Chapter 2.52
PERSONNEL POLICY

Sections:

Article I. Purpose and Scope

2.52.010    Introduction.

2.52.020    Intent of policies.

2.52.030    Scope of policies.

2.52.040    Changing the policies.

2.52.050    Administration of the personnel system.

2.52.060    Definitions.

Article II. General Policies and Practices

2.52.070    Equal employment opportunity policy.

2.52.080    Disability discrimination prohibited.

2.52.090    Life-threatening/communicable diseases.

2.52.100    Antiharassment policy.

2.52.110    Sexual harassment prohibited.

2.52.120    Discrimination complaint procedure.

2.52.130    Employee personnel records.

2.52.140    Employee’s right to inspect file.

2.52.150    Employment references.

2.52.160    Employee ethics.

2.52.170    Workplace relationships.

2.52.180    Confidentiality of business information.

2.52.190    Public records requests.

2.52.200    Gifts and gratuities.

2.52.210    Family members.

Article III. Employment Practices

2.52.220    Merit employment.

2.52.230    Appointing authority.

2.52.240    Hiring procedures.

2.52.250    Driving record/license.

2.52.260    Medical examination.

2.52.270    Offer of employment.

2.52.280    Temporary employees.

2.52.290    Trial period.

2.52.300    Performance reviews.

2.52.310    Use of sick leave/vacation.

2.52.320    Promotions.

Article IV. Hours and Attendance

2.52.330    Working hours.

2.52.340    Exempt and nonexempt employees.

2.52.350    Exempt employees flex time.

2.52.360    Exempt employees executive time.

2.52.370    Nonexempt employees overtime.

2.52.380    Nonexempt employees comp time.

2.52.390    Attendance.

2.52.400    Unusual weather conditions.

2.52.410    Breaks and meal periods.

2.52.420    Call back.

Article V. Compensation

2.52.430    Salary plan.

2.52.440    Town salary policy.

2.52.450    Paydays.

2.52.460    Payroll records.

2.52.470    Garnishment.

2.52.480    Compensation upon termination.

Article VI. Benefits

2.52.490    Retirement benefits.

2.52.500    Disability benefits (workers’ compensation).

2.52.510    Health insurance benefits.

2.52.520    Continuation of insurance coverage.

Article VII. Leaves

2.52.530    Vacation.

2.52.540    Sick leave.

2.52.550    Family leave.

2.52.560    Domestic violence leave.

2.52.570    Bereavement leave.

2.52.580    Shared leave program.

2.52.590    Jury and witness leave.

2.52.600    Emergency responder leave.

2.52.610    Military leave – Leave for active duty military service.

2.52.620    Holidays.

2.52.630    Continuation of benefits during leave.

2.52.640    Benefits upon hire and separation.

2.52.650    Benefits for part-time and temporary employees.

2.52.660    Other benefits/leaves.

Article VIII. Performance Reviews and Training

2.52.670    Performance reviews.

2.52.680    Training policy.

Article IX. Employee Responsibilities and Conduct

2.52.690    Timesheets.

2.52.700    Outside employment and conflicts of interest.

2.52.710    Political activities.

2.52.720    Reporting improper governmental action (Whistleblower Protection Act).

2.52.730    Key definitions.

2.52.740    Procedure for reporting improper government action.

2.52.750    Protection against retaliation.

2.52.760    Procedure for seeking relief against retaliation.

2.52.770    Policy implementation.

2.52.780    No smoking or vaping policy.

2.52.790    Use of town telephones.

2.52.800    Use of town-owned cellular telephones.

2.52.810    Town vehicle take-home policy.

2.52.820    Employee personal vehicle use on town business.

2.52.830    Computer usage.

2.52.840    Social media policy.

2.52.850    Seat belt policy.

2.52.860    Driver’s license requirements.

2.52.870    Workplace health and safety.

2.52.880    Fragrance sensitivity.

2.52.890    Drug-free workplace.

2.52.900    Drug/alcohol testing for employees who hold a commercial driver’s license (CDL).

2.52.910    Complaint procedure/problem-solving process.

Article X. Discipline and Termination

2.52.920    Guidelines for appropriate conduct.

2.52.930    Discipline procedure.

2.52.940    Termination.

2.52.950    Layoff.

2.52.960    Resignation.

2.52.970    Voluntary demotion.

Prior legislation: Ords. 511, 625, 647, 721, 758, 766, 778 and 779.

Article I. Purpose and Scope

2.52.010 Introduction.

These personnel policies are a guide to the town’s current employment policies. These policies outline and address how the town operates, what is expected of an employee, and compensation and benefits.

The town of Concrete places great value on its employees and their well-being. The town desires to see happy and satisfied workers, thus able to maximize their contribution to the town.

It is the town’s belief that when consistent personnel policies are known and communicated to all, the chances for greater job satisfaction increase. The town encourages all employees to read these policies and follow their provisions. Any questions about the policies should be addressed to the employee’s department head or to the mayor. [Ord. 797, 2019]

2.52.020 Intent of policies.

The personnel policies are not intended to be a contract, express or implied, or as a guarantee of employment for any specific duration. Although the town desires employment relationships to be long-term, the town recognizes that things do not always work out as hoped, and the town council or the employee may decide to terminate the employment relationship. The mayor has the authority to enter into an agreement with an employee for employment for any specified period. [Ord. 797, 2019]

2.52.030 Scope of policies.

(1) These personnel policies apply to all town employees, excluding:

(a) Temporary and seasonal employees, and/or employees working less than 20 hours per week on a regular basis.

(2) These provisions cover hiring, firing, termination, discipline, and any other matter within the scope of this personnel policy. In cases where these policies conflict with any town ordinance, state or federal law, or personal services contract, the terms of that law or contract prevail. Nothing in these policies shall limit or condition the authority of the mayor to appoint or terminate any officer or employee who serves at the pleasure of the mayor, in the manner provided by state law. The exercise of the mayor of his/her statutory authority shall not give rise to any claim or cause of action based upon any policy herein. In all other cases, these policies apply. [Ord. 797, 2019]

2.52.040 Changing the policies.

As the need arises, the town council may modify these policies by ordinance. The town council may deviate from these policies in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the citizens of Concrete. Employees may request specific changes to these policies by submitting suggestions to the town council and/or the mayor. [Ord. 797, 2019]

2.52.050 Administration of the personnel system.

These policies and the town’s personnel system shall be administered as follows:

(1) Town Council. Adopts the budget that includes adjustments to salaries, benefit changes, authorization for positions and training appropriations. The council shall be given a copy of these personnel policies and any subsequent changes.

(2) Mayor. Final responsibility for adopting, implementing, and interpreting these personnel policies. The mayor is responsible for the final decision on hiring, termination and discipline of all employees, as provided otherwise by statute.

(3) Department Head. Responsible for administering their own department in accordance with these policies and any applicable laws. They are responsible for the discipline, training, performance evaluations, and safety, working conditions, time keeping and leaves regarding their employees, subject to supervision by the mayor. [Ord. 797, 2019]

2.52.060 Definitions.

(1) “Department head” means an employee who is responsible for directing one or more departments and supervises one or more employees.

(2) “Immediate family” includes an employee’s parent, spouse, registered domestic partner, children, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents, grandchildren, aunt, uncle, step-relations equivalent to those listed, and no other persons.

(3) “Regular full-time employee” means an employee who has completed a trial period and who regularly works a minimum of 40 hours a week.

(4) “Permanent part-time employee” means an employee who has completed a trial period and who regularly works less than 40 but at least 20 hours a week.

(5) “Part-time employee” means an employee who has completed a trial period who works less than 70 hours per month.

(6) “Seasonal employee” means an employee who is hired seasonally as a temporary, part-time employee.

(7) “Temporary employee” means employees who hold jobs of limited duration due to special projects, abnormal workloads or emergencies.

(8) “Trial employee” means an employee who has not yet completed his/her trial period in a regular position and who has not been certified to regular employment status. Unless otherwise specified, when regular employees are referred to in these policies, they shall include trial employees. Probation period shall be six months. [Ord. 797, 2019]

Article II. General Policies and Practices

2.52.070 Equal employment opportunity policy.

The town of Concrete is an equal employment opportunity employer. This means that the town employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies and all employment practices shall be applied without regard to any individual’s sex, race, color, religion, national origin, pregnancy, age, genetics, protected veteran status, gender identity or expression, marital status, sexual orientation, disability or any other characteristic protected by federal, state or local laws. Moreover, the town is fully committed to achieving and maintaining a work force that reflects the cultural diversity of our community. [Ord. 797, 2019]

2.52.080 Disability discrimination prohibited.

The town will not discriminate against applicants or employees with a sensory, physical or mental disability, unless the disability cannot be reasonably accommodated and prevents proper performance of an essential element of the job. [Ord. 797, 2019]

2.52.090 Life-threatening/communicable diseases.

Employees with life-threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance 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, including discharge, when a substantial and unusual safety risk to fellow town employees or the public exists. [Ord. 797, 2019]

2.52.100 Antiharassment policy.

It is town policy to foster and maintain a work environment that is free from discrimination and intimidation. Toward this end, the town will not tolerate harassment of any kind that is made by the mayor, town council or employees toward coworkers or members of the public. Employees are expected to show respect for each other at all times, despite individual differences.

“Harassment” is defined as verbal or physical conduct that demeans or shows hostility or aversion toward another employee or members of the public. Examples of prohibited conduct include slurs or demeaning comments to employees or members of the public relating to race, ethnic background, gender, religion, sexual orientation, age, or disability.

See CMC 2.52.120, Discrimination complaint procedure, for guidance on what to do if employees experience harassment. [Ord. 797, 2019]

2.52.110 Sexual harassment prohibited.

Sexual harassment will not be tolerated by the town of Concrete. Prompt disciplinary action will be taken against any employee who commits or participates in any form of sexual harassment.

“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 in or affects an employee’s work performance.

