Chapter 2.70
PERSONNEL POLICIES
Sections:
2.70.010 Title.
2.70.020 Purpose.
2.70.030 Work schedule.
2.70.040 Overtime and compensatory time.
2.70.050 Holiday schedule and conditions of pay.
2.70.060 Vacations.
2.70.065 Longevity pay.
2.70.070 Sick leave.
2.70.080 Sick leave buy-back.
2.70.085 Benefits – Employee choice.
2.70.090 Compassionate leave.
2.70.100 Court time.
2.70.110 Evaluations.
2.70.120 Grievances procedures.
2.70.130 Constructive/progressive discipline.
2.70.140 Jury duty.
2.70.150 Personnel records.
2.70.160 Copy of policies.
2.70.010 Title.
The title of this chapter shall be the “Personnel Policies Ordinance.” [Ord. 623 § 1, 1986.]
2.70.020 Purpose.
The purpose of this chapter is to expressly establish, insofar as is reasonably possible, equal working conditions for all employees of the city of Roslyn. This chapter is not, however, an employment contract. This chapter, therefore, pertains to employees in all city departments; provided, that where retirement provisions for law enforcement officers and fire fighters differ from those of the city of Roslyn, provisions for law enforcement officers and fire fighters shall apply to those employees covered thereunder. [Ord. 623 § 2, 1986.]
2.70.030 Work schedule.
The work week shall begin on Saturday at 8:00 a.m. The work week shall be determined for each position by the mayor on recommendation from the personnel committee.
A. Lunch and Breaks. Each employee shall receive a lunch period approximately one-half way through the work day. The lunch period shall not be compensable time. Each employee shall receive a relief period (i.e., coffee break) not to exceed 15 minutes approximately one-half way through the morning shift, and approximately one-half way through the afternoon shift on each work day. The relief period shall be compensable time.
B. Nonstandard “Weekend.” Two days a week shall be determined to be employee “Saturday and Sunday” for those employees who may work a work week other than Monday through Friday. [Ord. 623 § 3, 1986.]
2.70.040 Overtime and compensatory time.
A. If any employee is compensated for 40 hours of work in a week, additional work that week will be only at the discretion of the mayor, paid at time and one-half. Unauthorized overtime will not be paid.
Any work done on a holiday is considered holiday overtime at two and one-half times the regular rate of pay and must be approved by the mayor.
Any call for service by an employee, except police department employees, after regular working hours, on weekends, or holidays shall be compensated at a one-hour minimum.
B. 1. Nonexempt employees entitled to overtime pay may elect to receive compensatory time off instead of cash payment. This is approved on a case-by-case basis by the employee’s department head. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory time shall be limited to 40 hours for regular employees, 72 hours for fire personnel and 80 hours for uniformed police personnel. After maximum accrual, overtime compensation shall be paid.
2. Employees may use compensatory time within a reasonable time period after making a request to their department head, unless doing so would unduly disrupt city operations. Compensatory time should be used for short-term absences from work during times mutually agreed to by the employee and his/her department head. Accumulation of compensatory time to be used as a substitute for extended vacation time off is not normally permitted.
3. If an employee is unable to use accrued compensatory time within a reasonable period, usually 90 days, the employee will be paid his/her original overtime wage. [Ord. 788 § 1, 1995; Ord. 645 § 1, 1989; Ord. 623 § 4, 1986.]
2.70.050 Holiday schedule and conditions of pay.
A. The following days shall be holidays:
1. New Year’s Day;
2. Martin Luther King, Jr. Day;
3. President’s Day;
4. Memorial Day;
5. Independence Day;
6. Labor Day;
7. Veterans’ Day;
8. Thanksgiving Day;
9. Day after Thanksgiving Day;
10. Christmas Day;
11. Two floating holidays (employee’s choice; must be asked for in advance).
B. If holiday falls on a normal shift day for the majority of employees but not for others, then the others will observe the holiday during the nearest work shift to that holiday; provided, however, that employees of the police department shall not be subject to these provisions but shall be treated as follows: holidays shall be credited to the police department employee as they occur, and the employee may take the credited holidays off at a time of his/her choice, with advance notice and approval of the chief of police, and if said employee does not take the credited time off by December 31st of the calendar year in which the credited time is earned, the employee shall receive regular pay (but not regular holiday pay) in lieu of time off.
C. Full-time employees will be paid straight time for holidays for the number of hours that the employee normally works on holidays. Regular part-time employees will receive straight time holiday pay based on the length of his/her part-time day, i.e., if the employee works a regular half-day, then he/she gets half-day holiday pay.
