Chapter 2.55 PERSONNEL POLICIES

(1) This chapter sets forth the town’s current employment policies. The town reserves the right to amend, delete, supplement, or rescind any of the provisions of this chapter, as the town deems necessary and appropriate. These policies shall not be construed to create contractual rights or any type of promise or guarantee of specific treatment upon which any employee may rely. The town also reserves the right to deviate from these policies in individual situations, particularly in an emergency, in order to achieve its primary mission of providing orderly and cost efficient services to its citizens.

(2) These personnel policies shall apply to all town employees. They shall not apply to elected officials, independent contractors, and volunteers. In the event of conflict between any provision of this chapter and applicable law, the provisions of the law shall govern. In the event of conflict between any provision of this chapter and any personnel manual the town may issue, these policies shall govern. In all other cases, these policies shall govern.

(3) These policies are not intended to be a contract, express or implied, or as a guarantee of employment for any specific duration. No supervisor or representative of the town other than the mayor has the authority to enter into any agreement for employment for any specified period or to make any written or verbal commitments contrary to the foregoing. (Ord. 518 § 2, 2009)

2.55.020 Status of employees.

(1) All employees of the town of Cathlamet are “at will” employees and serve at the pleasure of the mayor. The mayor can discharge employees for no cause, good cause or even cause morally wrong without fear of liability.

(2) Nothing contained in these rules and regulations is intended to create any express or implied contract of employment. The town retains its absolute prerogative to discharge employees without cause, except as that right may be restricted by statutes of the state of Washington and the United States of America. (Ord. 518 § 2, 2009)

2.55.030 Equal employment opportunity (EEO).

(1) The town is an equal employment opportunity employer. The town employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of merit, qualifications, and competence. This policy shall be applied without regard to any individual’s sex, race, color, religion, national origin, pregnancy, age, marital status, medical condition, physical handicap or disability.

(2) The town will not discriminate against applicants or employees with a sensory, physical or mental impairment, unless the impairment cannot be reasonably accommodated and prevents proper performance of an essential element of the job.

(3) Employees with life-threatening illness, such as cancer, heart disease, or AIDS/HIV conditions, or communicable diseases such as tuberculosis or influenza, are treated the same as all other employees. They are permitted to continue working so long as they are able to maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves or their coworkers. The town will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions when a substantial and unusual safety risk to fellow town employees or the public exists. (Ord. 518 § 2, 2009)

2.55.040 Sexual harassment.

(1) It is the policy of the town to provide a work environment for its employees which is free from discrimination and intimidation. The town will not tolerate any form of sexual harassment. Prompt disciplinary action will be taken against an employee who commits or participates in any form of sexual harassment.

(2) Sexual harassment is defined as unwanted, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct which has the effect of creating an offensive, intimidating, degrading or hostile work environment, or adversely interferes or affects an employee’s work performance. Sexual harassment can take many forms and can include:

(a) Verbal behaviors such as slurs, comments, jokes, innuendoes, unwelcome compliments or requests for sexual favors;

(b) Nonverbal behavior such as pranks, suggestive looks, or displaying of nude or sexual pictures, cartoons or calendars, or transmission of same via postal or electronic means;

(c) Any unwanted touching or physical behavior such as pats, squeezes, shoulder or neck rubs, or brushing against someone’s body.

(3) Any employee who believes he or she is being sexually harassed by supervisors, coworkers, council members, board members, volunteers, vendors, or town customers should immediately notify his/her supervisor. In the event that the alleged harassment involves the supervisor, he/she should notify the mayor. If the alleged harassment involves the mayor, he/she should notify the town attorney. The town will not retaliate against an employee who complains of sexual harassment. (Ord. 518 § 2, 2009)

2.55.050 Definitions.

(1) “Work week” begins at 12:00 a.m. Saturday and ends at 11:59 p.m. Friday.

(2) “Supervisor” means an employee who has responsibility for directing one or more employees.

(3) “Full-time employee” means an employee who has completed his/her probation period and who regularly works a minimum of 40 hours a week, 2,080 hours a year on a continuing basis.

(4) “Permanent part-time employee” means an employee who works a minimum of 80 hours per month, 960 hours a year on a continuing basis and is eligible for prorated town benefits as defined in this chapter.

(5) “Temporary employee” means an employee who holds a job of limited duration arising out of special projects, abnormal work loads or emergencies. Temporary employees are not entitled to any of the town benefits provided to full-time employees.

(6) “Volunteer” means a person who offers himself/herself for a service of his/her own free will and receives no compensation. The volunteer works under the direction of a department head, supervisor or authorized designee. Compensation shall not be construed to include stipends paid to volunteer firefighters.

(7) “Nonexempt employee” means an employee who generally is subject to the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA”) and is typically paid either on an hourly or salary basis.

(8) “Exempt employee” means an employee who is exempt from the provisions of the Fair Labor Standards Act (“FLSA”) and is not entitled to overtime payments. Exempt employees typically are paid on a salary basis and include administrative, executive, and professional employees.

(9) Immediate Family. An employee’s “immediate family” includes the employee’s spouse, child or stepchild, parent, brother or sister, mother or father-in-law, son or daughter-in-law.

(10) “Probationary period” means a post-hiring period of time required for a newly hired or former employee to demonstrate suitability for the job. Reference section CMC 2.55.190. (Ord. 518 § 2, 2009)

2.55.060 Employee personnel records.

(1) A personnel file for each employee is kept in the Town Hall office, and access is limited to the employee’s supervisor, the Town Hall office staff and the mayor. 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.

(2) An employee has the right to review his/her file. An employee may request removal of irrelevant or erroneous information in his/her personnel file. If the town denies the employee’s request to remove the information, the employee may file a written rebuttal statement to be placed in his/her file.

(3) 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. 518 § 2, 2009)

2.55.070 References.

(1) The town does not give references, other than to confirm the dates of employment and last salary, without the express written consent of the employee.

(2) Only the mayor will provide employment references on behalf of the town on current or former regular town employees. Supervisors may give references on temporary employees and volunteers. (Ord. 518 § 2, 2009)

Article II. Hours and Attendance

2.55.080 Working hours.

(1) The town’s standard work week is Saturday through Friday. Town Hall is open from 9:00 a.m. to 4:30 p.m. Monday through Friday. Supervisors will designate work schedules for individual employees to be approved by the mayor.

