Chapter 2.100

These personnel policies, as enacted by the Sumner city council, apply to all city employees and volunteers. In cases where these policies conflict with any city ordinance, civil service rules and regulations, the provisions of a collective bargaining agreement, state or federal law, the terms of that law or agreement prevail. In all other cases, these policies apply. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (1.1), 1999)

2.100.020 Implementing/changing the policies and/or procedures.

The city council, by ordinance, may enact changes to the personnel policies. As the need arises, the mayor or city administrator may develop, implement and/or modify personnel procedures and administrative procedures, and will notify the city council when forwarding the change(s) to them for inclusion in their policy and procedures manual. The mayor or city administrator may deviate from the procedures in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the city’s citizens. Employees may request specific changes to the policies and/or procedures by submitting suggestions to their department director. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (1.2), 1999)

2.100.030 Definitions.

A. “Department director” means an employee who is responsible for directing one or more departments.

B. “Immediate family” includes the employee’s parents, spouse, domestic partner, child, brother or sister, mother-in-law or father-in-law, son-in-law or daughter-in-law, grandparent, grandchild, or other relative who lives in the employee’s home.

C. “Regular full-time employee” means an employee who has successfully completed a trial period as defined in these policies and who regularly works a minimum of 40 hours a week.

D. “Regular part-time employee” means an employee who has successfully completed a trial period as defined in these policies and who regularly works less than 40 but at least 20 hours a week.

E. “Temporary and seasonal workers” means employees who hold jobs of limited duration due to special projects, abnormal work loads or emergencies. Temporary employees are not eligible for city benefits. Seasonal employees are considered to be temporary employees, unless specified otherwise in a collective bargaining agreement.

F. “Probationary employee” means employees who have not yet completed their probationary period in a regular position and who have not been certified to regular employment status. Unless otherwise specified, when regular employees are referred to in these policies, they shall include probationary employees. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (1.3), 1999)

Article II. General Policies and Practices

2.100.040 Equal employment opportunity policy.

The city is an equal employment opportunity employer. The city employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies shall be applied without regard to any individual’s sex, race, color, religion, national origin, pregnancy, age, marital status, or sensory, physical or mental disability. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.1), 1999)

2.100.050 Disability discrimination prohibited.

The city does not discriminate against qualified applicants or employees with a sensory, physical or mental disability, unless the disability cannot be reasonably accommodated and prevents proper performance of an essential element of the job. The city will reasonably accommodate qualified individuals with disabilities. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.2), 1999)

2.100.060 Life threatening/communicable diseases.

Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance in a recognized job classification and medical evidence shows they are not a threat to themselves or their co-workers. The city will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions, including discharge, when a substantial and unusual safety risk to fellow city employees or the public exists. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.3), 1999)

2.100.070 Sexual harassment prohibited.

A. Sexual harassment is a form of sex discrimination and is illegal. Sexual harassment is also inappropriate and offensive and will not be tolerated by the city.

B. Sexual harassment is behavior of a sexual nature which is unwelcome. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct constitute sexual harassment when:

1. It is part of a manager’s or supervisor’s decision to hire or fire;

2. It is used to make other employment decisions such as pay, promotion, or job assignments;

3. It creates an intimidating, hostile, or offensive work environment.

C. Employees engaging in improper harassment are subject to discipline up to and including termination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.4), 1999)

2.100.080 Employee personnel records.

A personnel file for each employee is kept in the human resources department. An employee’s personnel file contains the employee’s name, title and/or position held, job description, department to which the employee is assigned, salary, changes in employment status, training received, performance evaluations, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file.

Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in his/her personnel file. If the city denies the employee’s request to remove the information, employees may file a written rebuttal statement to be placed in their file.

Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee’s personnel file will be released to the public, including the press, without a written request for specific information. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.5), 1999)

Article III. Recruiting and Hiring

2.100.090 Recruiting.

Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence.

Each applicant shall complete and sign an application form prior to being considered for any position. Resumes may supplement, but not replace, the city’s official application.

Any applicant supplying false or misleading information is subject to having their application rejected or, if hired, subject to immediate termination.

The city may provide reimbursement for selected candidates for their expenses incurred in conjunction with their participation in the selection process for exempt, eligible management level positions. Expenses must be approved for payment before the expenses are incurred. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.1), 1999)

2.100.100 Hiring.

When a regular full-time or part-time position becomes vacant and prior to any posting or advertisement of the vacancy, the department head shall review the position, its job description, the need for such a position, and prepare and submit a written request to fill the position to the mayor or city administrator. The position may be posted and/or advertised only after the mayor or city administrator has approved the request.

Residency within the city shall not be a condition of initial appointment or continued employment; provided, however, that an employee’s selection of residence shall not interfere with the daily performance of his/her duties and responsibilities, except when specified in the Sumner Municipal Code.

Applicants for positions in which the applicant is expected to operate a motor vehicle must be at least 18 years old and will be required to present a valid Washington State driver’s license with any necessary endorsements. Driving records of applicants may be checked prior to employment and continuously throughout employment if the employees position allows the employee to drive a city vehicle. Applicants with poor driving records, as determined by the city, may be disqualified for employment with the city in positions requiring driving. Employees with poor driving records, as determined by the city, may be subject to discipline up to and including termination.

The city may administer pre-employment examinations to test the qualifications and ability of applicants for regular full-time and part-time employment, as determined necessary by the city. The city may contract with any agency or individual to prepare and/or administer examinations.