D. If any police department employee must work on a holiday, the rate of pay shall be one and one-half their regular rate of pay, unless the work on a holiday is overtime as described in RMC 2.70.040(A), in which case the rate of pay shall be as described in RMC 2.70.040(B).
E. To qualify for pay on a holiday, employees must work the working day before and the working day after the holiday or be otherwise eligible for pay the day before or the day after a holiday. Such other circumstances include:
1. Illness.
2. Attendance at a funeral for a member of the immediate family/household.
3. On authorized vacation.
4. Employees on extended leave of absence without pay do not receive holiday pay.
F. Temporary employees are not eligible for holiday pay. [Ord. 911 § 1, 2001; Ord. 748, 1993; Ord. 623 § 5, 1986.]
2.70.060 Vacations.
Regular full-time employees, whether the employee works an eight-hour or a 10-hour day, shall be entitled to vacation with pay at their regular rate, according to the following schedule. Such vacation shall be accrued from the first day of employment and available for use by the employee after one calendar month from the first day of employment.
|
Years of Service |
Vacation Time |
|
(Average of more than 30 hours per week is performed) |
|
|
After 1 year |
10 days per year |
|
After 2 years |
10 days per year |
|
After 3 years |
10 days per year |
|
After 4 years |
12 days per year |
|
After 5 years |
12 days per year |
|
After 6 years |
15 days per year |
|
After 7 years |
15 days per year |
|
After 8 years |
15-1/2 days per year |
|
After 9 years |
15-1/2 days per year |
|
After 10 years |
20 days per year |
|
Over 10 years |
20 days per year |
An employee may carryover unused vacation time from one year to the next year; provided, that no employee may accumulate more than a maximum of six weeks of unused vacation time by the anniversary date of his/her employment with the city.
“Anniversary date” means the date of the first day of his/her current, continuous employment with the city, regardless of whether such employment was full- or part-time.
Regular part-time employees shall receive vacation with pay prorated by his/her regularly worked part-time day times rate of pay.
Upon termination, vacation days will be paid for the year if the employee has completed 140 compensated days of that year counting from the anniversary date of employment. Vacation time must be coordinated with the mayor. [Ord. 807 § 1, 1996; Ord. 788 § 2, 1995; Ord. 733, 1992; Ord. 683, 1990; Ord. 623 § 6, 1986.]
2.70.065 Longevity pay.
Each regular full-time employee shall be entitled to receive annually compensation in addition to his or her regular pay based on the number years that employee has worked for the city of Roslyn as follows:
|
Years of Service |
Additional Compensation |
|
5 years to 9 years |
$60.00 |
|
10 years to 14 years |
$120.00 |
|
15 years to 19 years |
$180.00 |
|
20 years+ |
$240.00 |
[Ord. 926 § 1, 2002; Ord. 911 § 1, 2001; Ord. 788 § 3, 1995.]
2.70.070 Sick leave.
All regular full-time employees and the part-time librarian shall be entitled to sick leave with pay at the employee’s regular rate when he/she is incapacitated for the performance of assigned duties by reason of sickness or injury resulting from causes beyond the employee’s control, or when, through exposure to contagious diseases, the presence of the employee at his or her post duty would jeopardize the health of others. The rate of sick leave pay will be at the employee’s regular rate of pay. That rate will be eight hours of sick leave at the regular rate of pay for those employees regularly scheduled for an eight-hour or 10-hour day.
Further, a doctor’s certificate may be required for verification of illness.
Such sick leave shall accrue at the rate of one regular work day per month per employee, with the exception of the librarian, who shall receive three and one-half hours of sick leave per month, and unused sick leave may accrue to a limit of 120 days. Notification of absence on account of illness shall be given to the department head on the first day of absence. Failure to notify the department supervisor on the first day of absence may constitute cause for loss of sick pay. [Ord. 926 § 1, 2002; Ord. 807 § 2, 1996; Ord. 708, 1991; Ord. 623 § 7, 1986.]
2.70.080 Sick leave buy-back.
Upon termination of employment with at least 10 years’ employment with the city of Roslyn, or death, the employee or employee’s estate shall be entitled to receive a lump sum payment for unused sick leave. For employees hired prior to January 2001, to be paid at one-half of the pay rate the employee was earning in his/her last year of service, up to 120 days. (For example, if the employee was earning $10.00 per hour in his/her last year of service, he/she would be entitled to receive a lump sum payment at the rate of $5.00 per hour for all unused sick leave accrued.) For employees hired after January 2001, upon termination of employment with at least 10 years’ employment with the city of Roslyn, or death, the employee or employee’s estate shall be entitled to receive a lump sum payment for unused sick leave, not to exceed 480 hours accrued sick leave, at one-quarter (25 percent) of the pay rate the employee was earning in his/her last year of service. (For example, if the employee was earning $10.00 per hour in his last year of service, he/she would be entitled to receive a lump sum payment at the rate of $2.50 per hour for all unused sick leave accrued.) [Ord. 911 § 1, 2001; Ord. 623 § 8, 1986.]