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

(3) Part-time and temporary employees will work hours as specified by their supervisors. (Ord. 518 § 2, 2009)

2.55.090 Hours of work and overtime.

(1) All town positions are designated as either “exempt” or “nonexempt” according to the Fair Labor Standards Act (“FLSA”) regulations. Unless deemed otherwise by the appropriate state or federal agency, the following positions shall be considered as exempt: NONE.

(2) For all town full-time employees the established work period is 40 hours within a seven-day work week starting on Saturday and ending on Friday.

(3) Nonexempt employees are entitled to additional compensation, either in cash or compensatory time off, when they work more than the maximum number of hours during a work period.

(4) All overtime must be authorized in advance by the employee’s supervisor and the mayor except in an emergency situation.

(5) 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.

(6) When computing overtime, sick leave and vacation time is not counted as hours worked.

(7) Exempt employees are not covered by the FLSA overtime provisions and do not receive either overtime pay or compensatory time in lieu of overtime pay. (Ord. 518 § 2, 2009)

2.55.100 Compensatory time (“comp time”).

(1) Nonexempt employees entitled to overtime pay may elect to receive compensatory time (comp time) off instead of cash payment. This is approved on a case-by-case basis by the employee’s supervisor. 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 full-time employees and 20 hours for permanent part-time employees. After maximum accrual, normal compensation shall be paid.

(2) Exempt employees are not covered by the FLSA overtime provisions and do not receive either overtime pay or compensatory time in lieu of overtime pay.

(3) Employees should schedule the use of compensatory time within a reasonable time period by making a written request to their supervisor. Compensatory time should be used for short-term absences from work during times mutually agreed to by the employee and his/her supervisor. Accumulation of compensatory time to be used as a substitute for extended vacation time off is not normally permitted.

(4) If an employee is unable to use accrued compensatory time within six months, the employee will be paid his/her original wage overtime wage. (Ord. 518 § 2, 2009)

2.55.110 Attendance.

(1) Punctual and consistent attendance is a condition of employment.

(2) 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 Town Hall office staff stating the reason for being late or unable to report for work.

(3) Employees are expected to be at work during inclement weather. Supervisors may allow employees to be late or leave early during severe weather conditions; however, nonattendance will be counted as absence from work and will be charged to accrued vacation or comp time.

(4) An employee who is absent without authorization or notification is subject to disciplinary action, including possible termination. (Ord. 518 § 2, 2009)

2.55.120 Breaks and lunch periods.

Employees may take one 15-minute break for every four hours worked. All breaks shall be arranged so that they do not interfere with town business or service to the public. Lunch periods shall be scheduled by the employee’s supervisor. The scheduling of meal periods may vary depending on department workload. Lunch periods are unpaid and are one-half hour in length. (Ord. 518 § 2, 2009)

2.55.130 Call back.

All employees are subject to call back in emergencies or as needed by the town 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. (Ord. 518 § 2, 2009)

2.55.140 Payroll records.

The official payroll records are kept by the clerk-treasurer. Each supervisor shall turn in on a monthly basis a work record for each employee within their department that has been signed by the employee and the supervisor, noting hours worked, leave taken and overtime worked. The mayor shall sign work records for supervisors. (Ord. 518 § 2, 2009)

Article III. Recruiting and Hiring

2.55.150 Recruiting.

(1) Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence, without regard to race, color, religion, national origin, sex, marital status, pregnancy, physical handicap, disability or age.

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

(3) Any applicant who is hired and found to have supplied false or misleading information is subject to immediate termination. (Ord. 518 § 2, 2009)

2.55.160 Hiring.

(1) The mayor shall have authority with respect to the hiring or termination of all employees. All employees serve at the pleasure of the mayor and shall not be subject to the approval of the town council; as provided by provisions of RCW 35.27.070, as amended.

(2) When a position becomes vacant the supervisor shall review the position, its job description and the need for such a position. The mayor must approve the position before it can be filled.

(3) Residency within the town 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.

(4) 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. Applicants with poor driving records, as determined by the town, may be disqualified for employment with the town in positions requiring driving.

(5) The town will require a background check before an offer of employment is made. The mayor may authorize the applicant to begin work if a determination is made that urgent necessity so requires. In such case, continued employment is contingent upon satisfactory results from the background check.

(6) The town may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the town. The town may contract with any competent agency or individual to prepare and/or administer examinations.

(7) After an offer of employment has been made and prior to commencement of employment, the town may require persons selected for employment to successfully pass a medical examination, which may include testing for alcohol and controlled substances. 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 the applicant, if employed, other employees or the public. The offer of employment may be conditioned on the results of the examination.

(8) A candidate may be disqualified from consideration if:

(a) Found physically unable to perform the duties of the position and the individual’s condition cannot reasonably be accommodated in the workplace;

(b) The candidate refuses to submit to a medical examination or complete medical history forms;

(d) If the exam reveals use of alcohol and/or controlled substances. (Ord. 518 § 2, 2009)

2.55.170 Temporary employees.

(1) With approval of the mayor, temporary employees may be used during emergencies or other peak workload periods, to temporarily replace regular employees absent due to disability, illness, vacation or other approved leave, or to temporarily fill a vacancy until a regular employee is hired.

(2) Temporary employees may be hired without competitive recruitment or examination.

(3) Temporary employees may not work more than 70 hours a month for more than five months in a 12-month period.

(4) Temporary employees are eligible for overtime pay as required by law. Temporary employees are not eligible and do not receive retirement, vacation, sick leave, health insurance, holiday or any other benefits during their employment. (Ord. 518 § 2, 2009)

2.55.180 Volunteers.

(1) Volunteers are recruited, trained and supervised by a department head, supervisor or authorized designee.

(2) Volunteers may be recruited without competitive recruitment or examination. (Ord. 518 § 2, 2009)

2.55.190 Probation period.

(1) All newly hired employees or former employees who have been rehired enter a probation period which is considered an integral part of the selection and evaluation process. During the probation period an employee is required to demonstrate suitability for the position through actual work performance.