After an offer of employment has been made and prior to commencement of employment, the city may require persons selected for employment to successfully pass a medical examination, including an alcohol and drug test. The purpose of the examination is to determine if the individual is physically able to perform the job and to ensure his/her physical condition will not endanger the health, safety or well-being of other employees or the public. The offer of employment may be conditioned on the results of the examination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.2), 1999)

2.100.110 Temporary employees, seasonal workers and summer workers.

A. Department directors may use temporary employees, seasonal workers and summer workers to temporarily replace regular employees who are on vacation or other leave, to meet peak work load needs, or to temporarily fill a vacancy until a regular employee is hired. Temporary employees, seasonal and summer workers may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws. The method of selection of temporary employees, seasonal workers, and summer workers shall be at the discretion of the mayor or city administrator.

B. Compensation – Benefits. Temporary employees, seasonal and summer workers are eligible for overtime pay as required by law. Temporary employees, seasonal and summer workers do not receive retirement, vacation leave, sick leave, health insurance, holidays or any other benefits during their employment unless otherwise provided by a collective bargaining agreement.

C. Temporary employees, seasonal and summer workers not subject to a collective bargaining agreement shall serve at the discretion of the mayor or city administrator. Pay rates for temporary employees, seasonal workers, and summer workers shall be established through adoption of the annual budget.

D. Temporary employees, seasonal and summer workers pay contributions to the Social Security Administration, as does the city on their behalf. Temporary employees, seasonal workers, and summer workers will normally not be placed in the state PERS retirement system, unless they work over 70 hours per month for more than five consecutive months in a 12-month period. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.3), 1999)

2.100.120 Regular part-time employees.

A regular part-time employee is an employee who has successfully completed a probation period as defined in these policies and who regularly works less than 40 hours a week. Regular part-time employees who work at least 20 hours a week shall receive employee benefits on a pro rata basis during their employment, including retirement, vacation leave, sick leave, health insurance, holiday pay, and other employee benefits identified in these personnel policies. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.4), 1999)

2.100.130 Probationary period.

A. Upon hire or appointment, all regular employees enter a probation period that is considered an integral part of the selection and evaluation process. The probation period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate.

B. The normal probation period is six to 12 months from the employee’s date of hire, rehire or promotion. The mayor or city administrator may authorize the department director to extend the probation period for up to an additional six months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee’s performance, unless otherwise provided by a collective bargaining agreement.

C. Once the probation period is successfully completed, the employee may be certified to regular employment status. Satisfactory completion of the probation period does not create an employment contract or guarantee employment with the city for a specified duration.

D. Use of Sick Leave/Vacation During Probation Period. Probation employees may use their accrued sick leave from the beginning of their employment, but may not use earned vacation until they have successfully completed their probation period.

E. Probation is an extension of the selection process and failure to satisfactorily complete the probationary period as determined by the mayor, city administrator or department directors does not grant any right to appeal under these policies. Employees on probation may be terminated without cause by the mayor or city administrator. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.5), 1999)

2.100.140 Employment of relatives.

A. The immediate family of current city employees and city council members will not be employed by the city where:

1. One of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other;

2. One party would handle confidential material that creates improper or inappropriate access to that material by the other;

3. One party would be responsible for auditing the work of the other; or

4. Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the city.

B. Immediate relatives shall include spouse, child, stepchild, parent (including in-laws and stepparent or half parent), brother or sister, stepbrother or stepsister, half brother or half sister, grandparents, son-in-law, daughter-in-law, or grandchildren. This policy shall also apply to persons related by blood or marriage and/or residing in an employee’s home.

C. Change in Circumstances. If two employees marry, become related or begin sharing living quarters with one another, and in the city’s judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the city, unless reasonable accommodations, as determined by the mayor or city administrator, can be made to eliminate the potential problem. The decision as to which employee will remain with the city must be made by the two employees within 30 calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the city reserves the right to terminate either employee. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.6), 1999)

2.100.150 Promotions.

A. The city encourages promotion from within the organization whenever possible. All openings will be posted so that employees may become aware of opportunities and apply for positions in which they are interested and qualified.

B. Before advertising a position to the general public, the mayor or city administrator may choose to circulate a promotional opportunity within the city.

C. The city reserves the right to seek qualified applicants outside of the organization at its discretion.

D. All openings will be posted on the city bulletin board. To be considered for promotion, an employee must be employed in their position for at least six months, and meet the qualifications for the vacant position.

E. New Probation Period. After promotion to a new position, a new probation period of six months must be completed, unless waived or reduced by the department director or unless otherwise provided by a collective bargaining agreement and/or civil service rules. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee or a similar position having the same rate of compensation. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.7), 1999)

Article IV. Hours and Attendance

2.100.160 Working hours.

The city’s normal work week is Monday through Friday from 8:00 a.m. to 5:00 p.m. with a one-hour unpaid lunch period. Due to the nature of the city’s operations, alternative and/or longer hours may be necessary in some instances.

A normal working schedule for regular, full-time employees consists of 40 hours each work week. Different work schedules, such as in the case of police, may be established by the city to meet job assignments and provide necessary city services. Each employee’s department head will advise the employee regarding his/her specific working hours.

Part-time and temporary employees will work hours as specified by their department heads. (Ord. 2200 § 4, 2007: Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.1), 1999)

2.100.170 Hours of work and overtime.

All city positions are designated as either “exempt” or “nonexempt” according to the Fair Labor Standards Act (“FLSA”) and Washington Minimum Wage Act regulations.

For most city employees, the established work period is 40 hours within a seven-day work week unless otherwise provided in the collective bargaining agreement. All personnel are responsible for accurately reporting all hours worked on forms supplied by the city. Employees failing to accurately record time worked are subject to discipline.

Nonexempt employees are entitled to additional compensation, either in cash or compensatory time off, when they work more than the maximum numbers of hours during a work period. All overtime must be authorized in advance by the employee’s department head. Overtime pay is calculated at one and one-half times the employee’s regular rate of pay for all time worked beyond the established work period. When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time) is not counted as hours worked.

