Chapter 2.62
PERSONNEL POLICIES

Sections:

Article I. Human Resource Policy Manual

2.62.005    Introduction.

2.62.010    General policy.

2.62.020    Equal employment opportunity.

2.62.030    Employment.

2.62.040    Core job requirements.

2.62.050    Classification and compensation.

2.62.060    Hours of work.

2.62.070    Health (welfare) insurance, retirement, Social Security/Medicare and worker’s compensation benefits.

2.62.080    Sick leave.

2.62.090    Vacation leave.

2.62.100    Holidays and other leaves of absence.

2.62.110    Family and medical leave.

2.62.120    Shared leave.

2.62.130    Holiday use and accrual.

2.62.140    Corrective action and discipline.

2.62.150    Grievance resolution.

2.62.160    Termination.

2.62.170    Substance abuse and physical or psychological examination.

2.62.180    Ethics, standards and personal activities.

2.62.190    Workplace violence prevention.

2.62.200    Anti-harassment.

2.62.210    No smoking.

2.62.220    Whistleblowing.

2.62.230    Vehicle use.

2.62.240    Electronic mail and Internet use.

2.62.250    Cellular telephone use.

2.62.260    Records, reports and notices.

2.62.270    Employee performance evaluation.

2.62.280    Employee recognition program.

2.62.290    Nepotism.

2.62.300    Reasonable accommodation for disabilities.

2.62.310    Workplace requirements/code of conduct.

2.62.320    Amendments to personnel policies.

Article II. Random Drug Testing

2.62.330    Program adoption.

2.62.340    Implementation.

2.62.350    Notification and protocol.

Article I. Human Resource Policy Manual

2.62.005 Introduction.

The purpose of this human resource policy manual is to create a productive and harmonious work environment by clearly defining what is expected of each member of the City team.

This manual has been prepared as a reference tool for all members of the City’s work force. Although it will have different applications to employees depending upon their employment status, the manual provides a “snapshot” of how things are done in the City and incorporates State and federal mandates as well. Because we recognize that change is the norm, we will review this manual regularly to amend these policies where necessary to reflect ongoing change in the City workplace.

It is recognized that no personnel policy can answer all questions that might arise in the normal course of municipal government. Employees of the City are expected to exercise sound judgment and discretion in the performance of their assigned duties.

The provisions of this manual do not supersede the provisions of any collective bargaining agreements or civil service rules and regulations, and when in conflict, the specific terms and conditions of the collective bargaining agreement or civil service rules and regulations will prevail.

These guidelines include, but are not limited to, classification specifications, salaries, working hours and conditions, performance-based step increases and promotions, all kinds of leave, disciplinary proceedings, appeal procedures, and other matters related to the efficient functioning of the City’s work force.

Important: This human resource policy manual does not create an employment contract, a promise of specific treatment in specific situations, or a guarantee of employment for any specific duration between the City of Sunnyside and its employees.

Although we hope that your employment relationship with us will be long-term, we recognize that at times things do not always work out, and that either of us, if you are an at-will employee, may decide to terminate the employment relationship at any time. An employee with questions about any policy or its interpretation may contact their immediate supervisor, department director, Human Resources, or the City Manager for an explanation. [Ord. 2012-13 § 1 (Exh. A), 2012.]

2.62.010 General policy.

A. Purpose. To establish a human resource policy manual for employees of the City of Sunnyside.

B. Policy Statement. The City tries to recruit and hire the most talented and qualified employees subject to budgetary constraints. To that end, the City recruits, as widely as practicable, for each position, and informs and encourages its employees to apply for City vacancies, and to develop continually their own skill base to enhance their competence and competitiveness.

C. Scope of Application. In the interest of the City of Sunnyside’s employees and citizens, the City adopts guidelines and procedures to promote full communication between the City, as the employer, and its employees. The City also sets reasonable methods to resolve disputes about wages, hours, and other terms and conditions of employment and to continuously improve personnel management and employer/employee relations.

1. The human resource policy manual applies to all offices, positions, and employees in City service except the following:

a. Elected officials;

b. Appointed members of boards, commissions, and committees; and

c. Contracted persons supplying expert, professional, or technical services.

2. The provisions of this human resource policy manual do not supersede the provisions of any collective bargaining agreements or civil service rules and regulations, and when in conflict, the specific terms and conditions in the collective bargaining agreement or civil service rules and regulations will prevail.

3. New Employee Orientations. All new part-time and full-time regular employees are given a new employee orientation by Human Resources as close as possible to their first day of work. This human resource policy manual is an important part of this orientation. Upon arrival within their respective department a departmental orientation will occur.

D. Diversity Policy. The City of Sunnyside is committed to developing a diverse work force which reflects the diversity and composition of the community we serve, and honors and respects the differences and abilities of all our employees and residents, and provides employees with the necessary opportunities, tools, and support to achieve their maximum potential.

Equal employment opportunity provides a level playing field for City job applicants and must be linked with a commitment to equitably manage a diverse work force. Diversity recognizes and respects the multitude of differences that employees bring to the workplace. Diversity complements organizational values that stress teamwork, leadership, empowerment, and quality service. Diversity means striving to maintain an environment in which managers value the differences in their employees and take steps to ensure that all employees know they are welcomed and included.

To achieve workplace equity and inclusion, the City observes the practices outlined below:

1. We strive to ensure that we do not discriminate in employment on the basis of race, color, religion, national origin, sex, age, disability, marital status, creed, sexual orientation, political ideology or any other protected status.

2. We strive to ensure that our recruiting efforts are designed to ensure that applicant pools are both capable and diverse.

3. We strive to make employment decisions based on job-related criteria and provide opportunities for entry and promotion to all City positions.

4. We strive to ensure a workplace free of all forms of harassment.

5. We strive to conduct prompt, thorough and impartial investigations of discrimination or harassment complaints and will take appropriate measures to provide remedy or relief to individuals who have been victims of illegal discrimination or harassment.

6. We strive to adopt measures to ensure accountability for managing diversity that will be incorporated into the performance management system for supervisors and managers. The City Manager and Human Resources will evaluate the effectiveness of our diversity policies and programs and shall make recommendations for changes and improvements as necessary.

7. We strive to create a workplace where everyone can work toward their maximum potential; the City will retain quality, productive employees who will provide excellent services to our residents.

E. Compliance with the Human Resource Policy Manual. In accepting employment with the City of Sunnyside, each employee is expected to follow this human resource policy manual, administrative policies and procedures established by the City Council and/or City Manager, their collective bargaining agreements or applicable civil service rules and regulations, and the guidelines and directives of the department in which they are employed.

F. Authority of the City Manager. The City Manager, as appointing authority, has general control and supervision over the affairs of the City. The City Manager has the authority to establish such other procedures and guidelines necessary for the control and supervision of the affairs of the City.

The City Manager has sole authority to remove “at-will” employees, and may remove union employees for cause as provided by the collective bargaining agreement or civil service rules and regulations. The City Manager may delegate to the department directors the authority to appoint persons to budgeted positions within their departments.

G. Administrative Guidelines. The City Manager is authorized to issue additional administrative policies as may be necessary to carry into effect this human resource policy, except as otherwise provided by Revised Code of Washington or other legal authority. The City Manager is authorized to approve supplementary departmental personnel guidelines not in conflict with these guidelines.

H. Department Procedures and/or Guidelines. Department directors, upon approval of the City Manager, may create procedures and/or guidelines more specific to their respective department operations consistent with collective bargaining agreements. Departmental policies, procedures, guidelines and/or directives will not conflict with or supersede any provisions of this human resource policy. In the event of any conflict, the City’s human resource policies will prevail.

Department policies, procedures and/or guidelines will be made available to employees and employees will be put on notice of their existence and content. These documents will also be available from the Human Resource Office. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1001), 2012.]

2.62.020 Equal employment opportunity.

A. Purpose. To establish an equal employment opportunity policy for the City of Sunnyside.

B. The City of Sunnyside shall conduct all activities related to human resource functions in a manner that will assure equal employment opportunity for all persons regardless of race, color, age, religion, national origin, sex, marital or family status, sexual orientation, gender identity, military or veteran status, presence of any disabling condition, or other status protected by law.

C. Human resource functions shall include, but are not limited to, recruitment, testing, appointment, promotion, demotion, transfer, layoff, discipline, termination, compensation, benefits, training risk management, and maintaining compliance with all State and federal regulations and general treatment of employees.

D. This policy shall not be interpreted to mean the lowering of standards for employment, promotion, or retention within City of Sunnyside service. The City of Sunnyside shall seek to hire, promote, and retain the best qualified individuals available within the labor market.

E. Job opportunity information regarding career, project, and temporary employment with the City of Sunnyside shall be made freely available. Alternative formats of job announcements may be available upon request. The City of Sunnyside may elect to place targeted recruitment notices in newspapers and other publications focused at minority and other protected classes in addition to its traditional recruitment efforts.

F. In all advertisements for employment or advancement within the City of Sunnyside, the announcement shall contain notice that the City of Sunnyside is an equal opportunity employer.