(2) The normal probation period is six months from the employee’s date of hire, rehire or promotion; however, longer periods may be established for positions requiring technical, professional, specialized, unusual or unique skills or qualifications.

(3) An employee’s probation period may be extended for up to an additional six months when needed due to circumstances such as extended illness or a need to continue to evaluate marginal performance, to properly evaluate the employee’s performance. The probation period will not be shortened for any reason.

(4) Probation employees accrue vacation and sick leave, but are not eligible to use vacation until after their probation period is completed.

(5) During the probation period, the employee may be terminated at any time.

(6) When a supervisor determines an employee has satisfactorily completed the probation period, the supervisor shall prepare a written performance evaluation, which will be reviewed by the mayor. If the probation period is satisfactorily completed, the employee may be certified to regular employment status. (Ord. 518 § 2, 2009)

2.55.200 Employment of relatives (nepotism).

(1) An employee’s relatives will not be employed by the town of Cathlamet under any of the following circumstances:

(a) Where one of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other;

(b) Where one party would be responsible for auditing the work of the other;

(c) Where both parties would report to the same immediate supervisor (except in the case of temporary employees, in which case the employment may be allowed by the mayor); or

(d) Where other circumstances might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the town.

(2) “Relatives” include an employee’s parent, child, spouse, brother, sister, in-laws and step relationships.

(3) If two employees marry, become related or begin sharing living quarters with one another, and in the town’s judgment one or more of the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the town, unless reasonable accommodations, as determined by the mayor, can be made to eliminate the potential problem. The decision as to which relative will remain with the town 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 has been made during this time, the town reserves the right to terminate either employee. (Ord. 518 § 2, 2009)

2.55.210 Promotions and transfers.

(1) The town encourages current town employees to apply for vacant town positions for which they are qualified. Promotions and transfers are based on the supervisor’s recommendation, work force requirements, performance evaluations, job descriptions and related town requirements.

(2) Regular employees are eligible for promotion, transfer or voluntary demotion. To be considered for another position, an employee must have satisfactorily completed his/her probation period and possess the qualifications for the vacant position, unless such requirements are waived by the mayor in the best interests of the town. (Ord. 518 § 2, 2009)

Article IV. Compensation

2.55.220 Salary classifications and grades.

(1) Each job title within the town is classified into one of the town’s classifications for salary purposes, based on job qualifications, level of responsibility, difficulty, working conditions, skill, hazard, and amount of supervision required for the specific job title. Each classification is designated a particular salary or salary range shown on the town’s annual budget ordinance.

(2) For purposes of tracking salaries and remaining competitive with other jurisdictions, only job titles and classifications appearing in the Association of Washington Cities (AWC) Salary and Benefit Survey will be used in designating job titles and classifications for town employees. (Ord. 518 § 2, 2009)

2.55.230 Employee pay rates.

(1) Employees shall be paid within the limits of the wage range to which their positions are assigned by the budget ordinance.

(2) 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 warrants, or when prevailing market conditions require a starting rate greater than the minimum.

(3) Pay increases of one step may be given annually at the employee’s anniversary date, contingent on satisfactory performance as reported on their annual evaluation report. If an employee’s performance is consistently unsatisfactory, the mayor may defer a scheduled pay increase for a stipulated period of time or until the employee’s job performance is satisfactory. The budget ordinance shall assign pay steps for purposes of administrating this section.

(4) The mayor may propose and the town council may grant selective, merit, or across-the-board pay adjustments from time to time, raising the salaries of positions by a specified amount. Such adjustments, if any, will not change an employee’s pay anniversary date. (Ord. 518 § 2, 2009)

2.55.240 Paydays.

Town employees are paid monthly on the last working day of each month, but may request a mid-month draw. If a regularly scheduled payday falls on Saturday, Sunday or a holiday, paychecks will be distributed on the last business day prior to the scheduled payday. (Ord. 518 § 2, 2009)

2.55.250 Deductions.

Some regular deductions from the employee’s earnings are required by law; other deductions are specifically authorized by the employee. The town will withhold from the employee’s paycheck those deductions required by law and any voluntary deductions authorized by the employee or statute. (Ord. 518 § 2, 2009)

2.55.260 Travel away from town.

All reimbursable travel away from the town must be approved in advance by the mayor. Employees should make use of town vehicles if a vehicle is available. Whenever possible, two or more employees should share rides. If private automobiles are used, employees will be reimbursed at the current Internal Revenue Service (IRS) rate. (Ord. 518 § 2, 2009)

2.55.270 Travel expense reimbursement.

(1) Town employees will be reimbursed for reasonable and customary expenses actually incurred in connection with the business of the town, including food, lodging and travel expenses while away, but excluding any expenses for alcoholic beverages. Lodging will only be reimbursed outside of Wahkiakum County, unless specifically pre-approved by the mayor. Tips, not to exceed 15 percent, for meals, taxis, or baggage handling are reimbursable.

(2) Requests for reimbursement, including receipts, shall be submitted on an expense report form signed by the employee and the supervisor. (Ord. 518 § 2, 2009)

2.55.280 Professional, civic and service organization memberships.

Administrative staff are encouraged to be members of and participate in professional, civic, and service organizations. Membership fees, travel and meal costs attributable to an employee’s participation in such organizations may be reimbursed, if pre-approved by the mayor. (Ord. 518 § 2, 2009)

2.55.290 Compensation upon termination.

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

(1) Regular wages for all hours worked up to the time of termination that has not already been paid.

(2) Any overtime or holiday pay that is due.

(3) A lump sum payment of any accrued but unused vacation and compensatory time.

(4) A lump sum payment of 10 percent of any accrued but unused sick leave upon termination. (Ord. 518 § 2, 2009)

Article V. Performance Evaluations and Training

2.55.300 Performance evaluations.

(1) To achieve the town’s goal to train, promote and retain the best qualified employee for every job, the town conducts periodic written performance evaluations for all positions.

(2) The mayor is responsible for developing and maintaining the town’s performance evaluation program.

(3) Employees are to be evaluated by their supervisor, in writing on the prescribed forms, prior to completion of their probation period and at least once every 12 months thereafter.

