V § 4, 2000)

Article VI. Fringe Benefits

2.55.280 Holidays.

(1) The following legal holidays shall be paid holidays for full-time employees of the town: New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day immediately following Thanksgiving Day, and Christmas Day.

(2) Full-time employees shall be entitled to one paid holiday per calendar year in addition to those holidays specified in subsection (1) of this section. Each employee may select the day on which he or she desires to take the additional holiday provided for herein after consultation with the mayor. The clerk-treasurer shall maintain records to the use of such holiday.

(3) Whenever any legal holiday falls on a Sunday, the following Monday shall be observed as the legal holiday. Whenever any legal holiday falls upon a Saturday, the preceding Friday shall be observed as the legal holiday.

(4) If any of the above specified state legal holidays are also federal legal holidays, but observed on different dates, only the state legal holidays shall be recognized as a paid legal holiday for town employees.

(5) An employee who is required by the mayor to work on a recognized holiday shall be allowed to take off from employment, without penalty, two times the time worked on said holiday. After consultation with the mayor, the employee may select the day or days when such holiday time off shall be utilized. The clerk-treasurer shall maintain records with respect to any accrued holiday time off.

(6) Holidays, which occur during vacation, shall not be charged against such leave.

(7) For purposes of this section, a full-time employee is an employee who works 90 or more hours in a month. (Ord. 419 Art. VI § 1, 2000)

2.55.290 Vacation.

(1) Full-time employees shall accrue annual leave with first year of employment with pay at the rate of one day per month. After one full year of continuous service, full-time employees shall be granted an additional one day of annual leave for each year of service with the town; said additional days of annual leave shall be credited to the employee at the anniversary date of the employee’s employment. In no event shall an employee accrue more than 25 days of annual leave in one year; that is, the maximum additional days added for length of service shall be 13.

(2) Employees are encouraged to use their accumulated vacation time within the year in which it is earned. Vacation leave may be carried over from one year to the next, but the employee will forfeit unexpended vacation time in excess of 25 days.

(3) All requests for vacation must be approved by the employee’s supervisor prior to commencement of the requested vacation. No employee shall be paid for unearned vacation leave.

(4) Part-time employees are not entitled to accrue annual leave with pay. A part-time employee is an employee who works less than 90 hours per month.

(5) The clerk-treasurer shall maintain employee records with respect to the accrual and use of annual leave time. (Ord. 424, 2001; Ord. 419 Art. VI § 2, 2000)

2.55.295 Jury service.*

Full-time employees called for jury service shall receive their regular pay while serving as a juror; provided the employee shall remit to the town clerk/treasurer all sums received for jury fees paid by the court in which they serve as a juror. (Ord. 472 § 1, 2005)

*Code reviser’s note: Ordinance 472 adds the provisions of this section as CMC 2.55.290. The section has been editorially renumbered to prevent duplication of numbering.

2.55.300 Sick leave.

(1) Full-time employees shall accrue sick leave with their first year of employment with pay at the rate of one day per month.

(2) Any sick leave accrued which is unused in any year shall be accumulated for succeeding years for all regular full-time employees up to a maximum of 90 days. The employee will forfeit accrued sick leave time in excess of 90 days. Employees in good standing shall be paid for 10 percent of unused sick leave time upon separation from employment.

(3) Employees entitled to sick leave are eligible for sick leave for the following reasons:

(a) Nonoccupational personal illness or physical disability;

(b) Quarantine of an employee by a physician for nonoccupational related disability;

(4) When an employee stays home because of family sickness, the mayor must approve the sick leave.

(5) Abuse of sick leave privileges shall be cause for dismissal. An employee who is unable to report to work because of any of the reasons set forth in subsection (3) of this section shall report the reason for his or her absence to the office within one half- hour before the time he or she is expected to report for work. Sick leave with pay shall not be allowed unless such report has been made. The mayor may require a physician’s statement from the employee certifying that the employee’s condition prevented him or her from appearing for work.

(6) Uniformed employees under the LEOFF Act (Chapter 41.26 RCW) shall not be entitled to claim sick leave in addition to disability leave and disability retirement benefits available pursuant to the provisions of RCW 41.26.120.

(7) Part-time employees are not entitled to accrue sick leave with pay. A part-time employee is an employee who works less than 90 hours per month.

(8) The clerk-treasurer shall maintain employee records with respect to the accrual and use of sick leave time. (Ord. 419 Art. VI § 3, 2000)

2.55.310 Insurance.

(1) Full-time employees shall be covered by a group disability and medical insurance policy. The town shall pay the premiums for the employee only. The type of disability and medical insurance shall be determined from time to time by the town council.

(2) For purposes of this section, a full-time employee is an employee who works 90 or more hours in a month. (Ord. 419 Art. VI § 4, 2000)

2.55.320 Pension benefits.

Pension benefits for full-time employees of the town shall be governed by the applicable provisions of Chapter 41.40 RCW relating to the Washington public employees’ retirement system, and Chapter 41.26 RCW relating to the law enforcement officers’ and firefighters’ retirement system. Chapter 41.24 RCW governs pensions for volunteer firefighters. (Ord. 419 Art. VI § 5, 2000)

2.55.330 Military leave.

(1) Any officer or employee of the town who is a member of the State National Guard or Federal Reserve Military Unit shall be entitled to be absent from his or her duties with the town with full pay for up to 15 calendar days during each calendar year while engaging in the performance of officially ordered military duty and while going to or returning from such duty in accordance with the laws of the state of Washington (RCW 38.40.060). Such leaves shall be in addition to any other leave or vacation benefits.

(2) Employees who are called or volunteer for service with the armed forces of the United States or the Washington National Guard shall be entitled to be considered for reinstatement in accordance with the provisions of Chapter 73.16 RCW. (Ord. 419 Art. VI § 6, 2000)