Exempt employees are not covered by the FLSA or Washington Minimum Wage Act overtime provisions and do not receive overtime pay but may receive informal paid leave in lieu of overtime pay. An exempt employee is paid to perform a job which may not necessarily be completed in a normal work week. In recognition of the extra time demands of certain exempt positions, informal paid leave may be granted by the mayor or city administrator at his/her discretion as recognition of such extended/extra work hours. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.2), 1999)

2.100.180 Alternative work schedule and flex time.

In accordance with the Washington’s Commute Trip Reduction Law and the Washington Clean Air Act, the city has established a policy to allow for alternative work schedules and/or flex time for city employees. Flex-time schedules and compressed work or modified compressed work weeks are encouraged where and when practical. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.3), 1999)

2.100.190 Compensatory time.

Nonexempt employees entitled to overtime pay may request compensatory time off instead of cash payment. This is approved on a case-by-case basis by the employee’s department head. The city is not required to grant compensatory time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. After maximum accrual, overtime compensation shall be paid.

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.

Employee compensatory time balances may be reviewed at least annually as part of the city’s budget process. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.4), 1999)

2.100.200 Attendance.

Punctual and consistent attendance is a condition of employment. Each department head is responsible for maintaining an accurate attendance record of his/her employees.

Employees unable to work or unable to report to work on time should notify their supervisor as soon as possible, ordinarily before the work day begins or within 30 minutes of the employee’s usual starting time. If an absence continues beyond one day, the employee is responsible for reporting in each day. If the supervisor is unavailable, the employee may leave a message with the department head or his/her designated representative, stating the reason for being late or unable to report for work.

An employee who is absent without authorization or notification is subject to disciplinary action, including possible termination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.5), 1999)

2.100.210 Unusual weather conditions.

During times of inclement weather or natural disaster, it is essential that the city continue to provide vital public services. It is expected that employees make every reasonable effort to report to work without endangering their personal safety.

An employee who is unable to get to work or leaves work early because of unusual weather conditions may charge the time missed to vacation, floating holiday, compensatory time, or leave without pay. The employee shall advise the supervisor by phone as in any other case of late arrival or absence. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.6), 1999)

2.100.220 Breaks and meal periods.

Employees shall take one 15-minute break for every four hours worked. All breaks shall be arranged so that they do not interfere with city business or service to the public. Meal periods shall be scheduled by the employee’s department head. The scheduling of meal periods may vary depending on department workload. Meal periods are unpaid and usually one hour in length. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.7), 1999)

2.100.230 Call back.

All employees are subject to call back in emergencies or as needed by the city to provide necessary services to the public. A refusal to respond to a call back is grounds for immediate disciplinary action, including possible termination. Employees called back to duty will be paid their appropriate rate of pay for hours worked (the overtime rate for hours worked over the applicable overtime threshold). (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.8), 1999)

2.100.240 Payroll records.

The official payroll records are kept by the human resources director and finance department. Each department head shall turn in on a monthly basis a signed work record for each employee within their department, noting hours worked, leave taken and overtime worked. The mayor or city administrator shall sign work records for department heads. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.9), 1999)

Article V. Compensation

2.100.250 Salary classification and grades.

It is the responsibility of the city council to establish through approval of the annual budget the salary ranges for all positions in the city of Sumner. Each job title within the city is classified into one of the city’s classifications for salary purposes. Each classification is designated a particular salary or salary range shown on the city’s salary and wage schedule, which is approved annually by the city council. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (5.1), 1999)

2.100.260 Employee pay rates.

Employees shall be paid within the limits of the wage range to which their positions are assigned. Usually, new employees will start their employment at the minimum wage rate for their classification. However, a new employee may be employed at a higher rate than the minimum when the employee’s experience, training or proven capability warrant, or when prevailing market conditions require a starting rate greater than the minimum. Only the mayor or city administrator have the authority to employ a person at a rate higher than the salary range Step 1, with any step higher than 3 being approved by the city council.

Pay increases are contingent on satisfactory performance. If an employee’s performance is consistently unsatisfactory, the department head may defer a scheduled pay increase for a stipulated period of time or until the employee’s job performance is satisfactory.

The mayor or city administrator may propose and the city council may grant an across-the-board pay adjustment (cost-of-living increase) from time to time, raising the salaries of all positions by a specified amount within a defined group of classifications. Such adjustments, if any, will not change an employee’s pay anniversary date.

Any employee promoted to a position in a higher classification and salary range shall receive the next highest available pay step in the new range.

Temporary and seasonal workers’ pay shall not exceed the amount set by the city council.

The mayor and city administrator are authorized to promulgate rules, processes, and procedures to implement the total cost of compensation (TCC) program for nonrepresented employees. At a minimum, the TCC program shall include an opportunity for individual nonrepresented city employees to direct a portion of their respective TCC to certain benefit packages that include, but are not limited to, management leave, deferred compensation, healthcare 125, and base salary up to five percent. (Ord. 2241 § 1, 2007: Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (5.2), 1999)

2.100.270 Paydays.

City employees are paid monthly on the fifth day of each month. If a regularly scheduled payday falls on Saturday or Sunday or a holiday, pay checks will be distributed on Friday. Upon request of the employee, an employee may take a draw on their monthly check on the twentieth day of each month. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (5.3), 1999)

2.100.280 Deductions.

Some regular deductions from the employee’s earnings are required by law; other deductions are allowed by law and specifically authorized by the employee. The city will withhold from the employee’s paycheck those deductions required by law and any voluntary deductions authorized by the employee, by applicable collective bargaining agreement, when allowed by statute. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (5.4), 1999)

2.100.290 Travel away from the city.

All travel away from the city must be approved in advance by the mayor or city administrator. If private automobiles are used, employees will be reimbursed at the approved rate per mile. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (5.5), 1999)

2.100.300 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. Tips, not to exceed 15 percent, for meals, taxis, or baggage handling are reimbursable.