(4) The evaluation is part of an employee’s personnel record and may be a factor in determining the employee’s conversion to regular status, whether the employee receives a wage increase, or is to be promoted, transferred, demoted, laid off, or terminated. (Ord. 518 § 2, 2009)

2.55.310 Training policy.

The town seeks, within the limits of available resources, to offer training to increase an employee’s skills, knowledge and abilities directly related to town 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. 518 § 2, 2009)

Article VI. Benefits

2.55.320 Retirement benefits.

(1) The town 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.

(2) All regular full-time and eligible part-time employees are covered under the Public Employees Retirement System (PERS). Benefit levels and contribution rates are set by the state of Washington.

(3) Employees intending to retire should notify the mayor of their intent to retire at least three months prior to the date of retirement. (Ord. 518 § 2, 2009)

2.55.330 Disability benefits.

(1) All employees, except those covered by LEOFF I, are covered by the state industrial insurance program (worker’s compensation). This type of insurance covers employees in case of on-the-job injuries or job-related illness. For qualifying cases, state industrial insurance will pay the employee for work days lost for any disability resulting from job-related injuries or illness. All job-related accidents must be reported immediately to the supervisor.

(2) When an employee is absent for one or more days due to an on-the-job accident, he/she is required to file a claim for worker’s compensation. If the employee files a claim, the town will continue to pay by use of the employee’s unused sick leave the employee’s regular salary pending receipt of worker’s compensation benefits.

(3) When the employee receives worker’s compensation benefits, he/she is required to repay to the town the amount covered by worker’s compensation and previously advanced by the town. This policy is to ensure that employees will receive prompt and regular payment during periods of injury or disability so long as accrued sick leave is available, while ensuring that no employee receives more than he/she would have received had the injury not occurred. Upon the repayment of funds advanced, the appropriate amount of sick leave shall be restored to the employee’s account.

(4) The town may require an examination at its expense, performed by a physician of its choice, to determine when the employee can return to work (in a regular or light duty capacity) and if he/she will be capable of performing the duties and responsibilities of the position. (Ord. 518 § 2, 2009)

2.55.340 Insurance benefits.

(1) Regular employees are eligible to participate in the town’s insurance programs. The programs and criteria for eligibility will be explained at the time the employee becomes eligible to join. Insurance benefits will be prorated for regular part-time employees hired after the date of original adoption of these policies. The town reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable.

(2) Upon mutual agreement between the employee and the town, and in accordance with the terms and conditions of the insurance policy, the town will continue health insurance coverage at the employee’s expense during an approved unpaid leave of absence.

(3) While an employee is receiving worker’s compensation benefits, the town may continue to pay the employee’s health insurance premiums for up to six months, after which the employee may choose to self-pay insurance premiums. (Ord. 518 § 2, 2009)

2.55.350 Tax deferral programs.

Retirement contributions by employees into the state retirement system will be taken and paid to the state on a tax deferral basis. (Ord. 518 § 2, 2009)

2.55.360 Unemployment compensation.

Town employees may qualify for Washington State unemployment compensation after termination from town employment depending on the reason for termination and if certain qualifications are met. (Ord. 518 § 2, 2009)

Article VII. Leaves of Absence and Time Off

2.55.370 Leaves.

The town has six different types of leave:

(1) Vacation leave.

(2) Sick leave.

(3) Leave without pay.

(4) Jury and witness leave.

(5) Military leave.

(6) Administrative leave. (Ord. 518 § 2, 2009)

2.55.380 Vacation.

(1) Each full-time employee is entitled to vacation leave which accrues monthly at the following rate:

(a) Full-time employees shall accrue vacation leave with the first year of employment with vacation pay at the rate of eight hours for each calendar month of continuous employment.

(b) After one full year of continuous service, full-time employees shall be granted an additional eight hours of vacation leave for each year of service with the town; said additional hours of vacation leave shall be credited to the employee at the anniversary date of the employee’s employment. In no event shall an employee accrue more than 200 hours of vacation leave in one year. The maximum additional hours added for length of service shall be 104 hours.

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

(d) Part-time employees will forfeit unexpended vacation leave time in excess of 96 hours.

(2) All new employees must satisfactorily complete their probation period to be entitled to the accrual and use of vacation leave. Permanent part-time employees will accrue vacation on a pro rata basis. Temporary employees are not eligible for any vacation benefits.

(3) Each department is responsible for scheduling its employees’ vacations without undue disruption of department operations. Vacation leave requests shall be submitted in writing at least two weeks prior to taking vacation leave. If the nature of the work makes it necessary to limit the number of employees on vacation, the employees with the greatest seniority shall be given their choice.

(4) Employees are encouraged to use their accumulated vacation time within the year in which it was earned. Vacation leave may be carried over from one year to the next to a maximum accrual of 200 hours. Vacation hours will cease to accrue at any time during the year that the employee’s accrual would exceed 200 hours. Permanent part-time employees’ maximum accrual is prorated based upon their PPE/FTE ratio. Employees will be paid for unused vacation time upon termination of employment.

(5) Vacation leave must be taken in minimum increments of one hour. (Ord. 518 § 2, 2009)

2.55.390 Sick leave.

(1) All full-time employees accrue sick leave benefits at the rate of eight hours for each calendar month of continuous employment. Permanent part-time employees may accrue sick leave benefits on a pro rata basis according to hours worked. The total accumulation of sick leave shall not exceed 720 hours (prorated for part-time employees) at the normal rate of pay.

(2) Sick leave must be taken in minimum increments of one hour.

(3) If any holidays fall within the days of illness, it shall not be charged against the sick leave of the employee.

(4) Employees accrue and may use sick leave during their trial periods. Temporary employees do not earn sick leave benefits. Employees do not accrue sick leave benefits during a leave without pay.

(5) Sick leave covers those situations in which an employee is absent from work due to:

(a) Physical injury or illness to the employee;

(b) The need to care for the employee’s dependent children under the age of 18 who are ill;

(c) The need to care for the employee’s spouse who is seriously ill or injured to the point that they cannot care for themselves;

(d) Medical or dental appointments for the employee or dependent child; provided, that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day;

(e) Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others;

(f) Use of a prescription drug which impairs job performance or safety;

(g) Actual periods of temporary disability associated with pregnancy or childbirth. Employees may request additional time off beyond the actual period of disability; vacation leave, compensatory time, or leave without pay may be used;

(h) Male employees are eligible for up to three days’ paternity leave, chargeable to sick leave, to assist at home; or

(i) The death of an immediate family member, not to exceed three days when the death was within the state of Washington, or five days when the death was out of state. Immediate family members shall be as defined in CMC 2.55.200(2).