If an employee has a sexual harassment complaint, they should follow the steps in CMC 2.52.120. [Ord. 797, 2019]

2.52.120 Discrimination complaint procedure.

Each member of management is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, employees are responsible for respecting the rights of their coworkers and others, including the citizens they serve.

The following procedure outlines the steps to follow if an employee experiences harassment on the job. Harassment includes, but is not limited to actions related to gender, race, national origin, disability, or any other discriminatory factor.

(1) If an employee experiences or witnesses any job-related harassment, or believes he/she has been treated in an unlawful, discriminatory manner, he/she should promptly report the incident to their department head or the mayor.

(2) All complaints will be investigated promptly. Upon receiving a complaint, the department head, after consulting with the mayor, shall initiate an investigation. If the investigation shows the accused employee engaged in harassment, appropriate disciplinary action will be taken, up to and including termination.

(3) Both the employee filing the complaint and the alleged offender shall receive either a verbal or written response that contains the findings of the investigation and any action taken. Unless extra time is needed for the investigation, the response will be given within 30 days of the date on which the complaint was received.

(4) The town prohibits retaliation of any kind against an employee for filing a good faith complaint under this policy or for assisting in a complaint investigation. Any employee who retaliates or provides false information regarding a complaint may be subject to disciplinary action. [Ord. 797, 2019]

2.52.130 Employee personnel records.

Access to an employee’s personnel file is limited to the mayor and the clerk-treasurer. The personnel file contains such items as the employee’s job application, job description, benefit enrollments, emergency numbers and contacts, salary information, disciplinary actions, and letters of commendation. For payroll purposes, certain salary and benefit records will be kept in separate payroll files.

Performance evaluations are kept separate in an envelope in the personnel file. Each file contains an entry log for recording access to the records. Medical information and records are kept in a locked medical file that is separate from the personnel file, with access limited to the mayor and the clerk-treasurer, the employee and his/her custodial witness.

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 available to the public. [Ord. 797, 2019]

2.52.140 Employee’s right to inspect file.

Employees have the right to review their own file and may request removal of irrelevant or erroneous information. If the town denies the employee’s request to remove the information, the employee may submit a written statement of explanation to be placed in his/her file. If an employee or his/her custodial witness wishes to see his/her personnel file, a request should be made to the mayor. Employees have the right to a copy of any information in their files. [Ord. 797, 2019]

2.52.150 Employment references.

Only the mayor will provide employment references on current or former town employees. Other employees shall refer requests for references to the mayor. [Ord. 797, 2019]

2.52.160 Employee ethics.

The town’s primary function is to serve the citizens of Concrete. The town expects that all employees will serve our citizens in a professional manner that is professional, fair, courteous, effective, efficient and helpful. The town trusts and expects that its employees’ decisions and actions will be guided by sensible judgment, personal responsibility, and the following ethical principles:

(1) Be tactful and courteous in all interactions, including with members of the public, town officials, and fellow employees.

(2) Uphold the town’s policies in a clear and consistent manner at all times.

(3) Make unbiased decisions and use authority fairly and responsibly.

(4) Avoid decisions or actions that might result in or give the impression of providing preferential treatment or privileged information to any person.

(5) Conduct town business in an impartial manner, disclosing all potential conflicts of interest.

(6) Be good stewards of the town’s resources, grounds, facilities and equipment.

(7) Use position or town resources only for legitimate town business and not for personal gain.

(8) Be mindful of how actions may be perceived by others.

Employees must also comply with all applicable requirements of Chapters 42.20 and 42.23 RCW. No town employee may engage in any act which is in conflict with, or creates an appearance of conflict with, the performance of official duties. [Ord. 797, 2019]

2.52.170 Workplace relationships.

The town does not prohibit consensual relationships between employees that occur outside the workplace. If a potential conflict of interest arises due to that personal relationship, the town will address the workplace concerns. The town reserves the right to terminate those employees in accordance with town policy if such relationships become disruptive to the workplace, interfere with normal supervisory duties, or have an impact on employee morale. If a consensual relationship occurs outside the workplace between a supervisor and an employee they supervise, the supervisor must promptly disclose this to the mayor.

If two employees develop a voluntary romantic relationship, marry, become registered domestic partners, become related, or voluntarily become part of the same household, and where one holds a supervisory position over the other, it is considered an ethical conflict of interest. Such relationships create a business necessity for removing the supervisor/subordinate situation. Employees in supervisory positions have a higher duty of responsibility in representing the town and may not use their supervisory position to influence the working conditions of a subordinate employee in any way. The town mayor or designee reserves the right to transfer or reassign either employee to another position as deemed necessary to avoid such conflicts. If a conflict exists that cannot be resolved as set forth above, the town reserves the right to terminate one of the employees. The decision as to which employee remains employed with the town must be made by the affected employees within 30 calendar days of becoming married, registering as domestic partners, or sharing the same household. If no decision is made during this time, the town retains its right to choose which employee will be terminated. Termination will occur only when required as a business necessity and in conformance with WAC 162-16-250. [Ord. 797, 2019]

2.52.180 Confidentiality of business information.

Town of Concrete employees have job responsibilities that include access to personal information regarding ratepayers, other employees, town officials, and town business. Employees are obligated to keep this information confidential except as may be authorized by law, such as the Public Records Act (Chapter 42.56 RCW). Confidential information includes, but is not limited to, computer, cell phone and other town account passwords, town building and equipment access codes, medical information, personal identity information such as social security number, personal phone numbers, and home addresses.

The town trusts its employees to be good stewards in handling confidential information in a responsible manner. This responsibility continues indefinitely, including after employment with the town ends. Employees who violate this confidentiality are subject to discipline up to and including termination and may also be subject to civil liability. [Ord. 797, 2019]

2.52.190 Public records requests.

Public records requests must be immediately forwarded to the clerk-treasurer who is the responsible official designated for public disclosures. Under Washington law, all documents are presumed accessible to the public unless an exemption exists. Employees are asked to be mindful of this when communicating with fellow employees and members of the public. The town expects that each employee will communicate in a manner that promotes the level of professionalism expected from town employees. [Ord. 797, 2019]

2.52.200 Gifts and gratuities.

As a public employee, it is against the law to receive or solicit, directly or indirectly, a gift or gratuity that could be viewed as reasonably expected to influence, intended to influence, or which appears to influence a vote, action, inaction, or judgment of any officer or employee, or which could be considered a reward, in whole or part, for such action or inaction. Employees must keep public perception in mind.

If companies provide promotional incentives for purchases, the “gifts” that are received belong to the town, not to one or more employees.

Gifts received in cultural exchanges as part of an employee’s official duties belong to the town and not the individual. Certain gift items of a value less than $50.00 are not considered likely to influence behavior and may be accepted on behalf of the town for use by the town.

Items that may be accepted are those specified in RCW 42.52.150 with an aggregate value of less than $50.00 from a single source or a single gift from multiple sources in a calendar year. For purposes of this section, “family,” “gift,” and “person” as defined in RCW 42.52.010, as enacted and amended, are adopted by this reference. A “single source” means any person acting directly or through any agent or other intermediary, and “single gift” includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift. The value of gifts given to an officer’s or employee’s family member or guest will be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.

Any gifts received should be kept at the town for use by all town employees. If you have a question about whether or not you should accept a gift or gratuity, check with the town attorney. [Ord. 797, 2019]

2.52.210 Family members.

Individuals who are part of the same family or reside in the same household as a current town of Concrete employee or official are eligible for employment at the town, provided no direct reporting or supervisor-to-subordinate relationship exists. This relationship exists when one family member’s work responsibilities, salary, hours, career progress, discipline, benefits, or other terms and conditions of employment could be influenced by the other family member. “Family member” has the same definition as “immediate family” contained in RCW 42.17A.005(27). [Ord. 797, 2019]

Article III. Employment Practices

2.52.220 Merit employment.

The overall consideration in the selection, placement and retention of employees shall be based solely on merit. “Merit” is defined as the match between the knowledge, abilities, skills, interests and temperament of the individual and the work and/or position assigned, and how well the employee performs those duties. Selection processes will be job related, and will attempt to measure a candidate’s knowledge, abilities, skills, interests and temperament as related to the duties of the position. [Ord. 797, 2019]

2.52.230 Appointing authority.

The mayor is the appointing authority of the town with power of appointment and removal of all appointed employees. Department heads shall make recommendations to the mayor regarding the appointment and removal of their employees. [Ord. 797, 2019]

2.52.240 Hiring procedures.

When a position becomes vacant and needs to be filled, the department head shall submit a written request to fill the position to the mayor and/or town council. The position will be posted and/or advertised after the mayor and/or town council approves the request.

The town may administer preemployment examinations to test the qualifications and ability of applicants, as determined necessary by the town. The town may also conduct certain background procedures as required by law or as required by the town. [Ord. 797, 2019]

2.52.250 Driving record/license.

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. Public works employees are required to have a current Washington State CDL and health card, or may be required to obtain a Washington State CDL within six months of hire as a condition of employment. The town will reimburse those employees required to have a CDL the cost of the test after they have successfully passed the test. The town will pay for all CDL physicals. Driving records will be checked for applicants to positions in which the applicant is expected to operate a motor vehicle. Applicants with poor driving records, as determined by the town, may be disqualified for employment with the town in positions requiring driving. (See also CMC 2.52.860 and 2.52.900.) [Ord. 797, 2019]

2.52.260 Medical examination.

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, as long as all employees in that position are required to take a medical examination. The town will pay for the medical examination. The purpose of the examination is to determine if the individual is physically able to perform the job and to ensure his/her physical condition will not endanger the health, safety or well-being of other employees or the public. The offer of employment may be conditioned on the results of the examination.