Requests for reimbursement, including receipts, shall be submitted on an expense report form signed by the employee and the department head. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (5.6), 1999)

2.100.310 Compensation upon termination.

When an employee’s employment with the city is terminated, the employee will receive the following compensation:

A. Regular wages for all hours worked up to the time of termination which have not already been paid.

B. Any overtime or holiday pay due.

C. A lump sum payment of any accrued but unused vacation, sick leave, and compensatory time. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (5.7), 1999)

Article VI. Performance Evaluations and Training

2.100.320 Performance evaluations.

To achieve the city’s goal to train, promote and retain the best qualified employee for every job, the city conducts periodic performance evaluations for all positions. The mayor or city administrator is responsible for developing and maintaining the city’s performance evaluation program. Employees are to be evaluated by their department heads prior to completion of their probation period and annually thereafter.

The performance evaluation is part of an employee’s personnel record and is a factor in determining whether the employee attains regular employment status. The performance evaluation may also be a factor in determining whether the employee receives a wage increase, or is to be promoted, transferred, demoted, laid off, or terminated. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (6.1), 1999)

2.100.330 Training policy.

The city seeks, within the limits of available resources, to offer training to increase an employee’s skill, knowledge and abilities directly related to city employment to obtain or maintain required licenses and certifications, and to develop staff resources. Opportunities may include, but are not limited to, on-the-job training, in-house workshops, and seminars sponsored by other agencies or organizations. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (6.2), 1999)

2.100.340 Tuition reimbursement.

The city seeks to provide educational opportunity and incentive to regular full-time employees who have successfully completed their probation. The city recognizes that job-related education and training benefits both the employee and the city and, therefore, provides educational assistance. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (6.3), 1999)

Article VII. Benefits

2.100.350 Retirement benefits.

The city makes contributions on behalf of all eligible employees to the Social Security System in addition to those contributions made by the employee through FICA payroll deductions. Most regular full-time and regular part-time employees are covered under the Public Employees Retirement System (PERS). Eligibility, benefit levels and contribution rates are set by the state of Washington. All regular uniformed employees in the police are covered by the Law Enforcement Officers’ and Firefighters’ Retirement System (LEOFF). Benefit levels and contribution rates are set by the state of Washington. Employees intending to retire should notify the human resources director of their intent to retire at least three months prior to the date of retirement. (Ord. 2200 § 5, 2007: Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (7.1), 1999)

2.100.360 State pension system – Prior service credit.

Repealed by Ord. 1990. (Ord. 508 § 2, 1948. Prior code § 1.20.020. Formerly 2.100.160.)

2.100.370 Volunteer firemen’s relief and pension.

Repealed by Ord. 1990. (Ord. 507 § 1, 1950. Prior code § 1.22.120. Formerly 2.100.170.)

2.100.380 Disability benefits (workers’ compensation).

All employees are covered by the State Workers’ Compensation Program. This insurance covers employees in case of on-the-job injuries or job-related illnesses. For qualifying cases, state industrial insurance will pay the employee for work days lost and medical costs due to job-related injuries or illnesses. All job-related injuries or accidents shall be reported immediately to the supervisor.

The city may require an examination at its expense, performed by a physician of its choice to determine when the employee can return to work and if he/she will be capable of performing the duties of the position. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (7.2), 1999)

2.100.390 Health insurance benefits.

Regular full-time and regular part-time employees and their dependents may be eligible to participate in the city’s various insurance programs on the first day of the month following employment. The criteria for eligibility as established in the benefits contract will be explained upon hire by the human resources department. The city contributes toward the cost of premiums in the amounts authorized by the city council. The remainder of the premiums, 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.

Temporary employees, summer workers and seasonal workers will normally not be eligible for health and welfare insurance benefits. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (7.3), 1999)

2.100.400 Continuation of insurance coverage.

A. Workers Compensation Leave. An employee receiving workers’ compensation benefits continues to accrue vacation leave and sick leave for up to six months as long as they are in a paid status. The city also continues to pay for the employer’s portion of health insurance premiums (unless otherwise provided by the employees collective bargaining agreement); provided, that the employee continues to pay their share of premiums, if any. After six months, the employee’s benefits shall cease unless the mayor or city administrator makes an exception based on the established criteria. The employee may continue health care benefits by self-paying insurance premiums for the remainder of the time he/she receives workers’ compensation benefits.

B. COBRA Benefits. Upon an employee’s separation from service the employee may be eligible to continue city health insurance benefits, at the employees expense, to the extent provided under the federal COBRA regulations. An administrative handling fee over and above the cost of the insurance premium may be charged the employee or his/her dependents who elect to exercise their COBRA benefits.

C. Termination, Retirement, Leave of Absence. For eligible employees who terminate, retire or are on an approved leave of absence, the city will pay the premium for the month the employee is leaving, provided the employee is on paid status for the first 10 days of the month. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (7.4), 1999)

2.100.410 Unemployment compensation.

City employees may qualify for state unemployment compensation after termination from city employment, as established by Washington State law. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (7.5), 1999)

2.100.420 Deferred compensation.

Deferred compensation plans are available to all eligible city employees. Such voluntary plans provide the opportunity for long-term savings for retirement through regular deductions from one’s salary. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (7.6), 1999)

2.100.430 Miscellaneous benefits.

The city may choose to offer additional medical and other benefits to exempt or nonexempt employees as provided by the city council.