G. This policy is designed to be read in conjunction with other policies. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1002), 2012.]

2.62.030 Employment.

A. Purpose. To establish a human resource policy to define types and classes of employment.

B. Policy Statement. The City tries to recruit and hire the most talented and qualified employees. To that end, the City recruits, as widely as practicable, for each position, and informs and encourages its employees to apply for City vacancies, and to develop continually their own skill base to enhance their competence and competitiveness.

C. Citizenship. All natural or legal citizens of the United States and those who meet eligibility requirements under the immigration laws are provided an equal employment opportunity with the City of Sunnyside.

D. Application. All internal and external candidates for employment must file an approved employment application form. The form and its contents are established by the Human Resource Department. Additional information such as a resume, cover letter, supplemental questionnaire, transcripts, copies of applicable licenses/certifications, and/or proof of good driving record may be requested of applicants.

1. Discovery of falsified information on application materials used to hire an employee at any time during their employment with the City of Sunnyside may be grounds for disciplinary action including, but not limited to, written warning, suspension without pay and/or termination.

E. Method for Filling Vacancies. Position vacancy notices will be posted on the City website and on the bulletin boards in all City buildings that are available for public inspection.

F. All selection processes conducted by departments must submit their selection plans for pre-review and approval by Human Resources prior to conducting any selection process. If a department fails to fully meet the requirements of this provision the City Manager, at his/her sole discretion, may cancel the selection process and institute a new selection process.

G. Selection Process. The selection process may consist of recognized testing techniques such as achievement tests, aptitude tests, and performance through personal interviews, examination of work samples, physical ability tests, written tests, and investigations of personal background and references. The selection process is guided by the City’s diversity policy.

Selection techniques are fair and impartial and relate to those areas that, in the opinion of those involved in the selection process, fairly show the candidate’s qualifications and abilities to execute the duties and responsibilities of the position to which the candidate seeks appointment.

Upon completion of an impartial selection process, based on the results of testing and other relative considerations, the City Manager makes an appointment from the final candidates. An appointment is usually made upon the recommendation of the department director in which the new appointee is assigned. An appointment becomes effective only after all necessary documents have been signed and job prerequisites such as background check, drug/alcohol testing, references, etc., are completed.

Pre-Employment Testing. Prior to appointment, the City shall require a conditionally selected candidate for appointment to safety sensitive positions for City service to undergo and pass a pre-employment drug screening examination at City expense. The City may also require a candidate to pass a physical examination and/or psychological examination and/or driver’s license check after a conditional offer of employment has been made and prior to the candidate’s appointment. Negative information obtained from a background investigation may be cause for rejection of an applicant.

H. The following definitions are used in the interpretation and application of the human resource policies of the City of Sunnyside:

1. “City Council” means the elected policy-making authority of the City of Sunnyside.

2. “City Manager” means the chief executive officer of the City of Sunnyside appointed by the City Council.

3. “Department director” means the person appointed by the City Manager as the administrative chief for a staff or line department.

4. “Employee” means a person appointed to a career, project or seasonal/temporary position in the City of Sunnyside. An independent contractor or volunteer shall not be considered an employee of the City of Sunnyside nor shall the independent contractor or volunteer be eligible for any benefits due an employee including privileges, benefits and/or protections offered by the human resource policies of the City of Sunnyside.

5. “Volunteer” means a noncompensated person enrolled in the volunteer program of City of Sunnyside performing work under the direction of an employee or other volunteer of the City of Sunnyside.

6. “Regular full-time” or “regular part-time position” means a position created by the City Council with the anticipation that it will be necessary to maintain the position on a continuous, year-round basis provided funds are budgeted. In general, the normal workweek for a regular full-time position is a minimum of 40 hours per week and 20 hours per week for a regular part-time position.

7. “Project position” means a position created by the City Manager for a limited duration of time and for a specific project, irregular workloads, or emergencies. Project positions are typically funded by grants or other noncontinuous funding sources. Project positions may not exceed two years without the approval of the City Council.

8. “Seasonal/temporary/part-time position” means a position that is designed to be of limited duration or limited working hours and is created by a department director and Human Resources to meet the workload demands of his/her department in accordance with budgeted funds.

9. “Intern” means temporary position with an emphasis of on-the-job training. Typically college or university student, but this can also include high school or postgraduate adults seeking skills for a new career.

I. Temporary Appointments. Whenever a City department requires help because of a special project, a temporary increase in work load, or the absence of a regular full-time employee or regular part-time employee on leave with or without pay, or on extended sick or vacation leave, temporary appointments may be made by the department head following consultation with the Human Resources and/or Manager for the duration of such work.

J. Temporary Reassignments. During an emergency or period of unusual workloads, the City Manager or department director may temporarily reassign City personnel within the department for a period not to exceed six months. City personnel may be temporarily reassigned from one department to another within the City. City Manager may authorize temporary differential pay up to five percent without City Council approval based upon job needs.

K. Continued Employment. Continued employment with the City of Sunnyside is subject, unless covered by a collective bargaining agreement, contract or civil service regulations, to the at-will condition; in addition to satisfactory work performance, the need for the work performed, the availability of funds, and the continued provision of services by the City work force.

L. Promotion. Promotional selection for vacancies is conducted as the needs of the City require. Regular employees, who meet the requirements of the classification for which a recruitment/examination is to be held, are considered eligible to compete in such a process. An employee selected for promotion shall receive a minimum five percent pay increase moving to the next highest step in the new salary range unless such increase would exceed the maximum range of the grade. In such instance, the employee will be placed at the top step of the respective grade for the position.

M. Exit Interviews. An interview is generally conducted with all employees separating from City service for any reason by Human Resources. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1003), 2012.]

2.62.040 Core job requirements.

A. Purpose. To establish a human resource policy to define core job requirements for all jobs and classifications of employment with the City of Sunnyside.

B. The City of Sunnyside has determined that certain core requirements are demanded of each and every employee, job and classification working or associated with the City of Sunnyside. These core requirements relate to the delivery of quality services to the citizens we serve, to the citizens who pay taxes or fees that fund employment with the City of Sunnyside and to the creation of an effective and efficient work environment between employees.

C. City of Sunnyside employees are expected to work in a manner consistent with the following core requirements:

1. Work and act as a team player in all interactions with other City employees;

2. Provide a high level of customer service at all times;

3. Project and maintain a positive image with those contacted in the course of work;

4. Develop and maintain collaborative and respectful working relationships with team members and others; and

5. Consistently provide quality service.

D. The City Manager/Human Resources shall be required to insert the core work requirements identified in this policy in its entirety in all job descriptions, job classifications and/or job specifications for any employee of the City of Sunnyside. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1004), 2012.]

2.62.050 Classification and compensation.

A. Purpose. To establish a human resource policy to define miscellaneous benefits.

B. Policy Statement. Washington State law requires that the legislative body fix the compensation and benefits for the City’s employees. For employees represented by collective bargaining agreements, compensation is fixed as part of the collective bargaining agreement adopted by the Council. For nonrepresented employees, this policy and the ordinance that adopts the policy shall be the vehicle that shall fix the compensation to be provided to nonrepresented employees.

C. The City Council shall be the sole authority to create or eliminate regular full-time and regular part-time positions for the City of Sunnyside. Prior to any recruitment for a position that is currently not authorized by the Council, the compensation and grade level proposed for the position to be created shall be approved by Council with an amendment to the classification and compensation schedule. Only those positions listed on the classification and compensation schedule shall be considered positions authorized by the City Council.

D. Any and all changes to the classification and compensation schedule and associated pay grade shall require prior approval by the City Council before any change in classification or compensation schedule shall be effective.

E. A nonrepresented employee shall not be eligible to receive any premium pay for education, advanced training, certification or other attribute. The nonrepresented employee is presumed to fully meet the total requirements for their respective job and their salary shall fully compensate the employee for their education, training, and experience.

F. A classification and compensation schedule shall be created to rank positions based on their comparable value within the City of Sunnyside. This classification is made taking into account the assigned duties/or responsibilities of the position and minimum qualifications, along with available market rates of pay of comparable positions, to determine the pay range of the position. Nothing in this policy shall supplant or replace what has been outlined within existing governing labor agreements.

G. The classification and compensation schedule shall group positions together in a classification or salary range according to the following considerations:

1. Essential functions of the position;

2. Knowledge and skills utilized;

3. Responsibility and accountability;

4. Judgment and extent of independent discretion;

5. Supervision of others and management environment.

H. On an annual basis, or more frequently as may be necessary, the City Manager with Human Resources shall review and make recommendations to the City Council regarding adjustments and changes to the classification schedule as necessary. The City Council shall consider such recommendations and shall approve those changes it deems appropriate. Following the approval by the City Council, the City Manager or designee shall publish a revised listing showing the classification and compensation of positions and their corresponding pay ranges.

1. As part of the biennial budget review and adoption process, the City Manager or designee shall present a report to Council that details the number of positions currently authorized; the title, classification and grade for each position; whether the position is filled or vacant as of the date of the report; and the department the position is assigned to for management oversight.