2.70.085 Benefits – Employee choice.
The city of Roslyn shall provide a lump sum of money for the purpose of providing medical, dental, vision and life insurance benefits to each employee. Each employee may use the lump sum as the employee chooses, but the employee must use the lump sum amount for medical, dental, vision and/or life insurance benefits. This choice is available to employee only if the required minimum enrollments are met in any benefit program. [Ord. 788 § 4, 1995.]
2.70.090 Compassionate leave.
Employees will be granted up to five days’ leave with pay in the event of death in the employee’s immediate family (spouse, parent, child, sibling, grandparent, grandchild, immediate in-law, or member of the immediate household). On the first day of such absence, the employee must notify City Hall. [Ord. 788 § 5, 1995; Ord. 623 § 9, 1986.]
2.70.100 Court time.
An employee required to attend court on the city’s behalf shall receive expenses and straight time pay. In cases where time unavoidably runs beyond the 40-hour work week, time and one-half will be paid. Overtime must be reported to the mayor as soon as known. [Ord. 623 § 10, 1986.]
2.70.110 Evaluations.
Each employee is required to meet a minimum of once a year, or more if requested, with the mayor and a majority of the personnel committee to review and evaluate job performance, which may involve job-related items in his/her personnel file. [Ord. 623 § 11, 1986.]
2.70.120 Grievances procedures.
The mayor and/or the personnel committee and/or the city council of Roslyn will try to settle grievances promptly and fairly.
An employee’s decision to implement the right to follow grievance procedures will be free from interference, discrimination or reprisal.
A. Definition of Grievance. An issue raised by an employee relating to an alleged violation of rights, benefits or conditions of employment.
Copies of the original grievance report and all subsequent related reports shall go to (1) the mayor, (2) the employee’s confidential personnel file, and (3) the chairman of the personnel committee. All documentation will be treated as confidential initially.
B. Procedure.
1. Step 1. An aggrieved employee shall first refer the grievance to the mayor within five working days of the occurrence of the action from which the grievance stems, or the employee’s knowledge of such action. This notice must be in writing and include (1) a statement of the grievance and relevant facts and dates, and (2) remedy sought. The mayor shall respond to the grievance in writing within 10 working days.
2. Step 2. If, after thorough evaluation, the decision of the mayor has not resolved the grievance to the satisfaction of the employee, the grievance may be submitted in writing to the personnel committee of Roslyn city council. All materials previously submitted shall be made available for review and consideration of the personnel committee. The committee will provide the opportunity to interview the employee and shall receive any additional related information. The committee shall make a reasonable attempt to provide a written decision within 15 working days.
3. Step 3. If a decision of the personnel committee has not resolved the grievance to the satisfaction of the grievant, he/she may request in writing within five working days of the decision that the city council with the mayor review the decision of the personnel committee in executive session. The council shall make a reasonable attempt to have a written decision available within 15 working days.
C. General Ground Rules for Grievances. An aggrieved employee may be represented by any person in an advisory capacity to assist in presenting all facts relevant to the grievance and necessary to the equitable solution of the grievance. If the employee chooses to be represented by an attorney, then the city attorney need not be restricted to an advisory capacity, but may function in such matters as cross examination, weighing of evidence, etc.
All employee grievances must follow this chain of appeal. All references to number of days are understood as working days. Time limits may be waived upon consent of both parties. [Ord. 623 § 12, 1986.]
2.70.130 Constructive/progressive discipline.
It is our hope that disciplinary action should rarely be necessary; however, it is the policy to take appropriate action when an employee engages in a practice which is in conflict with the best interests, and impairs the effective functioning, of the city of Roslyn.
The objective of disciplinary action is to avoid recurrence and achieve correction. Accordingly, all actions taken shall be toward this objective and not punitive in intent. Consistency in the application of disciplinary measures is essential in order to create a sound and constructive relationship between the city of Roslyn and its employees.
In determining the degree of disciplinary action to be applied, full consideration will be given to the seriousness of the offense, the intent and attitude of the individual, and the environment in which the offense took place.