A candidate may be disqualified from consideration if: (1) found physically unable to perform the duties of the position (and the individual’s condition cannot reasonably be accommodated in the workplace); (2) the candidate refuses to submit to a medical examination or complete medical history forms. [Ord. 797, 2019]

2.52.270 Offer of employment.

After a candidate’s selection or promotion has been approved by the mayor, the department head will notify the candidate in writing to officially extend an offer of employment or promotion, including compensation levels and conditions of employment. The candidate must be made aware that employment and compensation are always subject to budget availability and continued satisfactory performance. No town representative has the authority to enter into any agreement for employment for a specific period of time or make any agreement contrary to the foregoing. [Ord. 797, 2019]

2.52.280 Temporary employees.

Department heads may use temporary employees to temporarily replace regular employees who are on vacation or other leave, to meet peak workload needs, or to temporarily fill a vacancy until a regular employee is hired upon authorization of the mayor.

Temporary employees may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws. [Ord. 797, 2019]

2.52.290 Trial period.

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

The normal trial period is six months from the employee’s date of hire, rehire or promotion. In special circumstances, the mayor may authorize the department head to extend the trial period for up to an additional six months, not to exceed 12 months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee’s performance. [Ord. 797, 2019]

2.52.300 Performance reviews.

During the trial period, the employee’s performance will be formally evaluated in writing on a scheduled basis. These evaluations will either demonstrate that the employee has successfully completed the trial period, or will provide a written plan of improvement that includes what is needed for the employee to gain regular employment status.

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

If an employee’s performance does not improve or it becomes clear that the employee is unable to satisfactorily learn the position, the employee may be terminated at any time during the trial period. Only in unusual circumstances, as authorized by the mayor, will the trial period be extended to further evaluate performance. [Ord. 797, 2019]

2.52.310 Use of sick leave/vacation.

Trial employees may use their accrued sick leave from the beginning of their employment, but may not use earned vacation until they have been employed for six months. [Ord. 797, 2019]

2.52.320 Promotions.

All openings will be posted, so that employees may become aware of opportunities and apply for positions in which they are interested and qualified.

The town reserves the right to seek qualified applicants outside of the organization at its discretion. Current employees applying for positions will be given preference when qualifications are equal to or exceed those of outside candidates.

All openings for the town will be posted on the town bulletin board, and advertised in the town’s official newspaper. To be considered for promotion, an employee must be employed in their position for at least one year, and meet the qualifications for the vacant position, unless such requirements are waived by the mayor in the best interests of the town. [Ord. 797, 2019]

Article IV. Hours and Attendance

2.52.330 Working hours.

The Town Hall staff standard workweek is Monday through Friday from 8:30 a.m. to 5:00 p.m., with a one-half-hour unpaid lunch period. Town Hall office hours are Monday through Friday 8:30 a.m. to 4:30 p.m., closed 12:00 p.m. to 1:00 p.m. for lunch periods. The public works workweek is Monday through Friday from 7:00 a.m. to 3:30 p.m. with a one-half-hour unpaid lunch period. A normal working schedule for regular, full-time employees consists of 40 hours each workweek, with exception of exempt employees. Different work schedules may be established upon recommendation of the department head to the mayor and/or town council.

Each employee’s department head will advise employees of their specific working hours. Part-time and temporary employees will work hours as specified by their department head. [Ord. 797, 2019]

2.52.340 Exempt and nonexempt employees.

All town positions are designated as either “exempt” or “nonexempt” according to the Fair Labor Standards Act (FLSA) regulations. All positions are nonexempt, within the meaning of this section, except the following when such employees meet all the qualifications under the Fair Labor Standards Act:

(1) Public works director.

(2) Clerk-treasurer. [Ord. 817, 2020; Ord. 797, 2019]

2.52.350 Exempt employees flex time.

For exempt employees, work hours do not include time required for attendance at regularly scheduled evening town council meetings, any type of council committee meetings, commission meetings or related events unless current regularly scheduled work hours coincide with these events, and the exempt employee is required to be in attendance at such meetings as part of their regularly scheduled work day.

When an exempt employee is engaged in a project that specifically requires overtime work to accommodate a number of meetings outside of normal working hours, or to meet unavoidable deadlines, scheduling constraints imposed upon the town, or other compelling cause, the exempt employee may work a flexible work schedule, when possible, to reduce the number of extra hours required. [Ord. 797, 2019]

2.52.360 Exempt employees executive time.

Exempt employees are not entitled to overtime compensation for hours worked in excess of the normal workday or workweek. The town recognizes that exempt employees may incur irregular and excessive work hours due to special projects, evening meetings and emergency situations. When an exempt employee is unable to use flex time, the exempt employee may be granted time off during regular work hours in recognition of such situations. The exempt employee may accumulate up to eight hours per month of executive leave. Any amount over the eight hours for a particular month must be preapproved by the mayor. As executive leave represents an unfunded liability for the town, the maximum accrual of executive leave shall not exceed 40 hours without prior approval by the mayor. This accrual of time for exempt employees should be applied as one hour for each one hour of extra time beyond the normal work schedule. [Ord. 797, 2019]

2.52.370 Nonexempt employees overtime.

Nonexempt employees are entitled to additional compensation, either in cash or compensatory time off, when they work more than 40 hours in a seven-day work period. The department head must authorize all overtime and shift changes in advance.

Overtime pay is calculated at one and one-half times the employee’s regular rate of pay for all time worked in excess of 40 hours in a workweek. When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time) does not count as hours worked. [Ord. 797, 2019]

2.52.380 Nonexempt employees comp time.

Upon request from a nonexempt employee, the town may grant compensatory time off (comp time), in lieu of overtime compensation, at the rate of one and one-half times the overtime hours worked. The town is not required to grant comp time instead of overtime pay.

As comp time represents an unfunded liability for the town, the maximum accrual of comp time shall not exceed 40 hours without prior approval by the mayor. Employees should schedule the use of comp time with their department head within 90 days of when it is earned, unless extended by the town council and/or mayor. If an employee is unable to use accrued compensatory time within 90 days, or comp time exceeds the maximum accrual, overtime compensation will be paid at the original overtime rate.

The department head of the department that is earning and using comp time will be responsible for making sure that the comp time worked is absolutely necessary. The department head must approve all comp time. Comp time cannot be accumulated as a result of poor planning on the part of a department head. [Ord. 797, 2019]

2.52.390 Attendance.

Employees are expected to report for work on time and maintain good attendance. If an employee is unable to report to work on time, he/she should notify his/her department head before the workday begins or within 30 minutes of his/her usual starting time. If an absence continues beyond one day, he/she should notify his/her department head each day. If the department head is unavailable, he/she should leave a message with the Town Hall. [Ord. 797, 2019]

2.52.400 Unusual weather conditions.

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

An employee who is unable to get to work or leaves work early because of unusual weather conditions may charge the time missed to: vacation, floating holiday, compensatory time, or leave without pay. The employee shall advise the department head by phone as in any other case of late arrival or absence. [Ord. 797, 2019]

2.52.410 Breaks and meal periods.

Employees may take one 15-minute break for every four hours worked. All breaks should be arranged so as not to interfere with town business or service to the public.

The meal period is normally one-half hour in length and is scheduled by the employee and his/her department head. [Ord. 797, 2019]

2.52.420 Call back.

All employees are subject to call back in emergencies or as needed by the town to provide necessary services to the public. Nonexempt employees called back to duty will be paid at their regular rate, with the overtime rate paid for hours worked over the weekly overtime threshold, for a minimum of two hours of work time. [Ord. 797, 2019]

Article V. Compensation

2.52.430 Salary plan.

The town’s pay plan is set forth by ordinance. The town council shall pass by ordinance a salary schedule that establishes pay ranges for each job classification. The town council approves this pay plan and any subsequent changes in the pay plan. [Ord. 797, 2019]

2.52.440 Town salary policy.

It is the intent of the town to attract and retain quality employees. Within budget limitations, the town endeavors to pay salaries competitive with those of other employees in the applicable labor market. Salaries are reviewed on an annual basis, and, resources permitting, an annual cost of living adjustment may be applied to salary ranges at the discretion of the town council. [Ord. 797, 2019]

2.52.450 Paydays.

Employees are paid monthly. Paychecks will be distributed on the last working day of the month. If payday falls on a weekend or a holiday, employees are paid the last working day of the month. Employees are encouraged to sign up for automatic deposit of paychecks by contacting the clerk-treasurer.

Deductions from paychecks are those required by law (i.e., Medicare, workers’ compensation premiums, court-ordered garnishments) and those approved by the employee in writing. [Ord. 797, 2019]

2.52.460 Payroll records.

The clerk-treasurer or his/her designee keeps the official payroll records. Each department head shall turn in a signed work record for each employee on a monthly basis, noting hours worked, leave taken and overtime worked. The mayor shall sign work records for all department heads. [Ord. 797, 2019]

2.52.470 Garnishment.

A garnishment is a legal stoppage of a specified amount from wages to satisfy a creditor. The payroll staff will make the necessary changes to the employee’s wages, and a check for the garnished amount will be forwarded to the creditor as directed. The employee will be notified that the garnishment is being processed and that if three garnishments are received within a period of 12 consecutive months, termination may result. [Ord. 797, 2019]

2.52.480 Compensation upon termination.

Upon an employee’s separation from town employment, the employee will receive the following compensation: regular wages for all hours that have not been paid; any overtime or holiday pay due; and payment of any accrued but unused vacation (up to 144 hours), compensatory time or executive leave (up to 40 hours). [Ord. 797, 2019]

Article VI. Benefits

2.52.490 Retirement benefits.

(1) Medicare Coverage. All town employees contribute to Medicare insurance and Social Security. The town also makes contributions on behalf of employees.

(2) State Retirement System (PERS/LEOFF). All regular full-time and eligible part-time employees are covered by the statewide retirement system, the Public Employees Retirement System (PERS). Benefit levels and contribution rates are set by the state of Washington. Under state law, the town council may choose to withdraw from PERS and establish its own retirement plan.