I. The classification and compensation schedule shall be composed as follows:

1. The pay grid shall be composed of a grade with nine steps at each grade level.

2. Each step shall be two and one-half percent higher than the previous step.

3. Each grade shall be one and three-quarters percent higher than the previous grade.

4. The beginning grade and step shall be set at minimum wage. Should any rate calculated from the beginning rate including the beginning rate be below the minimum wage established for Washington State, that rate shall be “red-lined” and not eligible for use.

5. Calculation for the grades and steps on the compensation schedule shall be performed as necessary. The calculations shall be made to round to the nearest whole cent. Each subsequent grade, step one of the higher grade shall be calculated to be five percent higher than step one in the previous grade. Subsequent steps within a grade shall be calculated to be five percent higher than the previous step.

6. Should the City Council grant a general base wage increase or what may be referred to as a COLA, the wage at the beginning grade, step one shall be multiplied by the percentage increase or the fixed amount added to step one of the beginning grade rounded to the nearest whole cent. Once that initial calculation is made, the entire compensation schedule shall be recalculated.

J. The employee’s progression through the steps within each grade shall be as follows:

1. Upon successful completion of the new hire probationary period (six months or 12 months depending on position), the employee shall normally be awarded a single step increase following completion of a successful employee performance evaluation. A department director may request in writing a one or two additional step increase by citing specific examples of the employee’s performance that warrant the award of an additional step increase. To be eligible to receive an additional step increase, the employee shall have to receive an aggregate average for 4.0 or higher on the employee evaluation form. To receive an additional two-step increase, the employee shall have to receive an aggregate average of 5.0 on the employee evaluation form. Such additional step increase requires prior written approval of the City Manager with the documented reasons citing specific performance factors that warrant the rating and additional step increases.

2. Twelve months from the date of the new hire probationary completion or other step increase, the employee shall be eligible for additional step increases until they reach the top step. A department director may request in writing a one or two additional step increase by citing specific examples of the employee’s performance that warrant the award of an additional step increase. To be eligible to receive an additional step increase, the employee shall have to receive an aggregate average for 4.0 or higher on the employee evaluation form. To receive an additional two-step increase, the employee shall have to receive an aggregate average of 5.0 on the employee evaluation form. Such additional step increase requires prior written approval of the City Manager with the documented reasons citing specific performance factors that warrant the rating and additional step increases.

3. Once an employee reaches the top step within a grade, the employee shall not be eligible for any further increases while in their current grade except for base wage rate adjustments (COLA) that may be granted from time to time by the City Council.

4. Before any step increase may be awarded, the City Manager and/or Human Resources shall require the supervisor and department director to complete a formal, written performance evaluation.

K. No employee shall be paid below the minimum rate of pay established for the salary range of his/her current position nor shall they be paid above the maximum range for his/her current position.

L. Changes in the method of compensation of employees such as education pay, shift, hazardous duty or other special pay differentials will be allowed, as necessary, to recruit or retain qualified employees and when it is in the best interests of City of Sunnyside. The use of premiums or special pays shall be on an extremely limited basis and only for extremely limited periods of time. The preferred method to address compensation inequities noted above would be through changes in the respective classification grade for a position. The City Council shall approve the creation of any special pay categories or premiums prior to their implementation and shall designate the time period such special pays or differentials shall be in effect. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1005), 2012.]

2.62.060 Hours of work.

A. Purpose. To establish a human resource policy to define hours of work, workweek, overtime and related matters.

B. Established Workdays and Workweeks. The standard work period for an employee shall be one of the following options as assigned by the City Manager:

1. Five consecutive workdays (Monday through Friday) of eight work hours in nine consecutive hours per day with a one-hour unpaid lunch period followed by two consecutive days off; or

2. Four consecutive workdays (Monday through Thursday or Tuesday through Friday) of 10 and one-half consecutive hours per day inclusive of a one-half-hour unpaid duty-free lunch period. Four consecutive workdays will be followed by three consecutive days off.

C. With the prior written approval of the City Manager, alternative work schedules may be established for individual work groups or employees consistent with providing work coverage on a Monday through Friday basis. The City Manager has the right to change the standard workday with 30 calendar days’ written notice.

1. The normal 10-hour workday shall commence at 7:30 a.m. to 6:00 p.m. with an unpaid duty-free lunch period as noted above.

2. Lunch/Rest Periods. The lunch period shall be as noted above unless an alternate arrangement is approved in writing by the City Manager or their designee. At least two rest periods not exceeding 15 minutes are afforded each employee during a workday.

3. For employees on a schedule outlined in subsection (B) of this section, the workday shall commence to allow for the consecutive work hours plus the unpaid duty-free lunch to fit within the time frame of 7:30 a.m. to 6:00 p.m. as determined by the employee’s supervisor.

D. Exceptions to Established Work Hours. A department director may change an employee’s work period (hours per day/days per week) with at least seven calendar days’ notice, except no notice is required in an emergency, in order to be consistent with the needs of the City.

E. Attendance. Employees report for their work assignments at the times and places set by their supervisors. Each department prepares attendance records of all employees. Regular timesheets are provided by each department on the form approved by the City Manager. If an employee is ill and unable to come into work, the employee is responsible for informing their supervisor prior to the start of their work shift as provided in the sick leave policy.

F. Pay Periods. All employees shall be paid twice a month, the fifteenth and the last working day of the month. If the fifteenth or the last working day of the month falls on a Saturday, employees shall be paid on the preceding Friday. If the fifteenth or the last working day of the month falls on a Sunday, employees shall be paid on the next working day.

G. Deductions. Deductions from employees’ pay are ruled by current laws, contracts, and this personnel policy. They include the following:

1. Deductions required by law and contracts, which may include federal withholding tax, Social Security tax, State retirement systems, recognized employee organization dues, wage garnishments, and health care insurance co-payments; and

2. Deductions can be arranged for a credit union, United Way, deferred compensation, recognized employee organizations, and other deductions as approved by the City Manager. These types of deductions are arranged only upon receipt of the written authorization from an employee.

H. Garnishment. State law requires the City to comply with writs of garnishment and deduct a part of the employee’s pay and remit it to the judgment creditor. Employees are encouraged to spend time evaluating possible alternatives available to them in making payments to creditors. Disciplinary action up to and including termination may be implemented if the City receives garnishments for three or more separate indebtednesses within any period of 12 consecutive months, pursuant to RCW 6.27.170.

I. Overtime Policy. For employees not exempt from the Fair Labor Standards Act (FLSA), it is the policy of the City to avoid the need for overtime work in order to minimize the financial liability caused by accumulated overtime. Overtime may be necessary for the protection of the lives or property of the residents of Sunnyside or the efficient operation of City departments. Authorized overtime is to be kept to a minimum.

1. Prior Approval. An employee needs prior approval from their immediate supervisor or department director to work overtime.

2. Reporting. The department director or supervisor is responsible for authorizing, approving, and submitting overtime hours on the employee’s timesheet for payment of overtime and compensatory time earned during any workweek.

3. FLSA-Mandated Overtime. The City, according to the Fair Labor Standards Act (FLSA) as amended, pays FLSA nonexempt employees for authorized overtime as follows:

a. Overtime work for all covered employees is defined as any time worked in excess of 40 hours of work in a workweek;

b. Overtime is paid at the rate of one and one-half times the employee’s regular hourly rate of pay for all hours worked beyond 40 hours worked in a workweek; and

c. When it is necessary to direct employees to report for emergency overtime work, the minimum payment for each call-out is two hours’ pay at one and one-half times the employees’ regular hourly rates of pay. In lieu of cash compensation, an employee may request compensatory leave. Compensatory time accrual is limited to 40 hours and must be used within six months from the date of accrual.

J. When a day recognized as a holiday by the City falls on Sunday, the following Monday is observed as the holiday. When a day recognized as a holiday by the City falls on Saturday, the preceding Friday is observed as the holiday except if otherwise indicated in a collective bargaining agreement.

1. Religious Holiday. An employee who wishes to be excused from work in observance of a religious holiday will request approval of the absence from the department director. If approved, any time off will be charged against vacation leave or compensatory time. Employees may request unpaid time off. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1006), 2012.]

2.62.070 Health (welfare) insurance, retirement, Social Security/Medicare and worker’s compensation benefits.

A. Purpose. To establish a human resource policy to define health (welfare) insurance, retirement, Social Security/Medicare and worker’s compensation benefits.

B. Policy Statement. Washington State law requires that the legislative body fix the compensation and benefits for the City’s employees. For employees represented by collective bargaining agreements, benefits are fixed as part of the collective bargaining agreement adopted by the Council. For nonrepresented employees, this policy and the ordinance that adopts the policy shall be the vehicle that shall fix the health (welfare) insurance benefits to be provided to nonrepresented employees.

C. The City Council shall be the sole authority to determine what health (welfare) insurance benefits may be provided to nonrepresented employees and to fix what the employer and employee contributions shall be for the insurance coverage provided.