(6) A doctor’s certificate may be required when an employee is absent for a period in excess of three days. The town may also request the opinion of a second doctor at the town’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 town.

(7) Employees who use all their accumulated sick leave and require time off work due to illness or injury may, with the mayor’s prior approval, take leave without pay.

(8) Employees are not eligible for leave under the Federal Family and Medical Leave Act (FMLA) until the town employs at least 50 employees. (Ord. 518 § 2, 2009)

2.55.400 Leave without pay.

(1) The mayor 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. Examples of situations for which leave without pay may be granted include time off work for personal reasons, such as prolonged illness, parenting, caring for an ill relative, pursuing an education, or fulfilling a military obligation in excess of 15 days per year.

(2) Only regular full-time and part-time employees who have satisfactorily completed their probation period are eligible for leave without pay. The following requirements apply:

(a) Leave may be granted to an employee for a period of up to 90 days upon the approval of the mayor. Further extensions are at the discretion of the mayor.

(b) Accrued compensatory time, if any, and vacation leave must be exhausted prior to taking any leave without pay.

(c) An employee’s benefits are suspended during the period of unpaid leave until the employee returns to work. Vacation, sick leave and/or any other benefits do not accrue while an employee is on leave without pay.

(d) In certain circumstances, self-payment of benefits may apply. See CMC 2.55.340 on insurance benefits.

(e) An employee who fails to report promptly at the end of the unpaid leave is presumed to have resigned. An employee returning from a temporary disability may, at the town’s option, return to the same position or similar position at a comparable rate of pay.

(f) If the leave without pay is due to an illness, the town may require a doctor’s certificate stating that the employee is capable of returning to work and performing the work, duties and responsibilities of the employee’s position. (Ord. 518 § 2, 2009)

2.55.410 Jury and witness leave.

Employees may be granted time off with pay to serve on a jury or as a court witness. If an employee is summoned during a critical work period, the town may ask the employee to request a waiver from duty. (Ord. 518 § 2, 2009)

2.55.420 Military leave.

(1) Employees who are members of the National Guard or federal reserve military units may be absent from their duties, with pay, for a period of up to 15 days per calendar year when they are performing ordered military training duty and while going to and from that duty in accordance with the laws of the state of Washington, RCW 38.40.060.

(2) Employees who are called or volunteer their service with the armed forces of the United States or the Washington National Guard shall be entitled to be considered for reinstatement in accordance with the provisions of Chapter 73.16 RCW. (Ord. 518 § 2, 2009)

2.55.430 Administrative leave.

On a case-by-case basis, the town may place an employee on administrative leave without pay as determined by the mayor to be in the best interests of the town during the tendency of an investigation or other administrative proceeding. Administrative leave under this section shall not exceed 30 days without council approval. (Ord. 518 § 2, 2009)

2.55.440 Holidays.

(1) The following legal holidays are recognized by the town and shall be paid holidays for full-time employees:


New Year’s Day	January 1st
Martin Luther King’s Birthday	Third Monday in January
President’s Day	Third Monday in February
Memorial Day	Last Monday in May
Independence Day	July 4th
Labor Day	First Monday in September
Veteran’s Day	November 11th
Thanksgiving Day	Fourth Thursday in November
Day after Thanksgiving Day	Friday following Thanksgiving Day
Christmas Day	December 25th
One Floating Holiday	Employee’s Preference

(2) The floating holiday is to be scheduled by mutual agreement of the employee and his/her supervisor after written request. Any floating holiday not used by an employee by the end of the year will be forfeited.

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

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

(5) Full-time employees shall receive eight hours’ pay for each of the holidays listed above on which they perform no work, provided the employee is not on an authorized leave of absence without pay. Permanent part-time employees working 80 or more hours a month shall receive holiday pay based upon the ratio of their budgeted hours to that of a full-time employee; i.e., a position budgeted for 80 hours a month, 960 hours a year is a 50 percent FTE and would receive 50 percent of eight holiday hours.

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

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

(8) Temporary employees will be paid at their regular straight-time rate for hours worked on a holiday. (Ord. 518 § 2, 2009)

2.55.450 Religious holidays.

If an employee’s religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with the mayor’s approval, take the day off using vacation, compensatory time, or leave without pay. (Ord. 518 § 2, 2009)

Article VIII. Employee Responsibilities and Conduct

2.55.460 General policy.

(1) All town employees are expected to represent the town to the public in a professional manner which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and their supervisor.

(2) Since the proper working relationship between employees and the town depends on each employee’s ongoing job performance, professional conduct and behavior, the town has established certain minimum standards of personal conduct. Among the town’s expectations are: basic tact and courtesy towards the public and fellow employees; adherence to town policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the town’s equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens.

(3) Town employees may not at any time make personal purchases using the town of Cathlamet corporate credit card. There shall be no exceptions to this policy. Additionally, the town will not make personal purchases for employees, whether purchased locally, by catalog purchase, by Internet purchase, or through any town suppliers.

(4) Peddling or soliciting for sale or donation of any kind on town property or during working hours is not allowed without the express written consent of the mayor. (Ord. 518 § 2, 2009)

2.55.470 Outside employment and conflicts of interest.

(1) Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the town’s opinion, with the best interests of the town or interfere with the employee’s ability to perform his/her assigned town job. Examples include, but are not limited to, outside employment which:

(a) Prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee’s job;

(b) Is conducted during the employee’s town work hours, or with town equipment;

(d) Is employed with a firm which has contracts with or does business with the town; or

(e) May reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service.

(2) An employee who chooses to have an additional job, contractual commitment or self-employment may do so provided he/she obtains prior approval from his/her immediate supervisor. (Ord. 518 § 2, 2009)

2.55.480 Political activities.

(1) Town employees may participate in political or partisan activities of their choosing; provided, that town 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 town time or in a town uniform or while representing the town in any way. Employees may not allow others to use town facilities or funds for political activities.