Employees should notify their department head of their intent to retire at least three months prior to the date of retirement. [Ord. 797, 2019]

2.52.500 Disability benefits (workers’ compensation).

(1) All employees are covered by the State Workers’ Compensation Program (Industrial Insurance Program). This insurance covers employees in case of on-the-job injuries or job-related illnesses. For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and medical costs due to job-related injuries or illnesses. All job-related accidents should be reported immediately to the department head and/or the clerk-treasurer. (See also CMC 2.52.870.)

(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 workers’ 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 workers’ compensation benefits.

(3) Coordination of Benefits. When the employee receives workers’ compensation benefits, he/she is required to repay to the town the amount covered by workers’ 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 mutual choice, to determine when the employee can return to work and if he/she will be capable of performing the duties of the position. [Ord. 797, 2019]

2.52.510 Health insurance benefits.

Regular full-time employees and their dependents are eligible to participate in the town’s insurance program on the first day of the month following their employment. The programs and criteria for eligibility will be explained upon hire. The town contributes the cost of premiums in the amounts authorized by the town council. The town reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees.

Temporary and part-time employees will normally not be eligible for insurance coverage, except that the mayor in his/her discretion may negotiate insurance coverage for individual employees. [Ord. 797, 2019]

2.52.520 Continuation of insurance coverage.

(1) Leave of Absence. 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. COBRA continuation rights may apply in the event coverage is not extended through the town.

(2) Workers’ Compensation Leave. An employee receiving workers’ compensation benefits continues to accrue vacation leave and sick leave for up to six months. The town also continues to pay for the health insurance premiums in the amounts authorized by the town council. After six months, the employee’s benefits shall cease, unless the town council makes an exception based on the criteria stated in changing the policies in CMC 2.52.040. The employee may continue health care benefits by self-paying insurance premiums for the remainder of the time he/she receives workers’ compensation benefits.

(3) COBRA Rights. Upon an employee’s termination from town employment or upon an unpaid leave of absence, at the employee’s option and expense, the employee may elect to continue town health insurance benefits to the extent provided under the federal COBRA regulations. Continuation rights are not available if an employee is terminated for “gross misconduct.” An administrative handling fee over and above the cost of the insurance premium may be charged the employee or his/her dependents that elect to exercise their COBRA continuation rights.

(4) Termination, Retirement, Leave of Absence. For eligible employees who terminate, retire or are on an approved leave of absence, the town will pay the premium for the month the employee is leaving in the amounts authorized by the town council, provided the employee is on paid status for the first 10 days of the month. [Ord. 797, 2019]

Article VII. Leaves

2.52.530 Vacation.

(1) Each regular full-time employee is entitled to vacation leave as follows:

(a) Initial hire through the fifth complete year of continuous employment – eight hours per month.

(b) After five full years of continuous employment – 10 hours per month.

(c) After 10 full years of continuous employment – 12 hours per month.

(2) All employees are eligible to use earned vacation after six months of employment. Regular part-time employees and temporary employees are not eligible for vacation leave.

(3) Department heads are responsible for scheduling employee vacations without disrupting department and town operations. As a general guideline, leave requests of one week or more duration should be submitted 30 days in advance.

(4) Vacation Carryover. Employees are encouraged to use vacation at the same rate it is earned. The maximum vacation accrual that will be paid upon termination or carried forward at year-end will be 144 hours.

(5) Vacation credit does not accrue during leave without pay. Vacation accrual begins on the first day of regular full-time hire. Accrual of vacation time shall be computed on a monthly, pro-rated basis. [Ord. 797, 2019]

2.52.540 Sick leave.

New full-time employees are granted 24 hours of sick leave upon employment, with three additional days awarded after three months of employment. At the end of six full months of employment, the full-time employee shall accrue sick leave at the rate of eight hours per month. Part-time employees shall accrue one hour of sick leave for every 40 hours worked.

Employees who separate from the town prior to completing six months of employment shall reimburse the town for any used but unearned sick leave.

Temporary, casual and on-call employees do not earn sick leave. Employees do not accrue sick leave benefits during a leave without pay.

(1) Reasons for Sick Leave. 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 immediate family members who are ill;

(c) Medical or dental appointments for the employee or dependent child. Employees should try their best to schedule such appointments at times that least interfere with the workday;

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

(e) Use of a prescription drug that impairs job performance or safety;

(f) Periods of temporary disability associated with pregnancy or childbirth;

(g) Additional leave beyond bereavement leave for a death in the immediate family, to be authorized by the mayor or his designee.

(2) Doctor’s Documentation. 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 that 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.

(3) When Sick Leave Is Exhausted. Employees who use all their accumulated sick leave and require more time off due to illness or injury may, with their department head’s prior approval, take leave without pay. (See also CMC 2.52.580.)

(4) Payment for Sick Leave upon Termination. All employees who receive sick leave will only be paid for any unused sick leave upon their retirement after more than 20 years of employment, but not upon any other termination from town service at the ratio of four days to one (one day pay for every four days accrued).

An employee terminated for gross misconduct or cause will not receive any accrued sick leave payout. Employees who fail to return town property upon their last day of work may have the value of such property deducted from their final paychecks pursuant to WAC 296-126-025.

(5) Maximum Allowable Accumulated Sick Leave. No full-time employee may accumulate or carry over more than 560 hours (70 eight-hour work days) of sick leave. Sick leave earned over the 560-hour threshold will be placed in the shared leave bank.

No part-time employee may carry over more than 40 hours of sick leave. Any sick leave over the maximum 40-hour threshold not used prior to the end of each year shall be placed in the shared leave bank. [Ord. 797, 2019]

2.52.550 Family leave.

(1) Washington Family Medical Leave. Premiums will be assessed beginning January 1, 2019, and benefits will be available beginning January 1, 2020. The town and all employees will comply with the statutory and regulatory standards associated with this leave once developed by the regulating authorities.

(2) Family Medical Leave. The town of complies with the federal Family Medical Leave Act (Federal FMLA) and all applicable Washington State laws; this section is intended as a summary of these statutes. The federal FMLA supersedes the Washington Family Leave Act (FLA) where the provisions overlap. The FLA runs concurrently with FMLA except during pregnancy disability leave, which is discussed below. FMLA provides up to 12 weeks of unpaid (or paid with earned accruals) job-protected leave every 12 months to eligible employees for certain medical and family reasons. Under FMLA, if employees exhaust their paid accruals during their leave of absence, the town will continue to pay employees’ health insurance premiums for this time period. To be eligible, employees must have worked for the town for at least one year and must have worked 1,250 hours over the previous 12 months.

(3) Reasons for taking FMLA to cover absences from work include:

(a) The birth and care of the newborn child of an employee;

(b) Placement of a child for adoption or foster care with an employee;

(c) To care for an immediate family member (spouse, state registered domestic partner, child or parent) with a serious health condition; or

(d) To take medical leave when the employee is unable to work because of their own serious health condition.

A serious health condition involves a period of incapacity requiring absence of more than three full, consecutive calendar days that also requires continuing treatment by a licensed health care provider. To be considered an excused absence, each request for a leave requires a doctor’s certification.

Exposure to a contagious disease where the employee’s on-the-job presence would jeopardize the health of others or use of a prescription drug which impairs job performance or safety may be reasons for taking federal FMLA. Unless serious complications arise, the flu, earaches, upset stomach, minor ulcers, headaches other than migraines, routine dental problems, and periodontal disease are examples of conditions that are not considered serious health conditions that qualify for federal FMLA leave.

Federal FMLA is taken in a rolling 12-month period measured from the first date the employee uses any federal FMLA leave. Going forward, each time the employee uses federal FMLA leave, the remaining leave entitlement would be the balance of the 12 work weeks that have not been used. If a medical need arises for an additional 12-month period, it would begin the first time the employee takes federal FMLA leave after the completion of the prior 12-month period. Federal FMLA may be taken intermittently if medically necessary due to a serious health condition.

The town requires employees to use accrued paid sick leave during FMLA leave in circumstances where Washington State law and town policies allow the use of sick leave. If the employee has any sick leave available for the kind of FMLA leave being taken, the employee must use that paid sick time effective the first day of FMLA leave. If sick leave is used for a purpose for which FMLA leave would be available, it is the town’s policy to count that leave against the employee’s FMLA leave allowance. Employees may use vacation time during FMLA leave at the employee’s own discretion.

(4) Notification. When the need to use federal FMLA leave is foreseeable more than 30 calendar days before the need arises, employees seeking to use federal FMLA leave must provide 30 days’ advance notice of the need to their supervisor. If leave is foreseeable less than 30 days in advance, employees must provide notice as soon as practical to their supervisor – generally the same or next business day. When employees ask their supervisor to take federal FMLA leave, the supervisor must notify the employee of the eligibility, rights and responsibilities under federal FMLA or direct the employee to the clerk-treasurer for this information. Employees must provide sufficient information for the town to reasonably determine whether federal FMLA applies to the leave request. When the town has enough information to determine that leave is being taken for a federal FMLA qualifying reason, the employer must notify the employee that the leave is designated and will be counted as federal FMLA leave.

(5) Certification. When an employee requests federal FMLA, the clerk-treasurer will provide a form (Certification WH-381) to take to the health care provider. The employee must have the form completed by the health care provider and returned to the town within 15 calendar days. The clerk-treasurer will then provide the employee with a second form (Designation WH-382) notifying the employee about leave approval. If sufficient information is not provided in a timely manner, the employee’s leave may be denied.

(6) Returning from Federal FMLA Leave. If you do not return to employment with the town after federal FMLA leave, you may be required to repay benefits paid by your employer during federal FMLA leave.

Upon return from federal FMLA leave for your own serious health condition, medical certification of fitness to return to duty is typically required. You will be restored to your original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment in accordance with federal FMLA guidelines.

For additional information regarding federal FMLA and town compliance, see 29 CFR Part 825.