D. On an annual basis, the City Manager shall review and make recommendations to the City Council regarding adjustments and changes to the insurance premium allocations for the employer and employee for health (welfare) insurance premiums. The City Council shall consider such recommendations and shall approve those changes it deems appropriate prior to the start of the new plan year for insurance coverage. Following the approval by the City Council, the City Manager or designee shall publish a revised listing showing the employer and employee contribution rates together with the health (welfare) insurance plans to be provided to the employees.

1. The City Manager is authorized to establish a Section 125 plan to provide for pre-tax payroll deductions for the payment of the employee’s share of the health (welfare) insurance premiums along with additional employee payroll deductions for health care reimbursement and dependent care reimbursement in accordance with applicable IRS regulations and requirements.

E. Eligible employees of the City of Sunnyside and their eligible dependents may be covered by a comprehensive medical, dental and life insurance plan as approved annually by the City Council. Annually and prior to the start of the next fiscal year, the City Council shall adopt a schedule of employer contributions for medical, dental, vision, and life insurance.

F. The City of Sunnyside believes that providing comprehensive medical and dental insurance benefits is a key component to the attraction and retention of quality employees. Due to the rapidly escalating cost of these benefits, the City of Sunnyside also believes that the employer cannot afford the total cost of medical and dental insurance coverage for the employee and any eligible dependents. All employees covered by medical and dental insurance benefits by the City of Sunnyside will pay a portion of the cost through employee payroll deduction at a rate established by the City Council on an annual basis.

G. Eligibility for insurance coverage is established by the insurance policy. To be an eligible employee or eligible dependent, the insurance policy definition and specific criteria must be met.

H. Eligible dependents shall also include registered domestic partners. Any additions as of March 2010 will require proof of registration status.

I. Discontinuation of dependent coverage requires completing a benefit change form with Human Resource Office.

J. Continuation of medical and dental coverage under COBRA will be governed by COBRA statute and regulations. Employees eligible for COBRA benefits are required to pay the entire medical and/or dental premium costs.

K. Under Washington State law, employees who qualify according to the laws and regulations governing the Washington State Public Employees’ Retirement System (PERS) must be enrolled in PERS. The PERS system requires a premium contribution from both the City of Sunnyside and the employee. The State Department of Retirement Systems (DRS) is charged under State law with the management of the retirement system and shall establish the necessary enrollment, contribution, and retirement provisions applicable to the City of Sunnyside employees in accordance with State law and the regulations adopted by DRS. The contributions by the employee shall be made by payroll deduction on a pre-tax basis in accordance with the regulations of DRS.

L. All City of Sunnyside employees are covered by federal Social Security and Medicare insurance with the exception of those employees assigned to the Fire Department as a firefighter/paramedic/EMS technician who are excluded from Social Security. Contributions to Social Security and Medicare are established by the federal government and include both an employee and a City of Sunnyside contribution and are made on a payroll deduction basis.

M. All employees of the City of Sunnyside are covered by a program of industrial insurance through the Washington Department of Labor and Industries (L and I). The program is managed and administered by L and I in accordance with the laws of the State governing the industrial insurance program for the benefit of both the employee and the employer. A contribution rate is established for both the employee and the employer by L and I and is paid on a payroll deduction basis.

N. The City Council may authorize employee participation in additional insurance programs such as disability insurance, supplemental life insurance, and similar programs through employee payroll deduction.

O. The City of Sunnyside retains the right to modify or terminate this benefit coverage at any time. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1007), 2012.]

2.62.080 Sick leave.

A. Purpose. To establish a human resource policy to define sick leave.

B. The sick leave policy describes other conditions under which leave may be requested for the employee’s own health condition or to care for a family member.

C. Request. An employee requesting sick leave must inform their immediate supervisor or department director no later than 15 minutes after (sooner if possible) the employee is scheduled to begin work if the leave is unplanned, and if possible, 10 days in advance if the leave is scheduled. Advance notice is essential in cases where replacement employees or rescheduling is necessary as a result of planned absences. The employee’s immediate supervisor approves the sick leave on the timesheet and other applicable leave-requesting form that may be used in the department/City. Accrued sick leave must be used in increments of at least 15 minutes.

D. Activities Incompatible with Sick Leave. Any employee who is absent after requesting sick leave or who is on leave as provided by this chapter or other chapters in the human resource policy manual may not engage in work or other activities that are in conflict with the reasons given by the employee for being on sick leave. While on sick leave, an employee must not engage in any activity that would hamper their ability to return to work.

E. Abuse of Sick Leave. The abuse of sick leave privileges may result in disciplinary action against an employee up to and including termination.

F. Licensed Medical Provider’s Statement. If the employee is absent three or more days, the employee’s immediate supervisor, department director, or the City Manager may require a written statement from the employee’s attending physician that confirms the employee is/was unable to work during his/her absence due to illness, disability, or medical treatment. The statement must also give the doctor’s opinion as to when the employee may return to work, and describe any restrictions on their ability to perform all of the duties required by their position upon their return. Such a statement may also be required from a second or alternate physician designated by the City Manager at the City’s expense. Management may require a physician’s statement for absences of less than three days if the employee has been using an excessive amount of sick leave and/or management suspects abuse of sick leave privileges. Where an employee is absent three or more days to care for a child or other relative, the employee may be required to provide a note from the relative’s physician or other health care provider.

G. Eligibility. Regular full-time and regular part-time employees are eligible to accrue and use sick leave. Temporary and emergency employees are not eligible to accrue sick leave.

H. Accrual. Regular full-time employees accrue sick leave at the rate of eight hours for each full calendar month of service beginning with the date of employment, up to a cap of 960 hours of accrued sick leave. Regular part-time employees accrue sick leave in proportion to the number of hours worked per week. Sick leave accruals during months when an employee works less than the standard workweek are prorated based on the number of hours actually worked. Sick leave may be used after the first month of employment and is based on an employee’s current balance of accumulated sick leave hours. New full-time employees or currently serving full-time employees who have served as volunteer firefighters or reserve police officers for the City of Sunnyside shall be granted one day sick leave for each year of past service as a volunteer firefighter or reserve police officer, prior to full-time employment with the City.

I. Use of Sick Leave for Bereavement. Sick leave may be granted up to 40 work hours per bereavement occurrence for immediate family members of the employee or the employee’s spouse (for purposes of such leave, immediate family of the employee or spouse of the employee includes: parent, child, spouse, brother, sister, son-in-law, daughter-in-law, grandparent, grandchild, and equivalent step relatives); up to 30 work hours per occurrence for other extended family members (i.e., aunts, uncles, nieces, nephews or cousins) where overnight travel out of town is required.

J. Accumulation and Sick Leave Benefit upon Death or Retirement.

1. Upon death: 50 percent of their accrued sick leave.

2. Upon retirement from the City of Sunnyside provided the employee is eligible to draw a pension from the State Department of Retirement Systems and files for benefits within two months of leaving service with the City of Sunnyside: 25 percent of their accrued sick leave.

K. Workers’ Compensation and Disability Payments. All regular full-time employees will be covered by State Worker’s Compensation or some program with equal or better benefits. Any employee who is eligible for time off because of an on-the-job injury, first three days shall be paid sick leave. The next 90 days the employee is paid by the City the difference from the State and regular earnings. Any State industrial benefit received by the employee shall be endorsed to the City. Sick leave benefits shall be limited to that amount which the employee has accumulated. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1008), 2012.]

2.62.090 Vacation leave.

A. Purpose. To establish a human resource policy to define vacation leave.

B. Eligibility. Regular full-time employees and regular part-time employees are eligible to use accumulated vacation leave after six months from date of hire. Use of these accrued and accumulated vacation hours is subject to approval by the employee’s department head. An employee’s vacation may not exceed the amount of vacation time the employee has actually accrued.

C. Seasonal and emergency employees are not eligible to earn vacation leave with pay.

D. Use of Vacation.

1. Scheduling. Accrued vacation must be used in increments of at least one hour. The dates and length of time an employee uses accumulated vacation leave require prior approval by the employee’s immediate supervisor. Employees are expected to plan as far in advance as is practical their request for and use of vacation time and communicate those requests to their supervisor. The supervisor takes into account the wishes of the employee as well as the needs of the City.

2. Maximum Hours. Vacation leave may be used as accumulated. Vacation leave is, however, not available for use until earned and posted to the employee’s accrued vacation leave following the end of the current pay period. As of December 31st of each year, no employee will be permitted to have an accumulated amount of accrued vacation leave in excess of 300 hours.

a. Any accrued vacation leave in excess of 300 hours will be forfeited on an annual basis.

b. The City Manager is authorized, in writing, to extend the period for use beyond December 31st for an additional 90 days provided the employee has previously requested to use an adequate amount of vacation leave to bring their accrual balance below 300 hours and had their vacation leave cancelled or denied by the City due to the City’s need to restrict employee leave.

c. Employees are expected to responsibly manage their vacation leave balance to avoid shortfalls and excesses.