(2) Any town employee who meets with or may be observed by the public or otherwise represents the town 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 town property or town time, for a contribution for a partisan political cause.

(3) Except as noted in this policy, town employees are otherwise free to fully exercise their constitutional First Amendment rights. (Ord. 518 § 2, 2009)

2.55.490 No smoking policy.

For health and safety considerations, the town prohibits smoking by employees in all town facilities, including town-owned buildings, vehicles, and offices or other facilities rented or leased by the town, including individual employee offices. (Ord. 518 § 2, 2009)

2.55.500 Use of town vehicles and equipment.

(1) Use of town phones for local personal phone calls should be kept to a minimum; long distance personal use is prohibited. Other town equipment, including vehicles, should be used by employees for town business only. An employee’s misuse of town services, telephones (including cellular), vehicles, equipment or supplies can result in disciplinary action including termination.

(2) The town will provide cellular telephones and service for certain public works and other workers for use on bona fide town business. Employees may obtain cellular service through the town by signing a personal cellular phone agreement, assuming full responsibility for costs if they are bona fide emergency workers.

(3) The employee to whom a town vehicle is entrusted is responsible for its proper operation and upkeep. Automotive service shall be authorized by supervisors. The employee to whom the vehicle is entrusted is responsible for seeing that servicing is authorized and obtained.

(4) Mechanical defects or damage shall be called to the attention of the supervisor as soon as possible, in order that the proper repairs may be made. (Ord. 518 § 2, 2009)

2.55.510 Bulletin boards.

Information of special interest to all employees is posted regularly on the town bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the clerk-treasurer. (Ord. 518 § 2, 2009)

2.55.520 Contacts with news media.

The mayor, public information officer, or designated person shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The mayor may designate specific employees to give out procedural, factual or historical information on particular subjects. It is the policy of the town to maintain good press relations with the media. (Ord. 518 § 2, 2009)

2.55.530 Seat belt policy.

Per Washington law, anyone operating or riding in town vehicles or in private vehicles while on town business must wear seat belts at all times. (Ord. 518 § 2, 2009)

2.55.540 Cell phone policy.

Per Washington law, anyone operating a town vehicle shall not use a handheld cell phone while the vehicle is moving. (Ord. 518 § 2, 2009)

2.55.545 Email, Internet and network use policy.

(1) Purpose. The town of Cathlamet provides a communications network capable of offering electronic mail (email) and Internet access, where applicable, to employees to assist in and facilitate legitimate town business communications. The town’s network and systems should be dedicated to providing service to the public and used primarily for town business. Utilization of these systems is a privilege. Employees should never put information on or access email or Internet services unless they would feel comfortable accessing or putting the same information in a widely distributed office memo. By using the town’s network systems (including email and Internet), employees agree that they are aware of, understand and will comply with the provisions of this policy.

(2) Definitions.

(a) “Computer system” includes individual desktop computers (PCs), email system, Internet access, laptop computers, floppy disks, magnetic tapes, file servers, and all other components of the town’s computer network.

(b) “Email” means the town’s electronic mail system.

(d) “Internet” means a world-wide network of computers.

(e) “Web browsing” means use of a browser tool to access websites on the Internet.

(f) “Streaming audio” means technology used to play audio/video on a PC over a network. Can be used for music, voice, lectures and other audio/video material. It generally consists of a continuous stream of data coming from a network.

(3) Use of Town Systems. The town’s computer system is provided to assist employees to perform their jobs, share files, and communicate with each other internally and with outside individuals and organizations. The town’s computer system should primarily be used for town business purposes; provided, occasional or incidental personal use is permitted within the guidelines below.

(4) Prohibited and Inappropriate Uses.

(a) Use of the town’s computer system to engage in any communication which violates federal, state, or local laws, codes, and regulations, town policies and procedures is strictly prohibited at all times.

(b) In addition, the following uses of the town’s systems are inappropriate and are prohibited at all times unless there is a legitimate business need. That need must be conveyed to and the use authorized by the employee’s department director in writing prior to such use. Inappropriate uses of the town’s system include, but are not limited to:

(i) Personal use during working hours;

(ii) Accessing of pornographic, sexually explicit or indecent materials including materials of a bawdy, risque or course nature, or any other offensive or morally questionable materials;

(iii) Usage for any type of harassment or illegal discrimination including transmission of obscene or harassing messages to any other individual(s);

(iv) Gambling or recreational games;

(v) Usage for any unethical activity that could adversely affect the town of Cathlamet;

(vi) Any use which precludes or hampers the town’s computer network performance;

(vii) Unauthorized copying of copyrighted material;

(viii) Usage which violates software license agreements;

(ix) The transmission of sensitive or proprietary information to unauthorized persons or organizations; or

(x) Attempts to make unauthorized entry to other town systems or to other networks.

(xi) Due to the adverse effects that streaming audio has on network performance, employees may not access streaming audio except for legitimate town business only. No personal access to streaming audio on town systems is allowed at any time.

(xii) Allowing any private individuals to use town computers, equipment, services or Internet access for personal profit, personal business, commercial product advertisement or partisan political purposes.

(5) Appropriate Use.

(a) The town’s computer systems may be used by employees for town business.

(b) The system may also be utilized for occasional or incidental personal use only if:

(i) The employee obtains approval from the employee’s authorized supervisor or manager for such use;

(ii) The use does not interfere with employee or department productivity or work performance; and

(iii) The use does not hamper network performance.

(c) Examples of acceptable incidental or personal use of the system include: advising others about an employee’s vacation, marriage, birth, etc.

(6) Email.

(a) All email messages, whether created or received, are the property of the town of Cathlamet and will generally be considered to be public records, with certain exceptions, and therefore will be subject to disclosure pursuant to the Public Disclosure Act, Chapter 42.17 RCW, and the public will be deemed to have the right to examine most public records. If there is concern about potential public disclosure of the substance of a communication then email should not be used.

(b) Email is not an appropriate form of communication with legal counsel when seeking legal advice involving town business or transmitting information concerning matters in litigation or disputes that are likely to result in litigation. Inadvertent disclosure or dissemination of communication with the town’s legal counsel could waive the attorney-client privilege.