(7) Washington Family Care Leave Act. The Washington Family Care Act (WFCA), RCW 49.12.265, allows employees with available leave or other paid time off to care for sick family members in addition to children under age 18 under the following circumstances:

(a) To care for a child with a health condition that requires treatment or supervision;

(b) To care for a spouse, parent, parent-in-law, or grandparent who has a serious health condition or an emergency health condition;

(c) A condition warranting treatment or preventive health care such as physical, dental, optical, or immunization services, when a parent must be present to authorize the treatment and when sick leave may otherwise be used for the employee’s preventative health care; and

(d) To care for children 18 years and older with disabilities that make them incapable of self-care.

Grandparents-in-law, grandchildren, and siblings are not covered by the WFCA. An employee who does not have any paid leave available cannot take leave under the WFCA.

(8) Maternity Leave under Washington Family Leave Law. The town will provide maternity disability leave in addition to an eligible employee’s right to take 12 weeks of leave under FMLA for all female employees for the period of actual disability associated with pregnancy and childbirth. In the case of a pregnancy or childbirth related disability, the Washington Family Leave Act allows an employee to request maternity leave for the full period of disability without reducing any leave entitlement under FMLA. This leave is for pregnancy-related disability certified by the physician that the employee is medically unable to perform the normal duties assigned to her position; said leave is an addition to FMLA and will not exceed six months. Pregnancy disability leave runs consecutively with FMLA (it begins when FMLA ends); thus a pregnant employee with no complications in the pregnancy or childbirth is entitled to 18 to 20 weeks of leave (12 weeks under FMLA and six to eight weeks of physical disability leave). [Ord. 797, 2019]

2.52.560 Domestic violence leave.

In accordance with the Washington domestic violence leave law, Chapter 49.76 RCW, the town will provide reasonable leave from work, including leave on an intermittent or reduced-schedule basis, for an employee to:

(1) Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee’s family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking;

(2) Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a victim who is the employee’s family member;

(3) Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;

(4) Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking; or

(5) Participate in safety planning, temporarily or permanently relocated, or take other actions to increase the safety of the employee or employee’s family members from future domestic violence, sexual assault, or stalking.

The employee may elect to use accruals, which includes using paid sick time available under RCW 49.46.210, or may take unpaid leave. Domestic violence leave, including documentation of such leave, will be applied and administered in accordance with the provisions of the state domestic violence leave law. Nothing in this section will be construed to provide greater or lesser leave rights to employees who are victims of domestic violence, sexual assault, or stalking than those required by Chapter 49.76 RCW. Employees requesting domestic violence leave will be required to notify the clerk-treasurer for the required forms. [Ord. 797, 2019]

2.52.570 Bereavement leave.

Any regular employee who suffers a death in the immediate family shall receive up to three days of leave with pay. The three days off must be consecutive calendar days and include the day of the funeral of the deceased. Scheduling of bereavement leave will be by mutual agreement between the employee, department head, and the mayor. If additional time is needed, the mayor or his designee may authorize use of accrued sick leave or the employee may use vacation leave or comp time. [Ord. 797, 2019]

2.52.580 Shared leave program.

The town council may authorize employees to donate their accrued vacation and/or sick leave to another town employee who is suffering from or who has an immediate family member suffering from an extraordinary or severe illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. The following conditions apply:

(1) To be eligible to donate vacation or sick leave, the employee who donates leave must have at least 10 days of accrued vacation or sick leave, depending on which leave they are donating. In no event shall a leave transfer result in the donor employee reducing their vacation or sick leave balances to less than 10 days. Transfer of leave will be in increments of one day of leave. All donations of leave are strictly voluntary.

(2) The employee receiving donated leave shall have exhausted all their accumulated vacation, comp time and sick leave.

(3) While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave.

(4) An employee committee shall be created to make a recommendation to the town council regarding whether an employee qualifies for shared leave and the amount of leave to be donated. [Ord. 797, 2019]

2.52.590 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. It is expected that employees will report to work if there is a break during jury duty where one is not required to report to the courts. The employee will continue to receive their regular wages. [Ord. 797, 2019]

2.52.600 Emergency responder leave.

Employees who also serve as volunteer emergency responders, such as firefighters or emergency medical technicians, may be granted time off with pay to respond to an emergency call occurring during regular work hours. If an employee receives a call during a critical work period, the town may ask the employee to request another volunteer to respond to the call. It is expected that employees will report back to work if there is a sufficient number of responders on the call and said employee’s services are not required. It is expected that employees will use their best judgment when choosing to respond to a call, so as to not leave the town understaffed during regular town department operating hours. Employees will continue to receive their regular wages while responding to an emergency call during their regular work day hours. [Ord. 797, 2019]

2.52.610 Military leave – Leave for active duty military service.

The town provides all employees leave while performing military service in accordance with federal and state law. Military service includes active military duty and reserve or National Guard training. Regular full-time and part-time employees are guaranteed paid military leave of up to 21 days per year for military service. Employees are required to provide the clerk-treasurer with copies of their military orders as soon as possible after they are received. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law (RCW 38.40.060).

The Uniformed Services Employment and Reemployment Rights Act (38 USC Sections 4301 through 4335) protects civilian job rights and benefits for veterans and members of reserve components. USERRA establishes the length of time an employee may be absent from work for military duty and retain reemployment rights to five years. It ensures that returning service members are reemployed in the job they would have attained had they not been absent for military service, with the same seniority, status, and pay.

(1) Military Leave under Federal FMLA. Under the FMLA, the town will provide up to 26 weeks of unpaid leave to employees who provide care to wounded U.S. military personnel. Additionally, the town will provide 12 weeks of FMLA leave to the immediate family members (spouses, children, parent) of reservists and members of the National Guard for “qualifying exigencies” (such as short-notice deployment, military events and related activities, childcare activities).

(2) Military Family Deployment Leave. The Washington State military family leave law allows an employee whose spouse is an active member of the U.S. Armed Forces, National Guard or reserves, to take a total of 15 days unpaid leave when notified of impending deployment or whose spouse has been deployed or is on leave from deployment (see Chapter 49.77 RCW). [Ord. 797, 2019]

2.52.620 Holidays.

The following are recognized as paid holidays for all regular employees:

New Year’s Day

January 1st

Martin Luther King Jr.’s Birthday

3rd Monday in January

Presidents’ Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4th

Labor Day

1st Monday in September

Veterans’ Day

November 11th

Thanksgiving Day

4th Thursday in November

Day after Thanksgiving

Day after Thanksgiving

Christmas Day

December 25th

Day after Christmas

December 26th

Floating Holiday

Employee’s choice

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

(1) Part-Time and Temporary Employees. Temporary and other nonregular employees usually do not receive paid holidays.

(2) Floating Holiday. Each regular full-time employee is entitled to one floating holiday per calendar year. Temporary and part-time employees are not eligible for this holiday.

(a) To be eligible for the floating holiday, an employee must be employed for six months.

(b) The employee and his/her department head shall schedule the floating holiday.

(c) The holiday must be used by the end of the calendar year and cannot be carried over into the next year. Unused floating holidays are not compensated upon termination.

(3) Religious Holidays. If an employee’s religious beliefs require observance of a holiday not included in the holiday schedule, the employee may, with his/her department head’s approval, take the day off using vacation, compensatory time, leave without pay or switch for a holiday that is included in the holiday schedule not observed by that particular employee.

(4) Holidays Worked. Nonexempt employees who work on a holiday in addition to receiving regular pay for the holiday shall also be paid for all hours actually worked on the holiday at one and one-half times the straight-time rate; provided, that the total hourly rate shall not exceed two and one-half times the straight-time rate. Such time should be preauthorized by the department head or necessitated by emergency conditions, illness, or employee vacations. [Ord. 797, 2019]

2.52.630 Continuation of benefits during leave.

Employees on paid leave shall continue to receive all benefits they were entitled to prior to the start of their leave, including the accrual of vacation, sick leave, holidays, retirement, and all insurance benefits. Unless noted otherwise in these policies, an employee’s benefits, including insurance, are suspended during the period of unpaid leave, including leave accruals. In certain circumstances, self-payment of insurance premiums may apply. (See CMC 2.52.520.)

If an employee is on unpaid status for more than 30 days, his or her anniversary date and time in service will be changed to reflect the period of absence. [Ord. 797, 2019]

2.52.640 Benefits upon hire and separation.

Upon hire or return from an unpaid leave, an employee’s benefits – leave accruals and insurance coverage – will commence on the first of the month following the date of hire or return from leave, except for vacation accrual, which begins on the first day of regular full-time hire, as provided for in CMC 2.52.530.

Upon separation from town employment, the employee will continue to receive medical, dental, and vision benefits through the last day of the following month of separation, provided he or she has worked the first 10 days of the month when separation occurred. If the employee has not worked at least 10 days within the month of separation then medical, dental, and vision benefits shall terminate on the last day of the month of separation.

The employee must be on paid status on the day before and after a holiday to qualify for a paid holiday. [Ord. 797, 2019]

2.52.650 Benefits for part-time and temporary employees.

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

(1) Regular part-time and temporary employees are eligible for overtime pay as required by law. Temporary employees normally are not eligible to receive benefits, including leaves, holidays and insurance. The town council, however, may negotiate benefit packages with individuals in its discretion.

(2) Regular part-time and temporary employees pay contributions to the Social Security system, as does the town on their behalf. Temporary employees will normally not be placed on the state PERS retirement system, although there are a few exceptions depending on PERS eligibility criteria. [Ord. 797, 2019]

2.52.660 Other benefits/leaves.

Not all details concerning state or federal leave are covered in this policy. If an employee needs to take family leave, please discuss this policy with the appropriate department head and with the clerk-treasurer to complete the required forms. [Ord. 797, 2019]

Article VIII. Performance Reviews and Training

2.52.670 Performance reviews.

To ensure that all employees perform their jobs to the best of their ability, it is important that each employee and department head communicate openly and frequently about their job and any problems they may be having. To accomplish this, employees and their department head will jointly evaluate the employee’s performance through the town’s performance review process.