Effective April 1, 2004, the city will implement an Internal Revenue Service Code Section 125 flexible benefits plan. At the end of each year, any unspent monies in the employee flexible benefits account will revert to the administration of the city’s employee benefit program(s). (Ord. 2078 (part), 2004; Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (7.7), 1999)

Article VIII. Leaves

2.100.440 Vacation leave.

Each non-union, regular full-time employee is entitled to vacation leave as follows:


Years of Employment	Vacation Hours Earned
1 year	12 workdays
2 years	13 workdays
3 years	14 workdays
4 years	15 workdays
5 years	16 workdays
6 years	17 workdays
7 years	18 workdays
8 years	19 workdays
9 years	20 workdays
10 years or more	21 workdays

All new employees shall accrue vacation leave from the date of employment. Employees must satisfactorily complete their probation period to be entitled to use vacation leave. Regular part-time employees will receive vacation leave on a pro rata basis. Temporary employees, summer workers, and seasonal workers are not eligible for any vacation leave benefits unless otherwise provided by the collective bargaining agreement. Employees do not accrue vacation benefits during period of leave without pay.

Each department director is responsible for scheduling its employees’ vacations without undue disruption of department operations. Vacation leave may be denied or approval of vacation leave modified or changed in emergency situations or where such leave causes undue disruption of department operations.

Employees will be paid for unused vacation time upon termination of employment at the rate of 100 percent.

Employees who are granted a leave of absence with pay for any purpose shall continue to accrue vacation leave at the regularly prescribed rate during such absence if so approved by the mayor or city administrator. Vacation leave will accumulate at the regularly prescribed rate during vacation leave absences and absences due to sick leave. These leaves shall not accrue if the employee is in an unpaid status. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.1), 1999)

2.100.450 Sick leave.

A. Sick Leave – Accrual.

1. Sick leave at the rate of 12 workdays per year, one day per month or one shift per month, shall be granted to all regular full-time non-union employees.

2. Upon termination of employment all regular full-time employees, except those under collective bargaining agreements, shall be paid one of the following percentages:

a. Death: 100 percent;

b. Retirement: 100 percent;

c. Resignation: 25 percent;

d. Layoff: 25 percent.

3. All regular full‑time union employees shall, upon termination of employment, be paid for their accumulated sick leave according to the terms of their respective collective bargaining agreement.

4. Sick leave credit shall accrue for the actual time for which the employee was in a paid status, including paid leave and vacation.

5. All regular full-time non-union employees shall, after accruing the maximum accrual of 90 days or shifts, have the option to sell back to the city up to 10 days or 10 shifts of sick leave per year at the full current rate of pay; provided, that the city has sufficient funds available and the employee maintains a minimum of 60 days or shifts of sick leave. Should the employee elect to sell back sick leave, then their payoff at the time of separation shall be reduced by the number of days previously compensated.

B. Sick Leave – Employee Requirements. No payment for absence due to illness or injury will be allowed unless such employee completes the following requirements:

1. An employee shall give prompt notice to their immediate supervisor, by telephone or otherwise, on their first day off duty;

2. An employee shall show that they have taken treatment precautions or other acceptable, effective measures to correct the condition and return to duty as soon as reasonably possible;

3. An employee off duty on paid vacation may be allowed to charge some of such absence to their sick leave account by reason of actual disability during that period;

4. An employee shall be required to submit a report/letter from a doctor verifying the medical condition for which sick leave is taken. A doctor’s certificate may be required when an employee is absent for a period in excess of three days or when the department director, after consultation with the human resources director, believes that sick leave is being abused. The city may also request the opinion of a second doctor at the city’s expense to determine whether the employee suffers from a chronic physical or mental condition which impairs his/her ability to perform the job. Employees who are habitually absent due to illness or disability may be terminated if their disability cannot be reasonably accommodated and/or when the employee’s absenteeism prevents the orderly and efficient provision of services to the citizens of the city.

Employees who use all their accumulated sick leave and require more time off from work due to illness or injury may, with their department head’s prior approval, request leave without pay. (See leave without pay policy, SMC 2.100.460.) (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.2), 1999)

2.100.460 Leave without pay.

The mayor or city administrator may grant leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.3), 1999)

2.100.470 Jury and witness leave.

Employees who are called to serve on a jury or appear as a subpoenaed witness in any established court shall be released from work to do so. During the period of such absence, the employee on jury duty will receive full salary. An employee who is a subpoenaed witness will receive full salary upon proof that the testimony given was on behalf of the city. However, any jury or witness fees received by the employee must be endorsed or paid to the city. Employees who are absent from work for these purpose will retain seniority and all benefits.

The time away will not affect vacation or sick leave accruals. Employees who appear in court as the plaintiff or defendant in any action, wherein the city is not a party, shall not be paid for the time away from work unless that time is accrued vacation leave. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.4), 1999)

2.100.480 Administrative leave.

On a case-by-case basis, the city may place an employee on administrative leave with or without pay for an indefinite period of time. Administrative leave may be used in the best interests of the city as determined by the mayor or city administrator during the pendency of an investigation or other administrative proceeding. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.5), 1999)

2.100.490 Military leave.

The city shall provide all employees leave while performing military service in accordance with federal and state law. Employees are required to provide their supervisor with copies of their military orders as soon as possible after they are received. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.6), 1999)

2.100.500 Family leave.

The city recognizes the occasional need for time off to care for family members who have serious health conditions. This policy allows eligible employees to take reasonable leaves of absence for the birth, adoption of a child, or placement of a foster child, for the care of a spouse, child or parent who has a serious health condition, or because the employee is unable to perform the functions of his/her position due to a serious health condition.

The provisions of this policy shall comply with the Family and Medical Leave Act of 1993 and chapter 49.78 RCW, the Family Leave Act of 1989 and amendments thereto. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.7), 1999)

2.100.510 Bereavement leave.

Employees who suffer a death in the immediate family shall be granted three full days of leave with pay; five full days if the employee attends a funeral out of state. This leave shall be noted as funeral leave and shall not affect vacation or sick leave accumulations. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.8), 1999)

2.100.520 Holidays.

The following are recognized as paid holidays for all non-union, regular full-time and part-time employees:


New Year’s Day	January 1st
Martin Luther King Jr.’s Birthday	3rd Monday in January
President’s Day	3rd Monday in February
Memorial Day	Last Monday in May
Independence Day	July 4th
Labor Day	1st Monday in September
Veteran’s Day	November 11th
Thanksgiving Day	4th Thursday in November
Day after Thanksgiving	Day after Thanksgiving
Christmas Day	December 25th

Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday.