(c) Employees should be aware that any computer, whether networked or stand-alone, may be accessible to other users. The town cannot guarantee the privacy of email communications, whether internal or external. Employees should never assume that no one else can read their email except themselves, and thus should be careful with the language they use and how they use it. Don’t ever say things which you could regret later.

(d) Employees shall refrain from posting any materials which violate federal or state laws or town ordinances, resolutions or personnel policies. These shall include, but are not limited to, those that constitute: discrimination, sexual, racial or religious harassment, slander and/or defamation towards any individual, corporation, agency or organization and/or disparagement of any trade, business or product.

(e) Employees shall refrain from posting or transmittal of any materials containing obscene, pornographic or profane materials of any kind, including jokes, cartoons, photographs or any other text-based or digitized images. Racism, sexism and other discriminatory or inappropriate behaviors are not tolerated by the town.

(f) Employees shall refrain from any type of postings that constitute a solicitation of any type (i.e., political, religious, personal gain, or in support of any illegal activity).

(g) Employees shall refrain from any posting that may enter the realm of commercial advertising or political campaigning.

(h) For personal safety and the safety of others, always exercise caution when communicating with others by email. Never give out your personal information to anyone from town computers or equipment.

(7) World Wide Web (WWW) Access.

(a) The Internet is a great storehouse of information and contains resources that can greatly enhance our ability to deliver cost-effective services to our customers. The town encourages exploration of the Internet for legitimate business-related or professional activities.

(b) During the employee’s normal work hours, the primary use of the town’s Internet account shall be for legitimate town business only. General exploration of the Internet or other personal use of the town’s Internet account shall be limited to the employee’s nonwork hours with the approval of their authorized supervisor.

(c) Employees who work within the public’s visual sight should be cognizant of public perception and should use care and discretion in providing an appropriate image of the town while using the Internet during the town’s normal work hours.

(d) Employees may not use personal Internet accounts or use town computers or equipment to reach personal websites.

(8) Computer System Access.

(a) The town treats all information transmitted through or stored in the system, including email messages, as business information. An employee or anyone else using the town’s computer has no expectation of privacy in the use of that computer. The town has the capability and retains the right to access, review, copy, modify, and delete any or all of such business information for any purpose and to disclose it to any party (inside or outside the town) it deems appropriate or as required by law.

(b) Those files containing personal information of any employee as a result of the employee making incidental use for personal purposes, including transmission of personal email messages, will be treated no differently than other business files and information. Accordingly, employees should not use the computer system to send, receive or store any information that they wish to keep private.

(9) Records Retention. The town has the obligation to maintain all electronic files and records in the same manner in which paper records are to be maintained in accordance with the State Archivist records retention schedule.

(10) Policy Compliance. Use of the town’s computer system including email and Internet services is a privilege. Inappropriate use or violations of this policy may result in disciplinary action, up to and including termination.

If, in the course of their normal duties, supervisors have reason(s) to believe that an employee is misusing the town’s computer systems, they shall report the inappropriate use to the mayor.

All reports of alleged policy violations or inappropriate use of town systems received by an employee’s supervisor shall be reported to the mayor to coordinate an investigation or to recommend an appropriate course of action. All investigations will be coordinated through the mayor’s office.

If, as a result of the investigation, sufficient facts are gathered to support the allegations, it is the responsibility of the mayor to administer any disciplinary action(s) necessary after consultation with the town council. Violation of this policy can result in discipline up to and including termination. (Ord. 531 § 1, 2010)

2.55.550 Driver’s license requirements.

(1) As part of the requirements for certain specific town positions, an employee may be required to hold a valid Washington State driver’s license.

(2) 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 supervisor 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 supervisor.

(3) Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, including termination.

(4) Concealment or falsification of information related to this section is dishonesty, and is subject to disciplinary action, up to and including dismissal.

(5) Special requirements for employees who hold commercial driver’s licenses (CDLs) can be found in CMC 2.55.570(2). (Ord. 518 § 2, 2009)

2.55.560 Safety.

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

(2) In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor or the mayor. (Ord. 518 § 2, 2009)

2.55.570 Substance abuse.

(1) The town may discipline or terminate an employee possessing, consuming, controlling, selling or using alcohol, drugs or other controlled substances during work hours. The town may also discipline or terminate an employee who exhibits an ongoing dependence on alcohol, drugs or other controlled substances which, in the town’s opinion, impairs the employee’s work performance, poses a threat to the public confidence, or is a safety risk to the town or others.

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

(a) Pre-employment;

(b) Reasonable suspicion;

(d) Return-to-duty testing;

(e) Random testing.

CDL holders who test positive must be removed from service and are subject to discipline, up to and including termination. CDL holders should consult the drug and alcohol testing policy for employees who operate commercial vehicles for the additional details concerning these rules. (Ord. 518 § 2, 2009)

2.55.580 Drug-free workplace.

(1) The manufacturing, distribution, dispensation, possession and use of unlawful drugs or alcohol on town premises or during work hours by town employees are strictly prohibited.

(2) Employees must notify the town within five days of any conviction for a drug violation in the workplace.

(3) Violation of this policy can result in disciplinary action, including termination. Continued poor performance or failure to successfully complete an assigned rehabilitation program is grounds for termination. (Ord. 518 § 2, 2009)

2.55.590 Complaint procedures.

The town recognizes that sometimes situations arise in which an employee feels that he or she has not been treated fairly or in accordance with town rules and procedures. For this reason the town provides its employees with procedures for resolving complaints.

(1) Step 1. An employee should first try to resolve any problem or complaint with his/her supervisor.

(2) Step 2. If the employee is not satisfied with the response from the supervisor, the employee may submit the problem, in writing, to the mayor. The written complaint must contain, at a minimum:

(a) A description of the problem;

(b) A specific policy or procedure which the employee believes has been violated or misapplied;

(c) The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances;

(d) The remedy sought by the employee to resolve the complaint. The written complaint should be filed within 10 working days of the occurrence leading to the complaint, or 10 working days after the employee becomes aware of the circumstances.