(1) Trial Period. During the trial period, the department head and employee will meet to discuss how things are going. If there are performance problems, the department head shall prepare a written evaluation, including a plan for improvement. All employees who have successfully completed their trial period will receive a written evaluation at the end of six months.

(2) Annual Reviews. Employees receive performance reviews every year, at a time that is announced by the mayor and/or town council. While written evaluations are an annual event, department heads and employees are expected, throughout the year, to discuss any problems and progress on goals that are set.

The primary purpose of the performance review is to make sure that employees know how they are doing in terms of carrying out their job duties and requirements. Secondarily, the evaluations may be used as a factor in pay increase decisions, performance improvement counseling efforts, career growth, and determination of training needs. A copy of all reviews will be retained in the employee file. [Ord. 797, 2019]

2.52.680 Training policy.

The town seeks, within the limits of available resources, to develop staff by offering training opportunities that will increase employee job knowledge and skills. Opportunities may include, but are not limited to: on-the-job training, in-house workshops, seminars sponsored by other agencies or organizations, and programmed learning courses.

As part of the performance review process, the employee and his/her department head may set employee development goals that identify training priorities for the next review period. All training should be job-related and within budget allocations. [Ord. 797, 2019]

Article IX. Employee Responsibilities and Conduct

2.52.690 Timesheets.

Employees will provide a completed timesheet, written or electronic, to their supervisor on a monthly basis. Employees are responsible for recording their hours worked and any time taken off (paid or unpaid), with their written or electronic signature as verification that the time reported is recorded accurately and in accordance with town policy. The supervisor is responsible for verifying timesheets of their direct reports prior to submittal to payroll. Because maintaining an accurate timesheet is required by law, falsification of timesheets will be grounds for disciplinary action, up to and including termination. [Ord. 797, 2019]

2.52.700 Outside employment and conflicts of interest.

(1) Employees may engage in another job outside their town employment as long as it does not conflict with the best interests of the town or interfere with the employee’s ability to perform his/her town job. Specifically, outside activities may not:

(a) Interfere with town job responsibilities;

(b) Be conducted during the employee’s work hours;

(c) Utilize town telephones, computers, supplies, or any other resources, facilities or equipment;

(d) Be employment with a firm which has contracts with or does business with the town;

(e) Involve service in a decisionmaking or recommending capacity with a public, private, or nonprofit agency that solicits funds from the town and where the employee has a role in the town to influence such actions; or

(f) Reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service.

If an employee is unsure as to how these criteria apply to outside employment, he/she should contact his/her department head prior to beginning a second job.

(2) Conflicts of Interest. No employee of the town of Concrete shall use his/her position for personal gain and shall avoid conflicts of interest or the appearance of conflicts of interest. Employees who become aware of an actual or apparent conflict of interest regarding any matter in which they have decisionmaking authority must disclose the conflict to their immediate supervisor. If their supervisor agrees a conflict exists after consultation with the town attorney or the clerk-treasurer, employees must excuse themselves from decision making on the matter. The disclosure and steps taken to avoid the conflict will be documented in writing, dated and signed by the employee and supervisor.

(3) Employees are prohibited from receiving gifts, loans, or favors from suppliers, contractors, consultants, or anyone else who may gain from an employee’s decision that may induce or give the appearance of obligating them to compromise their job responsibilities. Examples of acceptable employee gifts of small value from vendors include gifts of food consumed by town offices, a business meal at a scheduled professional association or training event, or donations to an employee events (see also CMC 2.52.200, Gifts and gratuities). [Ord. 797, 2019]

2.52.710 Political activities.

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.

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.

An employee shall not hold an appointed or elected public office of the town when the holding of such office is incompatible with or substantially interferes with the official duties of the employee’s job.

Except as noted in this policy, town employees are otherwise free to fully exercise their constitutional First Amendment rights. (Reference: RCW 42.06.250.) [Ord. 797, 2019]

2.52.720 Reporting improper governmental action (Whistleblower Protection Act).

In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by town officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the town, with a process provided for speedy dispute resolution. [Ord. 797, 2019]

2.52.730 Key definitions.

“Emergency” means a circumstance that if not immediately changed may cause damage to persons or property.

“Improper governmental action” is any action by a town officer or employee that is:

(1) Undertaken in the performance of the official’s or employee’s official duties, whether or not the action is within the scope of the employee’s employment, and

(2) In violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.

(3) “Improper governmental action” does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person’s right to legally protected confidential communications.

“Retaliatory action” means any material adverse change in the terms and conditions of an employee’s employment. [Ord. 797, 2019]

2.52.740 Procedure for reporting improper government action.

Town of Concrete employees who become aware of improper governmental action should follow this procedure:

(1) Bring the matter to the attention of the mayor, if noninvolved, in writing, stating in detail the basis for the employee’s belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action.

(2) Where the employee believes the improper action involves the mayor or town council, the employee may raise the issue directly with the town attorney.

(3) The mayor, town council, town attorney, or their designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within 30 days of the employee’s report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential.

An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030.

In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action.

Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the town to determine whether an improper governmental action occurred, or that insufficient action was taken by the town to address the improper action or that for other reasons the improper action is likely to recur. [Ord. 797, 2019]

2.52.750 Protection against retaliation.

It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure. [Ord. 797, 2019]

2.52.760 Procedure for seeking relief against retaliation.

(1) Employees must provide a written complaint to the town council within 30 days of the occurrence of the alleged retaliatory action. If the town council is involved, the notice should go to the town attorney. The written charge shall specify the alleged retaliatory action and the relief requested.

(2) The town council or town attorney, as the case may be, shall investigate the complaint and respond in writing within 30 days of receipt of the written charge.

(3) After receiving the town’s response, the employee may request a hearing before a state administrative law judge (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either 15 days of receipt of the town’s response to the charge of retaliatory action or 45 days of receipt of the charge of retaliation to the town council or town attorney for response.

(4) Within five working days of receipt of a request for hearing the town shall apply to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge. At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than 45 days after the date of the request for hearing, unless an extension is granted. [Ord. 797, 2019]

2.52.770 Policy implementation.

The mayor and town council are responsible for implementing these policies and procedures. This includes posting the policy on the town bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and department heads are responsible for ensuring the procedures are fully implemented within their areas of responsibility.

Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. [Ord. 797, 2019]

2.52.780 No smoking or vaping policy.

The town prohibits smoking or vaping by employees in all town facilities; town-owned buildings and individual employee offices, and offices or other facilities rented or leased by the town as well as town owned vehicles. Smoking or vaping is allowed during break or meal periods in outdoor areas surrounding the buildings but at least 25 feet from any entrances, exits, and windows of town buildings, absent any other ordinances, rules and/or regulations prohibiting smoking and vaping. [Ord. 797, 2019]

2.52.790 Use of town telephones.

Use of town phones for local personal phone calls should be kept to a minimum; long-distance personal use is prohibited. [Ord. 797, 2019]

2.52.800 Use of town-owned cellular telephones.

The town may require an employee to use a cellular telephone in the performance of his/her job or in emergency situations. In either case, the town shall pay the expenses related to the purchase, lease or rental or a cellular telephone. Each employee is responsible for taking reasonable precautions to prevent equipment theft and vandalism, including securing the equipment in a proper manner at all times.

The town provides cellular telephones to certain employees to improve both the services provided to the community and the communications with other town employees for town business. Therefore, town-owned cellular telephones should only be used for town purposes and/or in the event of an emergency. If personal calls are made on the town-owned cellular telephone that result in plan overages or extra costs, the employee must reimburse the town immediately following receipt of an invoice and prior to the time payment due to the cellular telephone service provider. Payment shall be made to the town clerk-treasurer or deputy clerk.

Employees are cautioned to remember that cellular telephones are not a secure method of transmitting information. Use of cellular telephones including voice mail, texts, and/or e-mails relating to town business creates a public record subject to disclosure under the Washington State Public Records Act. Therefore, employees are expected to use discretion in relaying confidential information.

The town reserves the right to monitor the use of all town-owned telephones. If it is determined that there is an abuse of town-owned cellular telephones, then appropriate disciplinary actions will be taken. [Ord. 797, 2019]

2.52.810 Town vehicle take-home policy.

Town vehicles shall not be used for transportation to an employee’s place of residence unless the vehicle is an official town carpool vehicle as per the state mandated commuter trip reduction program or the employee is required by the town to commute in the town vehicle because:

(1) The employee is in a position where he/she must regularly respond to emergencies.

(2) The employee is placed on call and is the person who would respond to an emergency situation.

(3) Special situations related to job duties require the employee to take the vehicle home; e.g., emergency call out related to sewer or water, fire calls (fire chief).

(4) Employees who live outside of the town limits shall be allowed to take home vehicles in accordance with the above-mentioned section, not to exceed 25 miles round-trip from work to their personal residences.

(5) Employees who take home vehicles will be required to submit quarterly logs of miles driven to the clerk-treasurer. The clerk-treasurer will verify the information and sign off on each log.

Using an assigned town vehicle for an unreasonable commute may be considered personal use by the town’s insurance carrier. As such, operators may be liable for personal liability exposure and, therefore, required to purchase additional personal automobile insurance. [Ord. 797, 2019]

2.52.820 Employee personal vehicle use on town business.

The following rules apply when an employee uses his/her personal vehicle for town business:

(1) The employee must have a valid Washington State driver’s license. Employees driving town vehicles must authorize evaluation of their Washington State motor vehicle driving record and license status upon the town’s request.

(2) The use of a private vehicle to conduct official town business will be reimbursed at a rate consistent with the established IRS reimbursement mileage rate where such use has been preapproved by the town. Employees requesting such mileage reimbursement may submit mileage forms in forms approved by the town. Commute miles (round-trip distance between employee’s residence and regular place of work) are not reimbursable.

(3) Employees who operate personal vehicles for town business must have and maintain auto liability insurance coverage in accordance with state law.