All employees shall be entitled to one floating holiday per calendar year, subject to approval of the scheduled date by the employee’s supervisor. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.9), 1999)

2.100.530 Benefits for part-time and temporary employees.

Unless noted otherwise in these policies, benefits for regular part-time and temporary employees are as follows:

A. Regular Part-Time Employees. All leaves, including holidays, and insurance premiums are pro‑rated. Pro-rated means the ratio between the number of hours in the employee’s normal work schedule and 40 hours per week.

B. Temporary Employees. Temporary employees, including seasonal and summer workers, are not eligible to receive benefits, including leaves, holidays and insurance, unless otherwise provided by a collective bargaining agreement. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (8.10), 1999)

2.100.540 Leave for FLSA overtime exempt personnel.

The city recognizes that certain FLSA-exempt positions are required to work substantially in excess of the standard work schedule for the city on an ongoing, regular basis. The mayor or the city administrator has the authority to authorize additional leave for these positions. (Ord. 1990 § 1 (part), 2001: Ord. 1968 § 1, 2001: Ord. 1889 § 19, Exh. A (8.11), 1999)

2.100.545 Sick leave sharing.

Authorizing the city administrator and human resources manager to establish, implement and facilitate a sick leave sharing personnel policy. (Ord. 2310 § 1, 2009)

Article IX. Employee Responsibilities and Conduct

2.100.550 Code of ethics – Conflict of interest.

A. Purpose. To establish a code of ethics for all city officials and employees to provide consistent guidelines in the event of conflicts and to prevent conflicts of interest.

B. Policy. It is the policy of the city of Sumner that the conduct and financial dealings of public officials and employees shall present no actual or apparent conflict of interest between the public trust and private interest. The city shall uphold, promote and demand the highest standards of ethics from its officials and employees for personal integrity, truthfulness, honesty and fairness in carrying out their public duties.

This code of ethics is necessary in order to eliminate conflicts and conflicts of interest in public office, improve standards of public service and promote and strengthen the faith and confidence of the citizens of the city of Sumner in their government.

C. Reference. Chapter 42.23 RCW.

D. Definitions.

1. “Accomplice” means a person with knowledge that an action will promote or facilitate the commission of a crime or violation of an ordinance and/or policy and procedure.

2. “Compensation” means anything of economic value, however designated, which is paid, granted or transferred, or is to be paid, granted, or transferred for, or in consideration of, personal services to any person.

3. “Doing business with the city” or “transactions with the city” means to participate in any proceedings, applications, submissions, request for rulings, or other determinations, contracts, claims, case or other such particular matters which the city employee in question believes or has reason to believe:

a. Is, or will be, the subject of city action;

b. Is one to which the city is or will be a party;

c. Is one in which the city has a direct and substantial proprietary interest.

4. “Employee” means all regular full- and part-time, full- and part-time temporary, seasonal, summer, student, represented, unrepresented and auxiliary employees are considered officers and employees of the city for purposes of this code of ethics.

5. “Gift” means anything of economic value, not including campaign contributions, informational materials exclusively for official or office use, memorials, trophies, and plaques of no commercial value, gifts of $50.00 or less for bona fide, nonrecurring, ceremonial occasions or any gifts which are not used and which within 30 days after receipt are returned to the donor, or donated to a charitable organization without seeking a tax deduction.

6. “Immediate family” means a spouse, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, step-son, step-daughter, step-mother, step-father, step-brother, step-sister, grandparents or any relative residing in the employee’s immediate household.

7. “Officials” means any city elected officials and members of city boards, commissions or committees.

8. “Participate” means, in connection with a transaction involving the city, to be involved in a city action personally and substantially as a city employee either directly, or through others’ approval, disapproval, decision, recommendations, the rendering of advice, investigation or otherwise.

9. “Person” means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit.

10. “Thing of value” means anything of tangible worth which is not compensation or a gift.

E. Procedures.

1. Just and Equitable Treatment.

a. Use of Public Property. No city employee shall request or permit the use of city-owned vehicles, equipment, materials or property or the expenditure of city funds for personal convenience or profit. Use or expenditure is to be restricted to such services as are available to the public generally or for such employee in the conduct of official business.

b. Obligations to Citizens. No city employee shall grant any special consideration, treatment or advantage beyond that which is available to every other citizen.

c. Except as authorized by law and in the course of his or her official duties, no city employee shall use the power or authority of her or her office or position with the city in a manner intended to induce or coerce any other person to provide such city employer or any other person with any compensation, gift, or other thing of value, directly or indirectly.

d. No city employee may ask for or receive, directly or indirectly, any compensation, gift or thing of value, or promise thereof, for performing or for omitting or deferring the performance of any official duty or action by the city other than the compensation, costs or fees provided by law.

