Chapter 2.50
MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM

Sections:

2.50.010    POLICY STATEMENT.

2.50.020    APPLICABILITY, EXCLUSIONS AND EXEMPTIONS.

2.50.030    SALARY PLAN.

2.50.031    ADJUSTMENT OF SALARY BAND LEVELS.

2.50.032    ACTUAL SALARY RATE.

2.50.034    INITIAL BENEFITS FOR DEPARTMENT HEADS.

2.50.040    WORK SCHEDULES AND LEAVE BENEFITS.

2.50.050    DEFERRED COMPENSATION/INSURANCE OPTIONS.

2.50.060    RETIREMENT BENEFITS.

2.50.070    MEDICAL AND DENTAL INSURANCE BENEFITS.

2.50.080    WORKERS’ COMPENSATION.

2.50.090    SEVERANCE PAY.

2.50.010 POLICY STATEMENT.

(a)    It is the policy of the City of Bremerton to provide a management and professional compensation program which enables the City to employ staff who possess the necessary skills and abilities to effectively:

(1)    Manage the delivery of existing City services and the provision of essential municipal government support functions;

(2)    Evaluate and plan future service needs;

(3)    Advise and support the policy-making activities of the City’s elected officials; and

(4)    Implement policy changes enacted by the elected representatives of the citizens of Bremerton.

(b)    It is also the policy of the City of Bremerton to structure the classification and compensation program for management and professional staff in a manner which assures that:

(1)    The actual duties assigned to a classification are appropriate to the assigned level of responsibility;

(2)    Compensation levels are consistent with the level of responsibilities assumed by staff and appropriate to the City’s financial circumstances;

(3)    Individual salary rates appropriately reflect each person’s performance and experience at the responsibility level assumed with the City of Bremerton.

(c)    The provisions of this program shall be applied equally to all persons included in the program without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. (Ord. 4305 §1 (in part), 1991).

2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS.

(a)    Applicability. The provisions of the program adopted by this chapter shall only apply to salaried management and professional appointive positions designated as such and authorized in the City’s annual budget; provided, however, for the City Auditor, the responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the Council President.

(b)    Exclusion from Representation. All classifications and all positions within classifications covered by this program along with other City officials represent "the employer" for purposes of labor relations. As such, no classification and no position within a classification which is included in a representation unit for the purpose of collective bargaining under the State of Washington’s public employee collective bargaining statutes contained in Chapter 41.56 RCW shall be included in this program.

(c)    Noncoverage and Exemption under Fair Labor Standards Act. No classification, no position within a classification and no incumbent of a position which does not qualify for noncoverage or exemption from the Fair Labor Standards Act shall be included in this program. (Ord. 4539, Amended, 12/18/1995; Ord. 4462 §1, 1994; Ord. 4461 §3, 1994; Ord. 4452 §1, 1994; Ord. 4430 §1, 1993; Ord. 4408 §1, 1993; Ord. 4387 §1, 1992; Ord. 4358 §2, 1992; Ord. 4305 §1 (in part), 1991)

2.50.030 SALARY PLAN.

A salary plan for management and professional staff shall be established and salaries set for covered employees as follows:

(a)    Each position included in BMC 2.50.020 shall be assigned to a salary band. Assignment of positions to bands shall be based upon general salary levels paid by municipal governments of similar size, demography and financial resources for similar responsibilities. Assigned salary bands shall not be changed or established without conducting a salary survey for the position being changed. All changes must be approved by the Mayor and City Council.

(b)    The salary bands shall be structured as follows:

(1)    Band Differential. The percentage differential between the maximum rates of salary bands shall be approximately five (5) percent.