(4) Employees driving in the course of their employment are required to comply with all traffic laws and to drive in a safe and courteous manner that reflects positively on the town.

(5) If an employee’s license becomes expired, suspended, revoked or restricted, the employee is required to notify his/her supervisor immediately. In this event, the employee will not be allowed to drive on town business until he/she obtains a valid driver’s license or shows compliance with all restrictions. Employees involved in traffic accidents or cited for an infraction or criminal violation while using a private vehicle whether on town business or private business must report it to their supervisor no later than the next business day after such incident.

If an employee utilizes his/her personal vehicle on town business and damage or theft occurs to that vehicle, the employee must file an accident or police report to document the loss. The town may, at its discretion, reimburse up to $500.00 of the employee’s property damage deductible. [Ord. 797, 2019]

2.52.830 Computer usage.

Town employees may be required to use computers in their job.

(1) Software. In order to protect the town’s computer system from viruses and ensure that the software used is compatible with the town’s computer, only software purchased or approved by the town or the town’s information technical specialist may be installed on the town’s computers. Before installing any software not purchased by the town, employees must check with the clerk-treasurer. Games and other nonbusiness related software may not be installed on town computers or used on town time. Software purchased by the town is for legitimate town business use only. It may not be copied or taken home.

(2) Copyright Compliance. Software is protected from unauthorized duplication by law. The town respects the legal rights of software developers and expects employees to do the same. No employee may duplicate software, or otherwise use software other than in accordance with the terms of its license. Software that has been duplicated without authorization may not be installed on town computers. Copyrighted material should not be sent via town e-mail on the internet.

(3) Electronic Media. Electronic mail, as well as voice mail, may be used only for town business. All electronic media communications should be professional and businesslike in tone. Employees should not use electronic media for jokes, gambling, games, derogatory or discriminatory remarks, or commercial messages. Sending and receiving personal e-mail messages should be limited to before and after work or during lunch or breaks. Town management has access to all e-mail; employees should not consider e-mail or voice mail communications as private. Confidential or sensitive communications via e-mail are not advised. As a matter of courtesy to other system users, please try to keep e-mail messages brief, limit general broadcasts, and delete unneeded messages in accordance with the Open Public Records Act.

(4) Internet Access. The internet is an important source of information, but it is also vulnerable to abuse. Internet access should be limited to legitimate town business purposes. Limited personal use may occur during breaks and lunch, and before and after normal work hours. Signing up for personal listserves, bulletin boards or chat groups is not allowed. The town’s internet access may never be used for accessing pornographic or other inappropriate web sites.

(5) Security. Employees are responsible for the internet access and the messages sent from their account. Employees should log off before leaving a computer unattended. The use of aliases while using e-mail or accessing the internet is prohibited. It is also inappropriate to misrepresent an employee’s job title, job description, or position. To prevent unauthorized use of a computer, employees should not give out their password to anyone except the clerk-treasurer. [Ord. 797, 2019]

2.52.840 Social media policy.

(1) The town understands that social media can be a fun and rewarding way to participate in interactive discussions and share information. However, the use of social media also presents certain risks to the town, including unauthorized disclosure of confidential information, exposure to discrimination and harassment claims, and activity detrimental to the town’s mission and functions. To assist in making responsible decisions about the use of social media, the town has established these guidelines. This policy applies to all town of Concrete employees, including the mayor and council.

(2) Social media technologies that enable online users to intersect and share information publicly or privately with one another. Social media includes a variety of internet-based communication tools, such as, but not limited to, Twitter, Facebook, Instagram, Flickr, blogs and wikis.

(3) Employees are required to comply with all town policies and rules that might apply to the use of social media both on and off duty. In particular, the following policies should be kept in mind:

(a) Code of ethics, Chapter 2.56 CMC.

(b) Antiharassment policy, CMC 2.52.100.

(c) Sexual harassment prohibited, CMC 2.52.110.

(d) Conflicts of interest in employment, CMC 2.52.700.

(e) General rules of conduct, CMC 2.52.070 to 2.52.210.

(f) Administrative, CMC 2.52.050.

(4) Social media use, whether on- or off-duty, that adversely affects an employee’s job performance, the performance of other town employees, or that otherwise adversely affects the town’s mission and functions may result in disciplinary action, up to and including termination. Note that employees have First Amendment freedoms of speech and association, and no discipline will be sustained that violates such rights.

(5) The following additional rules also apply to employees’ use of social media, on- and off-duty:

(a) Social media content that relates to town business may be a public record subject to retention and disclosure under state law. For that reason, except for when assigned as part of their official duties, employees are prohibited from using social media to conduct town business.

(b) Employees are required to protect and maintain the confidentiality for all private and confidential town information.

(c) Employees may not create a link from their blog, website or other social networking site to a town of Concrete website if such a link causes the viewer to reasonably believe that the town endorses the contents of the employee’s social media site.

(d) Employees may not use their town e-mail address or the town’s official logo for personal online communications or activities. Although employees may identify themselves as employees of the town, employees shall not identify themselves in a manner that suggests or implies they are speaking as a representative for the town, even when the communication occurs in a private setting. If any confusion is reasonably likely, the employee shall expressly state with a disclaimer that he/she is speaking in a personal individual capacity and not for or on behalf of the town.

(6) Social Media Use at Work. The town tolerates personal use of its computer resources during employees’ authorized rest breaks or lunch periods. On such breaks, employees can access the internet for personal e-mail accounts, personal social media sites and other publicly available websites. The town does not otherwise tolerate use of its computer resources to access the internet for personal reasons. In addition, use of town computer resources is subject to the following rules:

(a) Social media should not be used to unlawfully harass, discriminate against, or retaliate against another employee. Social media should not be used to communicate threats in violation of the town’s antiharassment policy.

(b) Employees shall not post, upload, or create any social media content that is known to be false, misleading, or fraudulent, or that involves pornographic, sexually explicit, or obscene materials.

(c) Employees shall not infringe on the trademark, copyright, or patent rights of others, or violate software licensing agreements.

(d) Employees shall not engage in social media for political purposes, including partisan campaigning.

(7) The town prefers that employees use their personal cell phones or tablets to access the internet while on breaks. To the extent that employees access the internet using the town’s computer resources, the employee should be aware that all contents of the town’s computer resources and communications systems are town property and employees should have no expectation of privacy whatsoever in any message, file, data, document, facsimile, social media post, conversation or message, or any other kind of information or communications transmitted to, received or printed from, or stored or recorded on the town’s electronic information and communications system. Town e-mail and other electronic records are subject to public inspection and disclosure. [Ord. 797, 2019]

2.52.850 Seat belt policy.

Pursuant to Washington law, anyone operating or riding in town vehicles must wear seat belts at all times. [Ord. 797, 2019]

2.52.860 Driver’s license requirements.

As a condition of employment for certain town positions, an employee may be required to hold a valid Washington State driver’s license or a commercial driver’s license (CDL).

If an employee’s license is revoked, suspended or lost, or is in any other way not current, valid and in the employee’s possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid Washington driver’s license is provided to his/her department head.

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

For use of personal vehicles while on town business refer to CMC 2.52.820, Employee personal vehicle use on town business. [Ord. 797, 2019]

2.52.870 Workplace health and safety.

Every employee is responsible for maintaining a safe work environment and following the town’s safety policies. Each employee shall follow these procedures:

(1) If injured on the job, no matter how minor, employees must let their department head know as soon as possible.

(2) Department heads should report all injuries to the clerk-treasurer.

(3) Learn and follow all safety procedures promulgated by the town safety committee.

(4) Report any unsafe condition or damage to property to the department head.

(5) Become familiar with any material safety data sheets applicable to the job.

(6) Learn proper procedures for heavy lifting and adhere to them.

(7) Keep individual work area clean and orderly.

(8) Know and follow the safety rules.

(9) Do not allow unauthorized persons to operate equipment or have access to restricted areas.

(10) If required to wear protective clothing or equipment, use it without fail. Always dress in a way that will not invite job-related injuries.

(11) Store all materials and equipment in their proper areas. [Ord. 797, 2019]

2.52.880 Fragrance sensitivity.

Some customers and employees suffer from allergies or sensitivity to the chemicals in perfumes, makeup, deodorants, dryer sheets, air fresheners and cleaning products. Please use these substances with restraint, and consider seeking input from coworkers before deploying air fresheners and cleaning products. [Ord. 797, 2019]

2.52.890 Drug-free workplace.

In accordance with the Drug-Free Workplace Act of 1988, the town is committed to maintaining a drug- and alcohol-free work environment. The misuse of drugs or alcohol by employees is a threat to the public welfare and the safety of employees. Accordingly, employees are strictly prohibited from possessing, selling, consuming, or being under the influence of any illegal drug or alcohol while on town property, in town vehicles, or engaged in town work. If an employee is taking prescription drugs that may make him/her drowsy or impair his/her mental functioning, he/she must inform his/her department head so that he/she can make sure such drugs will not affect his/her ability to perform his/her job safely and effectively. Any violation of this policy will result in discipline, up to and including termination.

To comply with the requirements of the federal Drug-Free Workplace Act, the town adopts the following policies:

(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 a rehabilitation program is grounds for termination.

The town encourages employees with drug or alcohol problems to come forward and seek help. If an employee has a drug or alcohol problem, he/she should discuss it with management before it affects his/her performance or is discovered by management. The town will refer the employee to a treatment program and, if possible, hold the employee’s job for his/her return. Under those circumstances, the employee will not be disciplined unless he/she fails to successfully complete the rehabilitation program or tests positive for drugs within two years of completing a program.

The town of Concrete has a policy to maintain a work environment free of substance abuse. This policy applies to all current and prospective employees. Drug and alcohol testing is required for employees and candidates applying for safety-sensitive positions or whose job requires a commercial driver’s license (CDL). This testing may be waived for job candidates if records are made available from another employer who tested the candidate in the last six months. Positive test results will be defined as an alcohol concentration over 0.02 or a positive test result for marijuana, opiates, cocaine, amphetamines or phencyclidines. All employment offers are contingent upon successfully passing a drug and alcohol test. Job candidates who test positive will be terminated from consideration for employment immediately.