2. Conflict of Interest. No city employee shall engage in any act which is in conflict with the performance of official duties. A city employee shall be deemed to have a conflict of interest if the employee directly or indirectly:

a. Receives or has any financial interest in any purchase, sale or lease to or by the city of any service or property when such financial interest was received or obtained with the prior knowledge that the city intended to purchase, sell, or lease such property or service;

b. Is beneficially interested, directly or indirectly, in any contract, sale, lease, option or purchase that may be made by, through, or under the supervision of the employee, in whole or in part, or accepts, directly or indirectly, any compensation, gift or thing of value from any other person beneficially interested therein;

c. Accepts or seeks for others, directly or indirectly, any employment, travel expense, service, information, compensation, gift or thing of value on more favorable terms than those granted to other city employees or the public generally, from any person doing business or seeking to do business with the city for which the employee has responsibility or with regard to which he or she may participate; provided, that this subsection shall not apply to the receipt by elected officials, or by employees who are supervised directly by an elected official, of meals, refreshments or transportation within the boundaries of the city when given in connection with meetings with constituents or meetings which are informational or ceremonial in nature;

d. Accepts, directly or indirectly, any gift, favor, loan, retainer, entertainment, travel expense, compensation or other thing of value from any person doing business or seeking to do business with the city. A conflict shall be deemed to exist where a reasonable and prudent person would believe that the gift, compensation, thing of value, or more favorable terms, was given for the purpose of obtaining special consideration or to influence city action;

e. Participates in, influences or attempts to influence, directly or indirectly, the selection of, or the conduct of business or a transaction with, a person doing or seeking to do business when the city employee has a financial interest in or with said person;

f. Discusses or accepts an offer of future employment with any person doing or seeking to do business with the city if either:

i. The employee knows or has reason to believe that the offer of employment was or is intended, in whole or in part, directly or indirectly, as compensation or reward for the performance or nonperformance of a duty by the employee during the course of city employment or to influence city action pertaining to the business; or

ii. The employee has responsibility for a matter upon which the person is doing or seeking to do business with the city unless the employee has disclosed in writing to his or her appointing authority that the employee intends to discuss future employment with a specific person and the appointing authority has designated, in a memorandum filed with the city administrator and a copy of which is maintained by the appointing authority, a method of providing for an alternative decision maker with regard to matters involving such person for which the employee otherwise would have responsibility;

g. Within one year of entering city employment awards a city contract or participates in a city action benefiting a person that formerly employed him or her; provided, that participation other than contract award may be authorized in a memorandum by the appointing authority following written disclosure by the affected employee and that such authorization shall be maintained by the appointing authority;

h. Is an employee, agent, officer, partner, director or consultant of any person doing or seeking to do business with the city, unless such relationship has been disclosed;

i. Engages in or accepts compensation or employment or renders services for any person or a governmental entity other than the city when such employment or service is incompatible with the proper discharge of official duties or would impair independence of judgment or action in the performance of official duties. In addition, all employees are encouraged to notify their department director of either new or continued employment or acceptance of any compensation or anything of value for service performed outside city of Sumner government.

If such employment or service is deemed by the department director to pose a conflict of interest, the employee immediately shall divest such. Failure to do so shall be grounds for dismissal.

j. Enters into a business relationship outside city government with any other employee for whom he or she has a supervisory responsibility;

k. Enters into a business relationship outside city government with any person with regard to a matter for which the employee has responsibility as a city employee;

l. Appears on behalf of a person before any regulatory governmental agency, or represents a person in any action or proceeding against the interest of the city in any litigation to which the city is a party, unless the employee has a personal interest in the litigation and this personal interest has been disclosed to the regulatory governmental agency or adjudicating individual or body. A city councilmember may appear before regulatory governmental agencies on behalf of constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations; however, no official or employee shall accept a retainer or compensation or any gift or thing of value that is contingent upon a specific action by a city agency;

m. Directly or indirectly possesses a substantial or controlling interest in any person which does or seeks to do business with the city, without disclosing such interest as provided by this procedure. A substantial interest is an interest that exceeds one-tenth of one percent of the outstanding securities of the person; or, if the interest is in an unincorporated business concern, exceeds one percent of the net worth of such concern; or the financial interest of a person exceeds five percent of the net worth of the employee and his or her immediate family;

n. As a city councilmember has a financial or other private interest in any legislation or other matter coming before the council, and fails to disclose such an interest on the records of the city council. This provision shall not apply if the other councilmember disqualifies himself or herself from voting by stating the nature and extent of such interest. Any other employee who has a financial or other private interest and who participates in an action or proposed action of the city council and fails to disclose on the records of the city council the nature and extent of such interest shall be deemed in violation of this procedure.

o. Discloses or uses for the personal benefit of the employee or his or her immediate family any information acquired in the course of official duties which is not available as a matter of public knowledge or public record.

3. Duty to Notify the Supervisor. Any employee who becomes aware that he or she may have a potential conflict of interest which arises in the course of his or her official duties shall notify in writing his or her supervisor or appointing authority of such potential conflict.

Upon receipt of such notification the supervisor or appointing authority shall notify the human resources department, which shall take action to resolve the potential conflict of interest, including but not limited to designating within a reasonable time an alternative employee to perform the duty which is involved in the potential conflict.

4. This policy is not intended to address all prohibited behaviors that may constitute conflicts of interest for employees. For those situations not addressed in this ethics procedure, employees should consider the following:

a. Do not take advantage of your job or position for personal gain.

b. If it feels unethical, it probably is. For example, if you get a gift and you like it, you had better send it back. Even if you do not like it still send it back.

c. Do what is in the public interest.

d. Does the action you are about to take withstand the test of “reportability”? That is, would it be okay if it was printed in the newspaper?

e. Be aware of other “value communities.” That is, how others would think and feel about your action.

F. Approval Authority. Mayor and/or city administrator. (Ord. 2256 §§ 1, 2, 2008: Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.1, 9.2), 1999)

2.100.570 Reporting improper governmental action.

In compliance with the Local Government Employee Whistleblower Protection Act, chapter 42.41 RCW, it is the policy of the city to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the city, with a process provided for speedy dispute resolution. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.3), 1999)

2.100.580 Political activities.

City employees may participate in political or partisan activities of their choosing; provided, that city resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on city time or in a city uniform or while representing the city in any way unless testifying and approved by the mayor or city administrator. Employees may not allow others to use city facilities or funds for political activities.