(2)    Band Range. Salary rates of a band range shall have eight (8) rates. Rate 1 is approximately five (5) percent below Rate 2. Rate 2 through Rate 8 in the band shall be spread approximately two and one-half (2.5) percent. The spread between the minimum and maximum rates shall be approximately twenty-two (22) percent. (Ord. 5347 §1, 2018: Ord. 4984 §1, 2006: Ord. 4401 §1 (in part), 1993)

2.50.031 ADJUSTMENT OF SALARY BAND LEVELS.

The City Council shall provide for adjustments to salary band levels as are consistent with the Council’s CPI salary adjustment policy each year. (Ord. 4984 §2, 2006: Ord. 4401 §1 (in part), 1993)

2.50.032 ACTUAL SALARY RATE.

(a)    Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may authorize an initial salary of a newly hired person at a rate which exceeds Rate 1.

(b)    Salaries may be increased as follows:

(1)    Salary Rate Advancement. Each person shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. To receive a salary rate advancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one rate in the same salary band, if available.

(2)    Additional Advancement. Those employees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1) of this section. This additional advancement shall require the recommendation of the department head, or equivalent, and approval of the Mayor and City Council.

(3)    A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance.

(4)    Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council.

(c)    Changes to Employee Classifications.

(1)    Downgrading an Employee’s Classification. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the person’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned.

(2)    Upgrading an Employee’s Classification. If an employee’s classification is moved from one salary band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change.

(3)    Promotions. In the event an employee is promoted from one classification to a higher classification (one salary band to a higher salary band), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. Any additional rate advancements shall require City Council approval. (Ord. 5210 §1, 2013: Ord. 4984 §3, 2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993)

2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS.

When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head’s employment contract approved by the City Council. (Ord. 4551, Added, 05/23/1996)

2.50.040 WORK SCHEDULES AND LEAVE BENEFITS.

(a)    Work Schedules. Full-time managers and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which shall be the equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave time. The work schedules of part-time managers and professional staff shall be apportioned accordingly. Alternative work schedules to the forty (40) hour week may be authorized by the department director and Human Resources Manager. Managers and professional staff may be called back to their work place at any time to respond to emergencies. Managers and professional staff covered by this program are noncovered or exempt from the Fair Labor Standards Act’s overtime provisions.

(b)    Holiday Time. Managers and professional staff shall receive a full day of time off without loss of compensation for each holiday observed by the City on the day the City observes the holiday and one additional floating holiday. Holidays observed by the City are:

New Year’s Day

Martin Luther King’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Veteran’s Day

Thanksgiving Day

Day after Thanksgiving

Christmas

In addition, similar time off without loss of compensation is granted for any other holiday which the City Council takes specific official action to observe.

(c)    Vacation.

(1)    Vacation Leave. Managers and professional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional position(s) as follows:

through 2 full years

15 days (120 hours)

through 5 full years

20 days (160 hours)

after 5 full years and thereafter

25 days (200 hours)

Upon hire and with the approval of the Mayor, the vacation leave time granted a new staff member may be set at twenty (20) days or if a current City employee at twenty-five (25) days unless otherwise approved by City Council.

(2)    Vacation Availability - Adjustment at Hire or Separation. Annual vacation leave is granted in full on January 1 of each calendar year; however, a pro rata increase shall accrue on the employee’s anniversary date in the year the employee qualifies for a larger vacation benefit. Managers and professional staff who are hired or who separate from employment with the City within a budget year receive vacation days on a pro-rated basis which covers the time of employment.

(3)    Vacation Eligibility. Vacation time is taken in segments of one (1) whole day or more. Vacation leave available to a manager or professional staff member at the beginning of a vacation leave is to be sufficient to cover any vacation time to be taken.

(4)    Maximum Unused Vacation. The maximum vacation time that shall be allowed to carry forward from one calendar year to the next is as follows:

Years of
Continuous Employment

Maximum Balance

 

 

0 through 5 years

20 days (160 hours)

more than 5 years

30 days (240 hours)

In the event a manager or professional staff member has not reduced his or her vacation balance to the maximum allowable carryover at the end of a calendar year, excessive days are forfeited unless the Mayor grants an extension of time beyond the end of the calendar year during which all vacation days which exceed the maximum allowable carryover are to be taken.