Where the town has reasonable suspicion to believe that an employee is under the influence of illegal drugs, controlled substances, narcotics, or alcoholic beverages, a person trained in detection of subjects under the influence will be called in to assess the situation. If the person trained in the detection of subjects under the influence recommends, the employee may be asked to take a test to determine the presence of illegal drugs, controlled substances, narcotics, or alcoholic beverages, unless law prohibits the test. Employees that agree to take the test must sign a consent form authorizing the test and the town of Concrete’s use of the test results for purposes of administering its discipline policy. It is a violation of this policy to refuse consent for these purposes or to test positive for alcohol or illegal drugs. Policy violations will result in discipline and may result in termination. Tests that are paid for by the town are the property of the town, and the examination records will be treated as confidential and held in separate medical files. However, records of specific examinations, if required by law or regulation, will be made available to the employee, persons designated and authorized by the employee, public agencies, relevant insurance companies, or the employee’s doctor. [Ord. 797, 2019]

2.52.900 Drug/alcohol testing for employees who hold a commercial driver’s license (CDL).

The town has a significant interest in the health and safety of its employees and the citizens of the town of Concrete. In furtherance of that interest, all employees whose job duties require them to maintain a commercial driver’s license (CDL) shall be subject to the town of Concrete’s drug and alcohol testing policy. The town shall carry out this policy in a manner that respects the dignity and confidentiality of those involved.

(1) Preemployment Testing. Any applicant considered for a position requiring a CDL shall undergo drug testing prior to employment. Receipt by the town of a negative test result is required prior to employment and failure to pass will disqualify an applicant.

(2) Reasonable Cause Testing. Any CDL employee is subject to a fitness-for-duty evaluation including a drug and/or alcohol test when there is a reason to suspect impairment immediately prior, during or immediately after performing job duties or while on town job sites or job premises. A referral for testing will be made on the basis of documented objective facts and circumstances.

(3) Post-Accident Testing. All CDL employees are required to be tested if they are involved in an accident with a town vehicle that results in: a fatality; an injury requiring immediate attention at a medical facility, with the employee receiving a criminal or traffic infraction/citation under state or local law; or a vehicle being towed from the scene and the employee receiving a criminal or traffic citation under state or local law. Following an accident under the above circumstances, employees will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Employees involved in accidents must refrain from alcohol use for eight hours following the accident or until a drug/alcohol test is administered. Employees who leave the scene of an accident without proper authorization prior to testing will be considered to have refused the test and will be subject to discipline up to and including termination.

(4) Random Testing. All CDL employees will be subject to random, unannounced drug and/or alcohol testing. CDL employees’ names will be selected by drawing. Every CDL employee has an equal chance of being chosen when the drawing is made regardless of whether they have been tested previously.

(5) Return to Duty Testing. All CDL employees who previously tested positive on a drug and/or alcohol test, and who under the disciplinary policy are allowed to return to work must test negative prior to being released by a substance abuse professional for duty. Such employees shall be required to undergo frequent random drug and/or alcohol testing at their own expense during the period of re-entry as part of their return to work agreement.

(6) Notification of Criminal or Driving Convictions. All CDL employees are required to notify the town of any convictions under a criminal drug statute or driving while under the influence of intoxicants statute within five days of conviction. Failure to report such a conviction, or to report any moving violation involving drugs or alcohol causing the loss a driver’s license by state or local law enforcement, will result in discipline up to and including termination.

(7) Split Sample Test. Any CDL employee who tests positive from drugs may request a test of the split sample within 72 hours of notification. The cost of the split sample test will be borne by the employee making the request.

(8) Legal Use of Prescription Drugs. The use of any legally prescribed drugs and nonprescription medication that carries a warning label indicating that mental functioning, motor skills or judgment will be adversely affected must be reported to supervisory personnel prior to operating equipment requiring a CDL. It is the CDL employee’s responsibility to remove him/her from service if he/she is experiencing any adverse effects from medication. [Ord. 797, 2019]

2.52.910 Complaint procedure/problem-solving process.

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 policies and procedures. For this reason, a number of steps are outlined below to address problems and complaints. A complaint is defined as an action by an employee alleging that he/she has not been treated justly concerning the administration of these personnel policies or other administrative policies of the town. This complaint procedure does not apply to claims of discrimination, sexual harassment, or reports of improper governmental action. Separate procedures apply to these types of complaints; see CMC 2.52.120, Discrimination complaint procedure, and CMC 2.52.740, Procedure for reporting improper government action.

No punitive action shall be carried out against the employee for using this procedure.

Complaint Procedure:

(1) Discuss problem or complaint with department head. He or she will give a reply within five working days, unless additional time is needed.

(2) If the employee remains dissatisfied with the response from the department head, they can submit the problem, in writing, to the mayor. The written complaint should include a description of the problem and the remedy sought. It should be filed within 20 working days of the occurrence leading to the complaint, or 20 working days after the employee first became aware of the circumstances.

The mayor may meet with the parties involved and will prepare a written response within 10 working days of the meeting. The mayor’s response and decision shall be final and binding.

As an alternative, the mayor may bring in a third party from outside the town to help resolve the problem. [Ord. 797, 2019]

Article X. Discipline and Termination

2.52.920 Guidelines for appropriate conduct.

In pursuing Concrete’s goal of excellence in town service, we expect excellence from each of our employees, while striving to make this an enjoyable and rewarding place to work. The following discipline system is not intended to be punitive in nature, but rather to help employees understand our expectations of them. Hopefully, the steps provided will correct inappropriate work behavior and improve job performance.

The following are examples of types of inappropriate work behavior that may result in discipline:

(1) Being on the job in possession of or under the influence of, alcohol, narcotics or other controlled substances.

(2) Violation of a lawful duty or falsification of records.

(3) Insubordination.

(4) Sexual harassment or other unlawful harassment of another employee or member of the public.

(5) Excessive or unexcused absence or tardiness for any reason.

(6) Unsatisfactory job performance.

(7) Fighting.

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

(9) Violation of duties or rules in these personnel policies, or any other town rule or administrative order.

This list contains examples only, and is not exhaustive. The town may discipline or terminate employees for other reasons not stated above. [Ord. 797, 2019]

2.52.930 Discipline procedure.

The town’s discipline procedure, as follows, is intended to give employees advance notice, whenever possible, of problems with their conduct or performance so that they have an opportunity to improve. Any or all of these steps may be utilized, depending upon individual circumstances and the nature of the offense. Exceptions from the normal procedure may occur whenever the town determines this to be appropriate. Immediate termination may occur in some cases where the offense is serious.

(1) Verbal Counseling. With the exception of offenses requiring more stringent action, the department head will discuss behavior and performance problems with the employee on an informal basis. This gives the employee the opportunity to make changes and avoid proceeding to the formal discipline steps below. Such discussions may be temporarily documented in the department head’s file, but not in the employee’s personnel file. Repeated counseling will result in a written warning.

(2) Written Warning. This is a formal written disciplinary action for misconduct, inadequate performance, or repeated lesser infractions. Written warnings are placed in the employee’s personnel file. The written warning shall include the nature of the infraction, what the employee needs to do to correct the conduct or improve performance, and make clear what further disciplinary action would follow if the incident happens again or improvement does not occur.

(3) Suspension. 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 that is made part of the employee’s permanent record.

Suspensions with pay, where the employee is placed on paid leave, 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.

(4) Discharge. An employee may be terminated from town employment for a serious offense or when the progressive steps above do not result in corrected behavior or improved work performance.

(a) Pre-Discharge Meeting. In the event the mayor desires to discharge an employee, the employee shall be provided with a written notice that includes an explanation of the reasons and the time of the meeting. The meeting will be presided over by the mayor or a designated representative. The employee may bring one person to the meeting as an observer who may not interfere with the orderly process of the meeting.

At the meeting, the employee shall be given an opportunity to respond, either orally or in writing, and to explain why the town should not go ahead with the discharge. Within three working days of the meeting, the mayor will issue a written decision determining whether the discharge will proceed, or some alternative disciplinary action. A longer review period may be required in more complex situations.

(b) Trial Employees. Employees in their trial period may be terminated with or without cause at any time without following the discipline steps above. [Ord. 797, 2019]

2.52.940 Termination.

An employee may be terminated from town employment for any of the reasons listed below.

(1) During or at the end of the employee’s trial period, with or without cause.

(2) As a result of disciplinary action.

(3) Unsatisfactory job performance.

(4) Due to loss of skills, certifications or other conditions which would make the employee unfit for service.

(5) 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.

(6) 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. The town may require an examination at its expense performed by a physician of its choice. Failure to submit to such request may result in termination.

(7) This list is not all inclusive. Other circumstances may exist. [Ord. 797, 2019]

2.52.950 Layoff.

The town council may lay off employees for lack of work, budgetary restrictions or other changes that have taken place. [Ord. 797, 2019]

2.52.960 Resignation.

Town management encourages employees to provide 30 days’ notice of resignation. The mayor may waive this time limit. [Ord. 797, 2019]

2.52.970 Voluntary demotion.

Voluntary demotion is not discipline. Voluntary demotion is a transfer at the employee’s request to a position with lesser responsibility that may result in less pay. Voluntary demotions may be temporary or permanent. A voluntary demotion is expected to be rare and used in very limited situations usually due to the employee’s circumstances outside of the workplace. A voluntary demotion should not be used in lieu of disciplinary actions. A voluntary demotion may be allowed when there is an existing or upcoming vacancy that the employee is qualified and competent to fill and it is in the best interest of the town as determined by the department head, town attorney, clerk-treasurer and the mayor. Actions taken regarding any voluntary demotions will be consistent and fairly applied throughout the town. [Ord. 797, 2019]