E. Nonrepresented and Management Employees. Vacation leave is accrued starting on the employee’s first day, with the following amounts being accrued each year:

1. One year to four years of service: 88 hours.

2. Five years to six years of service: 112 hours.

3. Seven years to 12 years of service: 136 hours.

4. Thirteen years of service and over: 160 hours.

F. Vacation hours will be accrued on a pay period basis. No accrued vacation time may be used until after six months’ employment.

G. Vacation Payoff at Separation. A separating employee is paid for accrued vacation leave at the rate of pay in effect at the time of separation up to a maximum of 300 hours.

H. When separation is caused by an employee’s death, payment for accrued vacation leave is paid in the employee’s name. [Ord. 2018-16 § 1 (Exh. A), 2018; Ord. 2012-13 § 1 (Exh. A, Pol. No. 1009), 2012.]

2.62.100 Holidays and other leaves of absence.

A. Purpose. To establish a human resource policy to define other leaves of absence.

B. All leave provided in this human resource policy, if taken for purposes covered by the Family and Medical Leave Act, run concurrently with FMLA and apply toward an employee’s 12-week entitlement, unless otherwise indicated.

C. Exempt Employee Executive Leave. Positions which are exempt under the FLSA are not entitled to compensatory time or overtime. Positions which are exempt under the FLSA shall receive executive leave of 80 hours each year, to be identified as “exempt leave.”

1. This leave shall be used in the year earned and shall not be accumulated.

2. At separation for whatever reason, any remaining exempt leave shall be forfeited and the employee shall not receive any compensation for the forfeited leave.

D. Military Leave of Absence. Employees required to take training by virtue of military order for the Military Reserve or National Guard membership shall be granted leave for such training for periods not to exceed 21 working days per year and shall be paid for such periods and benefits shall continue to accrue for the employee during this period. This provision shall be subject to applicable State and federal laws.

E. In the event that an employee is absent due to being called into active military service of the United States or the State of Washington, he or she will be placed on military leave without pay.

F. The City will abide by the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for employees called to active duty for longer than 21 days. Employees will present a copy of their active duty orders to their supervisor before commencing military leave.

G. Maternity Leave of Absence/Disability. Employees may be granted leave for pregnancy or childbirth related disability, in accordance with Washington Human Rights Commission laws. A pregnant employee may work as long as and return as soon as her health care provider states she may work. Following delivery, the employee must have written authorization from her health care provider, stating that she is able to resume working. An employee on maternity leave is required to first use available sick leave and, second, available compensatory and vacation leave. Any additional leave shall be unpaid. Maternity leave will be allowed as follows:

1. Prior to delivery, when requested in conjunction with a health care provider’s statement indicating inability to work; and

2. Following delivery not to exceed six weeks, unless additional time is requested and supported with a health care provider’s statement indicating inability to work;

3. Additional leave authorized by the federal Family Medical Leave Act and/or the Washington State Family Leave Act.

H. The employee’s health care provider’s statements shall be used in determining the beginning and ending dates for the period of time the employee is sick or temporarily disabled, i.e., unable to work, because of pregnancy or childbirth. Leave in excess of six weeks following childbirth may be granted when the period of actual disability (inability to work) relating to childbirth extends beyond six weeks. In that case, leave may continue until the end of the actual period of disability. If the employee returns to active employment at the end of the six weeks of leave or at the end of the actual period of disability relating to childbirth, the employee shall be returned to the same job, or similar job, as held prior to taking maternity leave. Business necessity may require departure from this policy. If the employee elects leave for longer than the actual period of disability, and that leave extends beyond six weeks after childbirth, the employee’s return to employment will be at the sole discretion of the City Manager.

I. Maternity leave requires prior written notification to the employee’s supervisor and shall include:

1. At what point in the pregnancy the employee intends to stop working; and

2. Whether the employee plans to return to work following the baby’s birth and, if so, when she will return;

3. The notice shall be submitted not later than the beginning of the sixth month of pregnancy, or in the case of an unforeseen event, as soon as practical.

J. Leave for Spouses of Deployed Military Personnel. Employees who are the spouse or registered domestic partner of a member of the Armed Forces of the United States, National Guard, or Reserves during times of military conflict, who have been notified of an impending call or order to active duty, or have been deployed, may be granted 15 days of unpaid leave per deployment after the military spouse has been notified of (1) an impending call or order to active duty and before deployment, or (2) when the military spouse is on leave from deployment. An employee who seeks to take such leave must provide the City with notice of their intent to do so within five days of receiving official notice of an impending call or order to active duty or leave from deployment. Leave is unpaid but an employee may elect to substitute any accrued leave for any part thereof.

K. Subpoena.

1. Related to Employment. An employee who is subpoenaed to appear in court as a witness in a matter arising from their job-related duties with the City is on paid status when the employee is appearing during their workday. If the employee appears when off-duty, the employee is entitled to overtime pay or compensatory time, if applicable per FLSA regulations. Compensation received by the employee for witness or subpoena fees, and for mileage when traveling in a City-owned vehicle, must be remitted to the City. Compensation for mileage when traveling in a private vehicle is retained by the employee.

2. Not Related to Employment. If an employee is subpoenaed to appear in court during their workday as a witness in a matter not arising from their job-related duties with the City, they must provide a copy of the subpoena to their immediate supervisor and may use accrued leave if they wish to be paid for the time away from work. In such a case, compensation for witness or subpoena fees, mileage, and subsistence is retained by the employee.

3. The determination as to whether the subpoena is related to employment or nonrelated to employment shall reside solely with the City Manager.

L. Jury Duty. A regular employee required to report for jury duty during the employee’s workday is granted leave with pay. The employee receives base pay (regardless of the number of hours served in excess of a standard workday) from the City for the time served on the jury, provided the employee remits to the City all fees for jury duty as soon as the duty fees are received. Compensation for mileage will not be considered as fees and may be retained by the employee.

1. Notice. Before a regular employee can be granted leave with pay for jury duty, the employee must give their immediate supervisor a copy of the summons to serve on a jury. In addition, the employee must present documentation from the court clerk showing evidence of jury duty pay and time served. After reporting for jury duty, if an employee is released from the jury duty by the court prior to the end of the workday, the employee shall return to work as soon as possible unless the employee’s return to work would be after the end of their normal workday.

2. If an employee serving jury duty poses a hardship to the City, the supervisor shall request that the court excuse the employee from jury duty.

M. Leave without Pay (LWOP) and Absence without Leave (AWOL).

1. Leave without pay (LWOP) is a short-term, temporary nonpaid status and absence from duty which may be granted by the City Manager at the employee’s request. Even though the employee will not be paid during their LWOP absence, it cannot be assumed that LWOP will be approved in all cases. Just like other types of leave, LWOP must be requested in advance so that adequate arrangements can be made for completion of the employee’s work while they are out on LWOP. LWOP will not be granted when an employee has vacation, compensatory time or sick leave (when applicable) available for use.

2. LWOP and AWOL are treated much the same way since no pay is received in either case.

3. There is, however, a significant difference. LWOP is an approved absence, i.e., a nonpaid status which the employee has requested and has been approved by the City Manager. Being charged with AWOL (absent without leave) means that the employee’s absence is not authorized even though they may have requested leave. AWOL is considered a serious misconduct matter and can result in disciplinary action, up to and including termination of employment.

4. It is important to note that LWOP and AWOL will affect certain employee benefits.

a. Leave Accrual. When an employee is in a nonpay status for any part of the pay period, the prorated amount of vacation or sick leave for the pay period shall be accrued for those days only that the employee was in a paid status;

b. Insurances. Except when the LWOP period is associated with an FMLA-eligible period, the City portion of health care and life insurance benefit premiums shall only be paid for those hours that the employee was in a paid status during the pay period. All remaining portions of the premiums shall be the employee’s responsibility, and must be paid to the City within 45 days of the end of the pay period in which LWOP or AWOL hours were accumulated; and

c. Holidays. Employees must be in paid status on both the workday before and the workday after a legal holiday to be eligible to receive holiday pay. Employees who are on an extended period of leave without pay may not return to duty solely in order to be paid for a holiday.

N. Job Abandonment.

1. If an employee fails to return from LWOP within three regular workdays from the scheduled date of the employee’s return to work and fails to contact their department director and receive an extension of the LWOP, the employee shall be deemed to have abandoned their job with the City of Sunnyside and shall be terminated from their position and shall have no right of reinstatement.

2. If an employee is AWOL for whatever reason for three consecutive work shifts, the employee shall be deemed to have abandoned their job with the City of Sunnyside and shall be terminated from their position and shall have no right of reinstatement. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1010), 2012.]

2.62.110 Family and medical leave.

A. Purpose. To establish a human resource policy to define family and medical leave.

B. Policy Statement. In accordance with the federal Family Medical Leave Act (FMLA) and the Washington State Family Leave Act (FLA), the City grants job-protected, unpaid family and medical leave to eligible employees for up to 12 weeks per 12-month period for any of the following reasons:

1. The birth of and care for a newborn child, or the placement of a child with an employee in the case of adoption or foster care. Leave for these reasons will expire at the end of the 12-month period beginning on the date of such birth or placement;

2. In order to care for a family member (spouse, child, parent, or registered domestic partner) if that family member has a serious health condition;

3. An employee’s own serious health condition that makes the employee unable to perform the essential function(s) of their position; and

4. A qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. This leave does not apply to family members of military members in the Regular Armed Forces.