Any city employee who meets with or may be observed by the public or otherwise represents the city to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on city property or city time, for a contribution for a partisan or nonpartisan political cause.

Except as noted in this policy, city employees are otherwise free to fully exercise their constitutional First Amendment rights. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.4), 1999)

2.100.590 No smoking policy.

For health and safety considerations, the city prohibits smoking in all city facilities, including city-owned buildings, vehicles, and offices or other facilities rented or leased by the city, including individual employee offices. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.5), 1999)

2.100.600 Personal possessions and electronic communications.

The city furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. The city does not assume responsibility for any theft or damage to the personal belongings of employees, and the city reserves the right to search employee’s desks, lockers, and personal belongings brought onto city premises, if necessary.

The city furnishes computers for use in conducting city business. Because the computers are for city business, the city reserves the right to review the contents of any files or documents on the computer, including contents of any electronic mail, to ensure that the computers are not being used for noncity purposes. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.6), 1999)

2.100.610 Use of city vehicles and equipment.

Use of city phones for local personal phone calls should be kept to a minimum; long distance personal use is prohibited, unless paid for by the employee. Other city equipment, including vehicles, should be used by employees for city business only. An employee’s misuse of city services, telephones, vehicles, equipment or supplies can result in disciplinary action, including termination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.7), 1999)

2.100.620 Contact with the news media.

The mayor, city administrator or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The mayor, city administrator, or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.8), 1999)

2.100.630 Seat belt policy.

An employee operating or riding in city vehicles must wear a seat belt at all times and/or when operating their personal vehicle on city business. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.9), 1999)

2.100.640 Driver’s license requirements.

As part of the requirements for certain specific city positions, an employee may be required to hold a valid Washington State driver’s license. If an employee’s license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee’s possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of the license suspension, revocation or other inability to drive and/or the nature of the offense, an employee may be subject to disciplinary action, including termination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.10), 1999)

2.100.650 Solicitations.

Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of city or employee property. The following limitations apply:

A. Persons not employed by the city may not solicit, survey, petition, or distribute literature on city premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the city determines that an exception would serve the best interests of the organization and our employees.

B. Employees may not solicit other employees during work hours. Reasonable forms of solicitation are permitted during nonwork time, such as before or after work or during meal or break periods. Soliciting employees who are on nonwork time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas. The employee lunchroom is considered a nonwork area under this policy. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.11), 1999)

2.100.660 Safety.

Every employee is responsible for maintaining a safe work environment and following the city’s safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to his/her department head. The city will make every effort to remedy problems as quickly as possible.

In case of an accident involving a personal injury, employees shall immediately notify their department head, or the city administrator or the mayor.

Being exposed to a bloodborne pathogen may lead to sicknesses such as hepatitis, AIDS, or malaria. The city policy is to assure employees safety and a healthy work environment. The city shall comply with all statutory obligations for the prevention of exposure to bloodborne pathogens. Employees should familiarize themselves with the city’s safety manual and follow it at all times. Failure to comply with this manual will result in discipline up to and including termination.

Employee safety depends on the safety consciousness of everyone. In order to facilitate a safe work environment, employees, other than commissioned police officers, may not bring dangerous weapons to the workplace. This includes, but is not limited to, weapons for which employees have a valid permit. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.12), 1999)

2.100.670 Substance abuse.

A. The city’s policy on substance abuse has two focuses:

1. A concern for the well-being of the employee; and

2. A concern for the safety of other employees and members of the public.

B. When Job Performance is Affected. Disciplinary action may be taken when an employee’s job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The city may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours. The city may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. An employee may be required to submit to alcohol or controlled substance testing when the city has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination.

C. Substance Abuse Policy for Operators of Commercial Motor Vehicles. City employees who hold commercial driver’s licenses (“CDLs”) and who operate commercial motor vehicles while employed by the city are subject to additional rules and regulations imposed by federal law. These regulations require urine drug testing and alcohol breath testing in the following circumstances.

1. Pre-employment;

2. Reasonable suspicion;

3. Post-accident;

4. Return to duty testing;

5. Random testing.

CDL holders who test positive must be removed from service and are subject to discipline, up to and including termination.

D. Drug-Free Workplace. Based on the federal Drug-Free Workplace Act, the manufacturing, distribution, possession and use of unlawful drugs or alcohol on city premises or during work hours by city employees is strictly prohibited. Employees must notify the city within five days of any conviction for a drug violation in the workplace. Violation of this policy may result in disciplinary action, including termination. Continued poor performance or failure to successfully complete a rehabilitation program is grounds for termination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (9.13), 1999)

Article X. Discipline and Termination

2.100.680 Actions subject to disciplinary action.

The policy of the city of Sumner shall be to administer disciplinary action in a constructive and/or progressive manner so as to respond to or effectively correct unacceptable behavior. This allows employees, when appropriate, the opportunity to recognize and change their behaviors at the earliest possible time.

It is the policy of the city to take disciplinary action only when there is “just cause” for such action and further to ensure that all employees are granted their “due process” rights. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (10.1), 1999)

2.100.690 Layoff.

The mayor or city administrator may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place.

Temporary employees or employees who have not completed their probationary period will be laid off before regular employees are affected, unless otherwise specified in a collective bargaining agreement. In determining who is to be laid off, consideration will be given to individual performance and the qualifications required for remaining jobs. Employees who are laid off may be eligible to be re-employed, if a vacancy occurs in a position for which they are qualified. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (10.2), 1999)

2.100.700 Resignation.

An employee shall provide a minimum two weeks notice of resignation. This time limit may be waived by the mayor or city administrator. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (10.3), 1999)

Chapter 2.100PERSONNEL POLICIES

2.100.010 Scope of policies.