Chapter 2.100
PUBLIC SAFETY VOLUNTEER LEAVE POLICY
Sections:
2.100.010 Established.
2.100.020 Introduction.
2.100.030 Definitions.
2.100.040 PSVL approval process.
2.100.050 Benefit.
2.100.060 Volunteer agencies.
2.100.070 Administrative rule making authority.
2.100.080 Memoranda of understanding with bargaining representatives.
2.100.010 Established.
The public safety volunteer leave policy is hereby established and adopted as Policy 814 by the city council for nonrepresented employees, as set forth below. The city finance director shall add the policy set forth below to the city’s personnel policy as Policy 814. (Ord. 2686 § 1, 2010).
2.100.020 Introduction.
Ensuring the public safety needs of the community serves a fundamental purpose of the city of Prosser, Washington. The community relies on the efforts of volunteers to meet many of its public safety needs. City employees are an invaluable resource for special skills that can aid in such volunteer activities. Without a leave policy, city employees must take unpaid leave to respond to the public safety needs of the community. A policy to encourage city employees to volunteer to meet the public safety needs of the community will help the city ensure the public safety needs of the community. Therefore, a city public safety leave policy is established for nonrepresented employees to facilitate such volunteer efforts. An employee may be eligible for a maximum of eighty hours of additional paid leave (or the equivalent/proportionate paid leave if on alternative/reduced work schedule) to volunteer with an agency in support of the public safety of the community. Public safety volunteer leave (PSVL) is subject to departmental/city administrator approval. Fiscal impacts limit the total number of employees who can use this program. A city employee is not entitled to use such leave to volunteer as a reserve police officer. (Ord. 2686 § 1(A), 2010).
2.100.030 Definitions.
“Community” means the corporate limits of the city of Prosser, or the service area of Prosser Fire District Number 3, or any governmental agency with which the city of Prosser or Prosser Fire District Number 3 has a mutual aid agreement.
“Public safety” means the protection of persons or property from the imminent threat of harm, death, illness, fire, or destruction and shall also mean a response to a declaration of an emergency from any local, state, or federal agency. (Ord. 2686 § 1(B), 2010).
2.100.040 PSVL approval process.
A. Initial Manager Contact. Employee contacts his/her manager if s/he wishes to volunteer under this policy to discuss possible times the employee can take leave and/or workload issues.
B. Volunteer Agency Contact. After the initial manager contact, the employee should contact one or more volunteer agencies involved in the volunteer effort for which leave is requested. The employee is responsible for finding volunteer agencies that will provide adequate written documentation that the employee will not be engaged in ineligible activities listed in subsection F of this section prior to PSVL approval. The employee shall inform the agency that s/he must obtain final approval from the employer. In addition to the documentation regarding no ineligible activities, agency-approved employees shall bring back to their manager written confirmation of the volunteer placement, including the dates of the placement and the skill or service to be provided. This information will aid managers if they must choose among employees because of workload or other constraints.
C. It is within a department director’s discretion, with the concurrence of the city administrator or designee, whether to approve PSVL taking into consideration workload, fiscal and other relevant issues. No city official shall approve employees for leave where it would plan to backfill in their absence. Employees wishing to take PSVL must complete all required forms including an acknowledgment of the employee’s acceptance of the terms of this policy.
D. Upon return to the city from the PSVL, the employee shall provide written confirmation from the volunteer agency of the dates the employee volunteered with the agency. Failure to provide adequate written confirmation may result in not receiving the pay for PSVL.
E. Ineligible Employees. Part-time and temporary employees, employees who are serving an initial probationary period or have not worked for the city for at least six continuous months, employees who are on a performance improvement plan or similar program, employees who have documented excessive absences (unrelated to protected FMLA or family care leave), employees who are being counseled regarding excessive absences, and employees who are currently the subject of a disciplinary investigation are not eligible for PSVL.
F. Ineligible Activities. The city will not approve PSVL for:
1. Any activity not directly related to public safety in the community;
2. Fundraising for volunteer organizations;
3. Activities associated with agencies that do not provide services on a nondenominational basis;
4. Activities that involve proselytizing for a religion; and
5. Volunteer activities that conflict, on an ongoing basis, with an employee’s work schedule. (Ord. 2686 § 1(C), 2010).
2.100.050 Benefit.
A. An employee approved for PSVL is eligible to receive up to eighty hours of paid leave per calendar year. Employees who work alternative or reduced schedules are eligible for an equivalent or proportional benefit.
B. As with any other paid leave, employees will continue to receive health, retirement and accrued leave benefits if otherwise eligible for these benefits.
C. PSVL does not accrue to an employee’s leave bank, cannot be cashed out upon termination or retirement and is not eligible for credit for retirement purposes. PSVL is only available when an employee meets the above approval conditions and takes PSVL.
D. While on PSVL, an employee is not acting as a city employee. Therefore, the employee is not covered by the city’s workers compensation program for an injury, illness or death that occurs while on leave including while volunteering or training for an agency and while traveling to and from the volunteer agency. Additionally, any travel or miscellaneous expenses incurred during volunteer activities but not covered by the volunteer organization is the sole responsibility of the PSVL participant.
E. In the sole discretion of the city administrator, an employee may be eligible for additional unpaid PSVL beyond the eighty hours for a volunteer commitment.
F. In the city administrator’s sole discretion, the PSVL policy may be suspended at any time. Suspension of the program can result in an employee not receiving PSVL even though he or she has already been approved by an agency, and employee’s department. Every effort will be made to give employees notice of the suspension of the PSVL program. The city council may terminate the PSVL, at any time, by repealing this chapter. (Ord. 2686 § 1(D), 2010).
2.100.060 Volunteer agencies.
The city does not warrant or make any endorsement of the safety or reliability of a volunteer agency or its volunteer placements when an employee is approved for PSVL. The employee is solely responsible for making these determinations. The city does not bear any risk or liability to the employee for any accident, injury or death while on PSVL (including training, travel to and from the volunteer site, and while engaged in the volunteer effort). (Ord. 2686 § 1(E), 2010).
2.100.070 Administrative rule making authority.
The city administrator is authorized to establish policies and procedures to implement this chapter. (Ord. 2686 § 1(F), 2010).
2.100.080 Memoranda of understanding with bargaining representatives.
The mayor, or his designee, is authorized to sign memoranda of understanding with bargaining representatives that extend the public safety volunteer policy, established by Sections 2.100.010 through 2.100.070, to represented employees. (Ord. 2686 § 2, 2010).