(5)    Vacation Pay-Out. Upon separation from City employment, unused vacation time will be paid to the manager or professional staff member in a cash payment as follows:

i.    Prorated Adjustment. Vacation time balance accrued during the year of separation and adjusted pursuant to subsection (c)(2) of this section; plus

ii.    Allowable Carryover Balance. The maximum allowable vacation time carryover established in subsection (c)(4) of this section. Any unused vacation leave exceeding the maximum allowable carryover that has been approved by the Mayor for carryover pursuant to subsection (c)(4) of this section is not eligible for cash out.

(d)    Sick Leave.

(1)    Accrual. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period.

(2)    Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of one hundred twenty-five (125) days. Upon reaching a maximum of one hundred twenty-five (125) days, no further accrual is added until such time as sick leave time is taken. Accrued sick leave time is provided as a form of self-insured short-term disability coverage and no cash payment for unused sick leave time is made under any circumstances except as set forth in subsections (d)(9) and (10) of this section.

(3)    Banked Sick Leave for Certain Managers and Professional Staff. Any person covered by this program who was employed by the City on January 20, 1985, and who had accrued, unused sick leave time set aside in a sick leave bank at that time shall have the banked time remain on record and made available for his or her use. Upon service retirement from City service, the person shall receive payment of thirty-five (35) percent of banked sick leave time to a maximum of one hundred twenty (120) banked days (a maximum of forty-two (42) paid days). In the event the person dies while employed with the City, the person’s estate shall be paid for all days of banked time.

(4)    Sick Leave Incentive. Anyone who takes two (2) days or less of sick leave in a full calendar year shall have one (1) day added to his or her vacation leave balance at the beginning of the following calendar year.

(5)    Sick Leave Use. Sick leave is charged in one (1) day segments and must be accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence due to any of the reasons provided below are administered by the Mayor under subsection (a) of this section and are not charged to sick leave balances for salaried employees. Sick leave is available up to the amount of accrued sick leave balance days and may be used for:

i.    Temporary disability resulting from personal illness or injury.

ii.    Providing care for children under the age of eighteen (18) when they have a health condition that requires parental supervision or treatment.

iii.    Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health personal care or a child’s care, when such care requires parental presence to supervise or authorize treatment.

iv.    Pursuant to the Family Leave Act, to care for a sick child or other family member (spouse, parent, parent-in-law or grandparent).

(6)    Notification of Sick Leave Use. A person who is absent or expects to be absent from work due to causes specified in subsection (d)(5) of this section is to promptly notify the City by telephone or otherwise by 9:00 a.m., if possible, of the day of his or her scheduled work day.

(7)    Sick Leave During Authorized Paid Leave. A person who becomes ill or is injured during paid vacation may request the conversion of the vacation leave to sick leave with pay by promptly notifying the City of the illness or injury and providing such information as is required by the City to verify the appropriateness of such a conversion.

(8)    Sick Leave Documentation and Approval. Within three (3) days after returning to work, a person who has been absent on sick leave is to submit such forms and provide such information as is required by the City to approve the payment of sick leave. The Mayor may require a person to demonstrate that he or she has sought treatment or require other verification needed to assure that the person is fit for duty or as needed to approve paid sick leave for the absence.

(9)    Sick Leave Retirement Payment. An employee who retires from City service on a PERS or LEOFF service or disability retirement shall be provided a sick leave retirement payment at thirty-five (35) percent of the employee’s accrued and unused sick leave hours to a maximum of thirty-five (35) percent of nine hundred sixty (960) hours (a maximum total of three hundred thirty-six (336) hours). The payment will be made to the employee at the employee’s regular hourly wage rate in effect at the time of retirement.