Documentation of disciplinary action will not be placed in an employee’s file without his/her knowledge. A periodic review of employee files will ensure timely removal of documentation that is no longer relevant.
Following is a specific analysis of each stage of the progressive disciplinary procedure:
A. Step 1. Oral warning/instruction is a verbal request for a correction of unacceptable on-the-job practice. This is the most informal step of the progressive discipline procedure. The oral step involves a supervisor discussing with the employee his/her “on-the-job” shortcoming(s) and what correction action(s) needs to be taken. It is essential that the employee recognize and understand both the problem and the needed corrective action.
A memo documenting this discussion shall be placed in the employee’s file. The employee will be requested to acknowledge the fact that the discussion took place by initialing the memo. It is not necessary that the memo contain specifics, only that a discussion took place, and the subject. A copy shall go to the personnel committee.
B. Step 2. Written warning is a written request for correction of an unacceptable on-the-job practice. A written warning should be utilized when warranted by the seriousness of the offense or when an oral warning has been ineffective. Written warnings shall include a description of the problem and the corrective action the employee must take, as well as the date by which the action must be taken, and what the consequences of not correcting the situation will be. A copy of the written warning shall be retained in the employee’s personnel folder, and another copy sent to the personnel committee.
C. Step 3. Investigative suspension is a period of time, during which the employee is off the active payroll, that is used for determining the facts of a situation which could result in severe disciplinary action. Such period shall not exceed two weeks’ duration. The suspension should be accompanied by a letter which refers to any earlier oral and written warnings that have gone unheeded. Upon completion of the investigation, one of three courses of action may be taken:
1. Suspension for a definite period of time;
2. Other disciplinary action, including dismissal;
3. Restitution to the employee for time lost if the investigation determines that no disciplinary action is appropriate.
D. Step 4. Dismissal is to be invoked when the severity of the offense dictates or when the employee fails to respond positively to the demands that an untenable situation be corrected. These demands will be in the form of documented verbal and written warnings. In essence, this dismissal is not disciplinary action but rather an admission that attempts to correct an unacceptable situation were unsuccessful. In the event of extremely serious offense, i.e., theft, violence, or gross insubordination, it may not be necessary and appropriate for the mayor to use all or part of the initial states of the procedure.
Disciplinary action, including dismissal, may be taken for, but is not limited to, the offenses listed below:
1. Excessive absenteeism, abuse of sick leave privileges, and/or related tardiness.
2. Sale, purchase or use of illegal drugs.
3. Dishonesty.
4. Theft of city property.
5. Being under the influence of alcohol, illegal drugs or narcotics.
6. Inability to get along with other employees or volunteers.
7. Abusive treatment of those doing business with Roslyn.
8. Neglect of duties or poor work performance.
9. Misconduct or behavior not appropriate for a Roslyn employee while representing the city.
10. Falsification of employment or personnel records.
11. Misuse or abuse of property and equipment belonging to the city.
12. Sexual harassment.
13. On-the-job practices inconsistent with the ordinary, reasonable, common sense rules of conduct necessary to the mutual welfare of Roslyn, its taxpayers and employees.
14. Misrepresentation or misuse of powers and authority as a city employee.
15. Violation of the expectation to perform in a professional manner respecting citizens, other employees, city officials, and reflecting well upon the city of Roslyn. [Ord. 788 § 6, 1995; Ord. 623 § 13, 1986.]
2.70.140 Jury duty.
An employee must let the mayor know immediately if he/she has been selected for jury duty. Depending on the needs of the city, the mayor may request an occupational release from jury duty. If the employee is still required to serve, the city of Roslyn will pay the difference between jury fees received and straight time rate of pay. Driving time and expense will not be paid. Overtime will not be paid. On days an employee reports to jury duty and is not required to work as a juror, he/she must report to work at Roslyn City Hall in order to be compensated for that day. [Ord. 623 § 14, 1986.]
2.70.150 Personnel records.
The city clerk shall maintain a personnel record for each employee. The personnel committee shall also maintain duplicate files of each personnel file maintained by the city clerk. The personnel record shall show employee’s name, title, job description, department, salary, change in employment status, training received, employment history, incident reports, disciplinary actions, and other such information as may be considered pertinent.
All employee records shall be considered confidential, and shall be accessible only to the clerk, the mayor, and the personnel committee. [Ord. 788 § 7, 1995; Ord. 623 § 15, 1986.]
2.70.160 Copy of policies.
All employees and new hires shall receive a copy of the personnel policies ordinance codified in this chapter. [Ord. 623 § 16, 1986.]