5. In addition to the foregoing, the City grants job-protected, unpaid family and medical leave to eligible employees for up to 26 weeks per 12-month period to care for a spouse, son, daughter parent or next of kin who is a covered service member and who has a serious injury or illness.

C. Definitions.

1. “Twelve-month period” means a rolling 12-month period measured backward from the date family and medical leave is taken. The period continues with each additional family and medical leave day taken.

2. “Child” means a person younger than 18 years of age, or a person older than 18 years of age and incapable of self-care due to a mental or physical disability. An employee’s “child” is one for whom the employee has actual day-to-day responsibility. A “child” includes a biological, adopted, foster, or step-child.

3. “Serious health condition” is an illness, injury, impairment, or a physical or mental condition involving inpatient care or continuing treatment by a health provider. Continuing treatment involves:

a. A period of incapacity of more than three consecutive calendar days (not working days) and subsequent treatment including either two visits to a health care provider or one visit followed by continuing treatment under the health care provider’s supervision;

b. A period of incapacity due to pregnancy or for prenatal care;

c. Treatment for chronic serious health conditions such as asthma and diabetes which (i) requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider; (ii) continues over an extended period of time (including recurring episodes of a single underlying condition); and (iii) may cause episodic rather than a continuing period of incapacity; and

d. Treatments for serious conditions such as cancer that may not be incapacitating but without treatments would result in a period of incapacity of more than three consecutive days.

4. “Health care provider” means any health care provider that is recognized by the City or accepted by the City’s group health plan. This may include physicians, dentists, clinical psychologists, optometrists, and chiropractors, nurse practitioners, nurse midwives and clinical social workers.

5. “Covered service member” means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

6. “Serious injury or illness” is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating.

D. Eligibility for Leave. To be eligible for family and medical leave, an employee must have been employed by the City for at least 12 months. Employees must have worked 1,250 hours during the 12 months prior to the commencement of leave. Vacation, personal leave, sick leave or unpaid leave is not included in the 1,250-hour calculation.

E. Intermittent or Reduced Leave. An employee may take FMLA or FLA leave on an intermittent basis (a few days or few hours at a time) or on a reduced leave schedule as a result of the birth of a child and for the placement of a child for adoption or foster care if the City and the employee agree to such a schedule.

1. Leave for a serious health condition may also be taken intermittently or on a reduced leave schedule when medically necessary. The City may request certification from the health care provider of the employee or family member of the medical necessity of the intermittent leave schedule and its expected duration. Employees are required to schedule intermittent leave that is foreseeable so as not to unduly disrupt the City’s operations. The City may assign employees on intermittent FMLA leave temporarily to alternative positions with equivalent pay and benefits that better accommodate such recurring periods of intermittent leave.

2. For regular part-time employees and employees who work variable hours, the FMLA or FLA entitlement will be calculated on a prorated basis. A weekly average of the employee’s hours worked over the 12-week period before the beginning of the family and medical leave will be used for calculating the employee’s normal workweek.

F. Substitution of Paid Leave. An employee on family and medical leave must use any accumulated vacation and sick leave they have available. After an employee on family and medical leave has exhausted their accumulated vacation and sick leave, the remainder of the leave will be unpaid.

1. An employee who incurs a work-related illness or injury may be eligible to receive worker’s compensation benefits. Any time off due to the work-related illness or injury will count toward the employee’s family and medical leave entitlement.

2. The FMLA Act does not allow for the substitution of compensatory time for unpaid FMLA leave.

G. Designating Leave as FMLA Leave. The City has the authority to designate before leave starts whether any paid leave to be taken counts towards an employee’s family and medical leave entitlement, and will notify the employee immediately upon learning that it qualifies as family and medical leave. The initial notification to the employee may be oral, but will be confirmed in writing by the next regular payday. The City’s designation is based upon information obtained from the employee or the employee’s spokesperson (e.g., spouse, parent, physician, etc. if the employee is incapacitated). The employee must provide enough information to enable the City to make a determination; if not, the City may make a tentative designation until further inquiry is made to obtain the additional information.

H. Requesting Military Family Leave. An employee requesting military family must substantiate the request as follows:

1. Qualifying Exigency. Leave for a qualifying exigency must be supported by a copy of the covered military member’s active duty orders and certification, providing the appropriate facts related to the particular qualifying exigency for which leave is sought, including contact information if the leave involves meeting with a third party.

2. Care for Covered Service Member. Leave to care for a covered service member with a serious injury or illness must be supported by a certification completed by an authorized health care provider or by a copy of an invitational travel order (ITO) or invitational travel authorization (ITA) issued to any member of the covered service member’s family.

I. Employee Notice Requirements. An employee must provide the City with at least 30 days’ advance notice before family and medical leave is to begin if the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition. Failure to provide the notice with no reasonable excuse will give the City the right to delay the taking of leave until at least 30 days after the date the employee provides notice to the City of the need for family and medical leave. If 30 days’ notice cannot be provided, notice must be given as soon as practicable. Verbal or written notification to the City shall be provided within one or two business days of when the need for leave becomes known to the employee. When planning medical treatment, the employee must consult with his/her supervisor and make a reasonable effort to schedule the leave so as not to unduly disrupt the City’s operations, subject to the approval of the health care provider.

J. Medical Certification. If the employee’s leave is to care for the employee’s seriously ill spouse, child, or parent, or due to the employee’s own serious health condition, the request must be supported by a certification issued by the health care provider of the employee or the employee’s ill family member. When the leave is foreseeable and at least 30 days’ notice has been provided, the medical certification shall be provided before the leave begins. The City will allow 15 calendar days for the employee to comply with a request for medical certification.

K. Second Opinion. The City may require a second medical opinion (at the City’s expense). Pending receipt of the second opinion, the employee is provisionally granted leave. The City may also request periodic reports on the employee’s status and intent to return to work, and a fitness-for-duty report from the employee’s attending physician advising that the employee can return to work.

L. Third Opinion. If the opinions of the employee’s and the City’s designated health care providers differ, the City may require a third opinion (at the City’s expense). The third health care provider will be designated or approved jointly by both the employee and the City. The third opinion is final and binding. The City will reimburse an employee or family member for any reasonable travel expenses incurred to obtain the second and third opinions.

M. Confidentiality. All documentation related to the employee’s or family member’s medical condition is held in strict confidence and maintained in the employee’s confidential file.

N. Payment of Group Health Premiums. The City will maintain (including the continuation of paying the City’s share of the premiums) the group health insurance coverage for an employee’s family and medical leave period whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. Any portion of group health plan premiums which the employee has paid before starting family and medical leave must continue to be paid by the employee during the leave. Any changes to premium rates and levels of coverage or other conditions of the plan that apply to other active employees also apply to eligible employees on family and medical leave. The City will give advance written notice to employees of the terms for payment of premiums during family and medical leave. If family and medical leave is unpaid, the City requires that payment of the employee’s portion of the payment of health benefit premiums will be made by the employee to the City. Payment is required at the same time as if it would be made by payroll deduction.

1. The City’s obligation to maintain group health benefits ends after an employee’s premium payment is more than 30 days late. The City will provide 15 days’ notice that coverage will cease if the employee’s premium is more than 30 days late. If coverage lapses while the employee is on family and medical leave, they will be restored to equivalent coverage upon return to work and will not be required to meet any qualification requirements imposed by the health care plan such as preexisting waiting periods or passing a medical exam to obtain coverage.

O. Failure to Return to Work. The City may recover its share of health plan premiums during a period of unpaid family and medical leave from an employee if the employee fails to return to work at the end of leave. The only exception is where the employee does not return due to the continuation, recurrence, or onset of a serious health condition of the employee or the employee’s family member or other circumstances beyond the employee’s control.

P. Rights upon Return to Work. When an employee returns from family and medical leave, they will be restored to the same or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. The FMLA and FLA do not require the City to place a returning employee in the same position. If a position in which an employee is placed is equivalent, the employee has no right to be restored to the original job.

1. The employee’s restoration rights are the same as they would have been if the employee had not been on family and medical leave. For example, if the employee’s position would have been eliminated, or if the employee would have been terminated, regardless of the employee having taken leave, the employee does not have the right to be reinstated upon return from family and medical leave.

2. Seniority. An employee is not entitled to seniority or benefit accruals during periods of unpaid family and medical leave. However, an employee does not lose seniority or benefits accrued prior to family and medical leave.

3. Early Return. If an employee requests to return to work earlier than originally scheduled, he/she shall give the City reasonable advance notice, generally at least two working days. The City may require that, before returning, the employee present a certification from his/her health care provider that the employee is able to resume work.