(10)    Payment of Sick Leave Upon Death. In the event of the death of an employee, the employee’s estate shall be paid for the total accrued and unused sick leave hours at the employee’s regular hourly wage rate in effect at the time of death.

(e)    Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of State funerals upon the death of a member of the immediate family. The first three (3) days of time off for bereavement leave will be compensated at the employee’s current salary. The additional two (2) days of time off for bereavement leave shall be charged against the employee’s vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee. Immediate family is defined as spouse, State registered domestic partner, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and his or her spouse.

(f)    Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to jury duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees received by a person for the performance of such duties shall be assigned to the City.

(g)    Military Leave. A leave of absence with pay for a period not to exceed twenty-one (21) working days is granted for the purpose of responding to training orders as a member of the organized military reserves of the United States or of the State of Washington.

(h)    Administrative Leave. The Mayor may place any manager or professional staff member on paid administrative leave for up to thirty (30) working days under circumstances which make it appropriate that the person be absent from the work place during the investigation, resolution or pendency of procedures appropriate to the circumstances involving the manager or professional staff member. The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor.

(i)    Leave of Absence. A leave of absence without compensation may be granted by the Mayor for a period of up to thirty (30) working days and may be subsequently extended with the approval of the City Council. Any leave of absence greater than thirty (30) days will be without compensation and benefits unless required by law. (Ord. 5210 §2, 2013: Ord. 5074 §1, 2009; Ord. 4551, Amended, 05/23/1996; Ord. 4305 §1 (in part), 1991)

2.50.050 DEFERRED COMPENSATION/INSURANCE OPTIONS.

The City will contribute a total of four percent (4%) of gross salary to options selected by each person from City deferred compensation and/or tax exempt benefits made available through approved City policies. (Ord. 4305 §1 (in part), 1991)

2.50.060 RETIREMENT BENEFITS.

Each manager or professional staff member covered by this program will be enrolled in the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I, II or III, or PSERS retirement system for which he or she qualifies. Contributions to the respective retirement systems by the City and by each employee will be made in conformance with Federal FICA Laws and State Retirement Laws. (Ord. 5210 §4, 2013: Ord. 4305 §1 (in part), 1991)

2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS.

(a)    A manager or professional staff member covered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I, II or III State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the represented employees employed in his or her department who are included in that particular system. A manager or professional staff member who can provide documentation of alternative medical insurance coverage may elect to receive two hundred fifty dollars ($250.00) per month in lieu of enrolling in a medical plan offered by the City. The City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washington Cities.

(b)    The City will offer short-term disability insurance coverage to management and professional employees on a voluntary basis, which will be paid by the employee through payroll deduction. (Ord. 5210 §3, 2013: Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991)

2.50.080 WORKERS’ COMPENSATION.

Each manager and staff member shall receive such workers’ compensation benefits as are provided by the City pursuant to State laws. A manager or staff member who incurs a work-related illness or injury and who qualifies to receive workers’ compensation benefits shall be allowed to use accrued sick leave to supplement the workers’ compensation benefits so as to provide the same salary he or she would have received for full-time active service, taking into account that workers’ compensation payments are not subject to federal or social security taxes. In no event shall the combination of workers’ compensation and sick leave exceed the amount of an employee’s regular salary at any time of the disability period. (Ord. 4305 §1 (in part), 1991)

2.50.090 SEVERANCE PAY.

Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or regulation as applicable, a manager or professional staff member may be separated from employment without cause ("at will") from a position included in this program upon receiving thirty (30) calendar days’ written notice of separation or pay in lieu of all or part of said notice. A person so separated shall not have the right to displace any other person employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as follows:

(a)    Through two (2) full years of employment: two (2) months’ severance pay.

(b)    Through five (5) full years of employment: two and one-half (2.5) months’ severance pay.

(c)    Over five (5) years of employment: three (3) months’ severance pay. (Ord. 4810, Amended, 09/14/2002; Ord. 4305 §1 (in part), 1991)