(3) The mayor may meet with the parties, either individually or together, and will respond in writing to the aggrieved employee within 10 days of the meeting. The mayor’s response and decision shall be final and binding. (Ord. 518 § 2, 2009)

2.55.600 Reporting improper governmental action (whistleblower).

It is the policy of the town:

(1) To encourage reporting by its employees of improper governmental action taken by the town of Cathlamet officers or employees; and

(2) To protect the town of Cathlamet employees who have reported improper governmental actions. (Ord. 518 § 2, 2009)

Article IX. Discipline and Termination

2.55.610 Discipline.

(1) All employees are expected to exercise good judgment, loyalty, common sense, dedication, and courtesy in the performance of their duties. The primary mission of every employee is to provide courteous, orderly, efficient, and economic delivery of services to the citizens of the town.

(2) Acts, errors, or omissions which discredit the public service or impair the provision of orderly services to the citizens of the town may result in discipline, including termination.

(3) The mayor or supervisor, as appropriate, has full discretion and authority to impose disciplinary action in accordance with town policy and the circumstances of the particular case.

(4) The following are examples of the types of behavior which may result in discipline:

(a) Drinking alcohol or the abuse of nonprescription or prescription drugs or other controlled substances on the job, or arriving on the job under the influence of or while in possession of alcohol, drugs, or other controlled substances.

(b) Violation or willful neglect of a lawful duty.

(d) Absence from work without first notifying and securing permission from the supervisor.

(e) Habitual absence or tardiness for any reason.

(f) Unsatisfactory job performance, as determined by the town.

(g) Conviction of any felony or a misdemeanor involving moral turpitude.

(h) Acceptance of fees, gratuities or other valuable items in the performance of the employee’s official duties for the town.

(i) Inability, refusal or failure to perform the duties of the assigned job.

(j) Violation of duties or rules imposed by this chapter, or by any other town rule, regulation or administrative order.

(k) Discourteous treatment of coworkers, supervisors, elected or appointed officials, or the public.

This list is not all-inclusive, but only serves as a general guide. The town may discipline or terminate employees for other reasons not stated above.

(5) In the event that discipline is necessary, the following types of disciplinary actions may be used, depending on the particular situation:

(a) Oral Warning. An oral warning is a counseling session between the employee’s supervisor and the employee on the subject of the employee’s conduct and performance, or his/her failure to observe a rule, regulation, or administrative instruction. It is intended to increase an employee’s efficiency and value to the town by changing the employee’s conduct, attitude, habits, or work methods. Following the counseling session the supervisor shall document the oral warning and place it in the employee’s personnel file. The employee shall be provided a copy and initial the personnel file copy.

(b) Reprimand. A reprimand is a formal written disciplinary action for misconduct, inadequate performance, or repeated lesser infractions. Written reprimands are placed in the employee’s personnel file. The employee shall be provided a copy and initial the personnel file copy.

(c) Suspension. A suspension is a temporary, unpaid absence from duty which may be imposed as a penalty for significant misconduct or repeated lesser infractions. A suspension is a severe disciplinary action which is made part of the employee’s permanent record.

(d) Dismissal. As specified in CMC 2.55.620.

(6) Administrative leave without pay may be utilized by the mayor pending the results of an investigation or disciplinary action where the mayor determines those factors such as public confidence, the safety of the employee or the efficient functioning of the town call for such a suspension from duty.

(7) No employee will be disciplined for a discriminatory, retaliatory, or otherwise illegal reason. (Ord. 518 § 2, 2009)

2.55.620 Termination.

(1) An employee may be terminated from town employment for any reasons listed below:

(a) During or at the end of the employee’s probation period.

(b) As a result of disciplinary action.

(d) When the town council has made a determination that a lack of work or funding exists with respect to the employee’s position. The town council has sole discretion to make determinations of lack of work or lack of funding.

(e) If the employee has a physical or mental impairment that prevents him/her from performing the required duties of the employee’s position and the employee cannot be reasonably accommodated. Termination must be supported by medical evidence which establishes that the performance and qualifications are equal.

(2) An employee may be terminated from town employment at will by the mayor at any time, with or without notice and with or without cause, except as that right may be restricted by the statutes of the state of Washington and the United States of America.

(3) No employee will be terminated for a discriminatory, retaliatory, or otherwise illegal reason. (Ord. 518 § 2, 2009)

2.55.630 Pretermination hearing.

In the case of termination of an employee other than probationary employees, the town will conduct a pretermination hearing. The pretermination hearing serves as a check against mistaken decisions and to determine whether there is a reasonable presumption that the charges against the employee are valid and support termination.

(1) In the event a supervisor desires to terminate an employee, the employee (other than probationary employees) shall be provided with a notice of the recommendation for termination. The notice shall include an explanation of the charges on which the recommendation is based, and the time and date for a pretermination hearing. If the employee fails or refuses to appear, the termination may proceed.

(2) Pretermination hearings will be presided over by the mayor or a designated representative.

(3) At the hearing, the employee may show cause why he/she should not be terminated. The employee may bring one person to the hearing as an observer who is not allowed to participate in the hearing or interfere with its orderly process.

(4) Within two working days after the pretermination hearing, the mayor will usually issue a decision on whether there are reasonable grounds to believe the charges against the employee are true and support termination. A longer review period may be required in more complex situations. If the decision finds the charges credible, the termination may proceed. If the decision finds the charges questionable or insufficient for termination, the matter returns to the supervisor for further investigation or other disciplinary action short of termination. (Ord. 518 § 2, 2009)

2.55.640 Layoff.

(1) The mayor may lay off employees for lack of work, budgetary restrictions or other changes that have taken place.

(2) Temporary employees or employees who have not completed their trial period will be laid off before regular employees are affected.

(3) In determining who is to be laid off, consideration will be given to individual performance and the qualifications required for remaining jobs. Seniority will be considered when performance and qualifications are equal.

(4) 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. 518 § 2, 2009)

2.55.650 Resignation.

An employee should provide two weeks’ notice of resignation. This time limit may be waived by the mayor. (Ord. 518 § 2, 2009)

2.55.660 Death.

Upon the death of an employee, all compensation due shall be paid to the surviving spouse or the estate of the employee. (Ord. 518 § 2, 2009)