Q. Request for Extension. In certain circumstances, a family and medical leave of absence may be extended beyond 12 weeks, upon request, when accompanied by an explanation of the need for an extension period from your health care provider. The employee shall give reasonable notice to the City of the need for an extension, and provide updated medical certification, prior to the expiration of the originally scheduled leave period.

R. An employee who does not (or is unable to) return to work after exhausting available family and medical leave is no longer protected by the FMLA and/or FLA. Group insurance coverage may terminate at the end of the month in which the extended leave begins. If the employee desires to continue group coverage he/she must make arrangements to prepay individual and dependents’ premiums each month. These arrangements must be taken care of before beginning the extended leave of absence, but in no case later than 30 days after the end of the month in which the extended leave began.

S. The City cannot guarantee that an employee will be able to return to the same or equivalent job after his/her return from an extended leave of absence. Failure to return from an extended leave on or before the agreed-upon date may result in termination. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1011), 2012.]

2.62.120 Shared leave.

A. Purpose. To establish a human resource policy to define shared leave.

B. Policy Statement. The purpose of shared leave is to permit City employees to come to the aid of a fellow City employee who is suffering from or has an immediate family member or registered domestic partner suffering from an extraordinary medical emergency. The severity of the emergency would cause the employee to take leave without pay or to terminate employment without shared leave. Shared leave also may be donated to enable an employee out on FMLA leave to continue to be paid during his/her absence. Application of shared leave will not affect the duration of the employee’s 12-week FMLA entitlement.

C. Eligibility Criteria. The City Manager may permit an employee to receive shared leave if:

1. The employee suffers, or has an immediate family member or registered domestic partner suffering from, an illness, injury, impairment, physical or mental condition which is of an extraordinary or severe nature and which would otherwise cause, or be likely to cause, the employee to go on a leave without pay or terminate employment with the City;

2. The employee has or shortly will have exhausted all vacation leave, sick leave, personal leave, compensatory time, and/or executive leave;

3. Prior to the use of shared leave the employee has abided by the City’s sick leave policy;

4. The employee has diligently pursued and is found to be ineligible for worker’s compensation insurance benefits, if the illness, injury, impairment, or condition is work related;

5. The use of shared leave will not significantly increase the City’s costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the employee’s department; and

6. The employee provides appropriate medical justification and documentation both of the necessity for the leave and the length of time which the employee reasonably can be expected to be absent due to the condition.

D. Amount of Leave Received. Human Resources will verify the amount of shared leave, if any, the employee needs to receive per the guidelines below:

1. An employee may not receive more than one month (defined as 160 hours) of shared leave per occurrence;

2. To the extent possible, shared leave is to be used in a consecutive and continuous basis; and

3. The maximum amount of shared leave that an employee may receive is limited to 160 hours per consecutive 12-month period and no more than 320 hours during their employment with the City of Sunnyside.

E. Transfer Process. Employees may request the City Manager to approve the transfer of a specified amount of sick leave to an employee who is authorized to receive shared leave as provided therein.

1. To be eligible to donate sick leave, an employee must have a minimum accrued balance of 320 hours of sick leave after donation. All transferred leave will be in increments of one hour and is voluntary;

2. While on shared leave, an employee continues to be classified as a City employee and is eligible for all compensation (salary and benefits) they would otherwise be receiving if using paid leave;

3. The employee’s total compensation, including self-insured worker’s compensation insurance, may not exceed the compensation the employee would have received while in regular paid status; and

4. For those employees who prefer to donate or receive shared leave in confidence, every effort will be made to respect the individual’s privacy.

5. Sick leave hours will not be transferred to the eligible employee until such time as the eligible employee will utilize the transferred leave. If more than one employee desires to donate sick leave time to the eligible employee, the leave time shall be transferred from each employee’s accrued sick leave on an equal basis not to exceed the amount of leave to be donated by each employee, and not to exceed the total amount of leave to be received by the receiving employee.

F. “Value” of Leave. Shared leave will be transferred on an hour-for-hour basis.

1. Shared leave will be converted to sick leave for the recipient; and

2. Payroll is responsible for transferring the donated hours to the leave balances of shared leave recipients.

G. Monitoring. Human Resources will monitor the use of shared leave to ensure equal treatment of all City employees. Inappropriate use may result in the cancellation of donated or unused shared leave.

H. An employee currently receiving shared leave who leaves City service is not paid for the remaining balance of any donated and unused shared leave. [Ord. 2021-4 § 1, 2021; Ord. 2012-13 § 1 (Exh. A, Pol. No. 1012), 2012.]

2.62.130 Holiday use and accrual.

A. Purpose. To establish a policy regarding use and accrual of holidays for career employees.

B. Policy Requirements. The City of Sunnyside recognizes that certain days of the year are celebrated as holidays. The City further recognizes that holidays serve as a time to afford employees paid time off to celebrate or reflect on such events with family and friends.

C. The City of Sunnyside recognizes as paid holidays the following:

1. New Year’s Day: January 1st;

2. Martin Luther King Day: third Monday in January;

3. President’s Day: third Monday in February;

4. Memorial Day: last Monday in May;

5. Independence Day: July 4th;

6. Labor Day: first Monday in September;

7. Veteran’s Day: November 11th;

8. Thanksgiving Day: fourth Thursday in November;

9. Day after Thanksgiving (only if on a Monday through Friday or Tuesday through Friday schedule);

10. Christmas Day: December 25th;

11. Floating holiday (only if on a five-day-per-week schedule).

D. In general, when a holiday falls on a Sunday (or seventh day of an employee’s workweek), the following Monday (or first day of the employee’s work schedule) will be observed as the holiday. When a holiday falls on a Saturday (or sixth day of an employee’s workweek), the previous Friday (or fifth day of the employee’s work schedule) will be observed as the holiday. Upon mutual agreement between employees and their supervisors, an alternate day off may be taken during the year following accrual of the holiday.

E. A regular full-time employee working a four-day-per-week schedule will receive a 90-hour (10 days * 9 hrs./day = 90 hrs.) holiday accrual bank each January 1st. The holiday accrual amount will be adjusted to reflect an appropriate number of hours for individuals working other schedules authorized in SMC 2.62.060.

1. It is recognized by the employee and the City of Sunnyside that the holiday accrual bank allows for ease of accounting and that a holiday formally accrues to the employee on the date of the holiday noted above.

2. A holiday may be advanced to the employee.

3. Regular part-time employees shall receive pro-rated holiday accrual in accordance with the percentage of full-time employment listed in the fiscal year budget. Any holiday hours not used by December 31st of each year shall be forfeited. It is the individual employee’s responsibility to manage his/her holiday bank to avoid forfeiting any hours. Under no circumstance will unused holiday hours be paid out directly to the employee or rolled over into the next year.

F. Should an employee be required to work on a holiday, they shall be compensated at the following:

1. Nonexempt employees shall receive one and one-half times their regular rate of pay or, at the employee’s option, an equivalent amount of compensation time for the hours worked. Should a full-time employee work less than their normal schedule on the holiday, holiday time in an amount necessary to equal their normal day schedule of hours will be added to the employee’s time card.

2. If an employee is required to work what amounts to a normal work shift on a holiday which is normally their day off, the employee will be assigned an alternate day (or portion thereof).

G. If a holiday occurs during an employee’s vacation, the employee shall utilize the holiday in lieu of vacation for the day. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1013), 2012.]

2.62.140 Corrective action and discipline.

A. Policy Statement. All employees of the City are “at-will” employees unless specifically provided additional rights in a collective bargaining agreement, written contract or pursuant to civil service rules. As such, the City may terminate the employment relationship at any time, for any reason, with or without cause or notice. When making decisions as to discipline, the City will review each situation independently and make a decision on what it deems to be appropriate corrective action and discipline, up to and including termination, and may conclude that progressive discipline is not appropriate or necessary in some circumstances.

B. If the City chooses to pursue progressive discipline, the focus is on the corrective nature of discipline and provides employees an opportunity to correct deficiencies in their performance by providing notice, setting goals and measures, monitoring procedures, providing feedback, and including clearly defined disciplinary measures that may be taken if performance does not improve. It also provides the employer an opportunity to document the reasons for the outcomes of the disciplinary procedure. However, as noted above, the decision to use or not use progressive discipline in a given case does not change the at-will nature of the employment relationship.

C. Causes for Corrective Action and Discipline. Examples of causes for disciplinary action against an employee may include, but are not limited to, the following:

1. Fraud or dishonesty in securing appointment;

2. Incompetence, inefficiency, neglect of duty or failure to maintain required licenses and certifications;

3. Insubordination (unwillingness to submit to authority) or willful disobedience;

4. Dishonesty during the performance of their official duties;

5. Being under the influence of or consuming any alcoholic beverage while on duty (refer to SMC 2.62.170, Substance abuse and physical or psychological examination), except for authorized undercover police officers;

6. Unlawfully possessing, selling, using, or being under the influence of any drug, except as authorized by a physician;

7. Unauthorized leave of absence, tardiness, or abuse of sick leave or other leaves;

8. Conviction of a felony or conviction of a misdemeanor that impacts the employee’s ability to perform his or her job;

9. Discourteous behavior or treatment of the public or other employees;

10. Unlawful use of City resources for political activity;

11. Misuse or abuse of City property, time, equipment, or supplies, or the appropriation of such for personal use;

12. Violation of any of the provisions of this personnel policy and/or departmental guidelines;

13. Unlawful workplace harassment;

14. Possession of unauthorized firearms or other weapons while on duty (with the exception of commissioned police personnel);

15. Off-duty employment that negatively affects the City and/or performance of the employee while in City service;

16. Solicitation or acceptance of gifts of value or gratuities for performing duties that are expected during an employee’s work period or workday;

17. Engagement in any off-duty activity which may later be subject to review, inspection, or enforcement by that employee in the exercise of their City duties;

18. Smoking in a City-owned facility, automobile, or common area; and

19. Other grounds reflected in applicable statutes, case law, and/or understood to be normal causes for disciplinary action.

D. Types of Corrective Action and Discipline. Corrective action and discipline, if implemented, may include but are not limited to:

1. Oral Warning. An oral warning is a counseling session between an employee’s supervisor and the employee on the subject of the employee’s conduct and performance, or the employee’s failure to observe a rule, regulation, procedure or policy, etc. It is intended to bring an employee back on course and increase an employee’s efficiency and value to the City of Sunnyside by changing the employee’s conduct, attitude, habits or work methods. Following the counseling session, the supervisor shall document the oral warning.

2. Written Warning. A written warning is a formal written disciplinary action for misconduct, inadequate performance, or repeated infractions. Written reprimands are placed in the employee’s central personnel file and are made part of the employee’s permanent file. At the request of an employee, after a period of one year and there has been no occurrence of any subsequent or new correction action and discipline, the employee may request removal of the written warning from their personnel file. The City Manager has the final decision on whether or not to remove a written warning.

3. Suspension Without Pay. A suspension without pay is a temporary, unpaid absence from duty which may be imposed as a penalty for significant misconduct or repeated infractions. A suspension without pay is a disciplinary action which is made a permanent part of the employee’s central personnel file. Any suspensions without pay of exempt personnel must be in full-week increments (unless the discipline is for violation of a safety rule of major significance).

4. Demotion. A demotion is the lowering of an employee’s position to a lower classification band or grade. A demotion is a disciplinary action which is made a permanent part of the employee’s central personnel file.

5. Pay Reduction. A pay reduction is the lowering of an employee’s pay rate. A pay reduction is a disciplinary action which is made a permanent part of the employee’s central personnel file.

6. Termination. Termination is the removal of the employee from City of Sunnyside service and is the most severe corrective action/discipline possible. A termination is made a permanent part of the employee’s central personnel file.

7. Nothing in this policy shall prohibit management from bypassing the oral warning, written warning or suspension actions and imposing the most severe disciplinary action, up to and including termination, should management determine that such corrective or disciplinary action is warranted (e.g., sexual harassment, health or safety risks, theft, etc.).

E. Authority to Take Disciplinary Action. The City Manager, an employee’s department director, or an employee’s immediate supervisor may take disciplinary action against an employee.

1. Immediate supervisors may issue an official (oral or written) warning to an employee under their supervision. An immediate supervisor may recommend suspension without pay or termination of an employee under his/her supervision to the department director.

2. Department directors may recommend suspension without pay or termination of an employee under his/her supervision to the City Manager.

3. City Manager. Suspension without pay and termination are actions that may be taken only by the City Manager. A department director may submit a written recommendation for suspension without pay or termination of an employee to the Human Resource Office. The recommendation must include the specific allegations and the basis of the recommendation. A copy will be provided to the employee. The Human Resource Office will advise the employee in writing if there is to be a pre-disciplinary hearing. The employee will also be notified in writing of the basis of the recommendation for disciplinary probation or discharge and when to meet with the City Manager to discuss the proposed disciplinary action.

F. Discipline Records. A complete record of discipline imposed and supporting materials will be placed in the employee’s personnel file.

G. Appeal Procedure. An appeal of discipline shall be considered an employee grievance and shall follow the policy guidelines contained in the grievance policy.

H. The City Manager will render a decision on the matter, generally within 14 calendar days after receipt of the appeal. The City Manager’s decision on the appeal is final and binding. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1014), 2012.]

2.62.150 Grievance resolution.

A. Purpose. To establish a human resource policy to define grievance resolution.

B. Applicability to Union Employees. The policies and procedures set forth in this chapter do not apply to employees covered by collective bargaining agreements.

C. Policy Statement. Retaliatory or discriminatory action against an employee for using this procedure or discrimination in the application of this human resource policy may constitute a violation of City policy. The purpose of this procedure is:

1. To promote full communication between the City and employees in City service by providing a reasonable method for resolving disputes regarding terms and conditions of employment between the City and an employee and/or a City-recognized employee organization;

2. To assure an employee of a prompt and fair discussion and resolution of the issue involved;

3. To provide that grievances will be settled as near to the point of origin as possible;

4. To provide a mechanism by which grievances can be resolved verbally before the initiation of a formal written procedure;

5. To enable employees to make their grievances known in an orderly process in which grievances will be heard and settled appropriately.

D. Grievance. A grievance is a written statement of a dispute regarding the interpretation and application of the human resource policies, rules and laws.

E. Department Level Discussion. When possible, any grievance arising out of employment is considered within an employee’s department.

F. Discrimination Complaints. Discrimination and harassment complaints are given to the Human Resource Office for investigation.

G. Process.

1. Employees must bring any grievance, as defined in this personnel policy, in writing to the attention of the employee’s immediate supervisor as soon as possible. If an employee fails to bring the written grievance to the attention of the immediate supervisor within seven calendar days from the date of the action or incident causing the grievance, an employee has waived the right to submit the grievance.

2. The employee’s immediate supervisor will address the grievance in writing and notify the complainant of their action or decision within a reasonable time, generally seven calendar days from the date the grievance was submitted to the supervisor. If the matter can be resolved by the employee’s immediate supervisor to the satisfaction of the employee, then the grievance will be terminated.

3. If the matter cannot be resolved by the immediate supervisor within a reasonable time, the employee may submit the written grievance to their department director. The employee may also submit the written grievance to the department director if the employee is still dissatisfied after the supervisor’s decision. The grievance will be submitted in writing to the department director within 10 calendar days from the date of the immediate supervisor’s decision, or the grievance will be terminated.

4. The department director shall confer with the complainant, the immediate supervisor, and such other persons as necessary, to gather all the facts. The department director will issue a written decision and notify the complainant of the department director’s action or decision within a reasonable time, generally seven calendar days from the date the grievance was submitted to the department director.

5. If the complainant is not satisfied after informal discussion(s) regarding the department director’s decision, the complainant may, within 10 calendar days from the date of the department director’s decision, submit a written grievance to Human Resource Office. Failure by the complainant to submit a written grievance to the City Manager within the 10-day period terminates the grievance.

6. Upon receiving the written grievance, the Human Resources within a reasonable time, generally seven calendar days, discusses the grievance with the complainant, the complainant’s representative, if any and all principals involved for the purpose of addressing the grievance. The Human Resource Office conducts any inquiry, investigation, or compilation of facts deemed necessary to assist in reaching a decision.

7. The City Manager renders a decision in writing to the complainant within a reasonable time, generally 14 calendar days from the date the City Manager receives the complainant’s written request. The City Manager also gives copies of the decision to the complainant’s immediate supervisor and department director. The decision of the City Manager is final.

8. The timelines referenced above for management level decisions may be extended by management based on the complexity of the issues and/or the need for investigations. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1015), 2012.]

2.62.160 Termination.

A. Purpose. To establish a human resource policy to define termination of employment.

B. At-Will Employment. Unless specifically provided additional rights in a collective bargaining agreement, written contract or pursuant to civil service rules or statute, the employment relationship may be terminated at any time by either the City or the employee without notice and with or without cause.

C. Resignation Process. Management and exempt employees shall give the City one month’s notice. All other employees shall give two weeks’ notice; however, more notice is desirable whenever possible.

1. Each resigning employee is required to submit a letter of resignation at the time notice is given. The letter of resignation will be routed to the Human Resource Office through the department director.

2. Resignation Process for Department Directors. A department director, to be considered as having resigned in good standing, must submit a written notice of resignation to the City Manager at least 30 calendar days before the effective date of the resignation. The City Manager may authorize a resignation in good standing upon shorter notice for sufficient cause.

3. In lieu of a written letter of resignation, a department director or the City Manager may accept an oral notice of resignation. The department director or City Manager shall note the date and time of the oral resignation together with any other pertinent information in a memorandum addressed to Human Resources.

4. A resignation by the employee, once offered and accepted by the department director or City Manager, may not be rescinded without the written permission of the City Manager.

D. Separation Date. In order to minimize the City’s liability, the separation date is the last workday of an employee’s employment. Exception: In the case the employee notifies the City in writing of their intent to resign, elects to work through the end of the given month, and the last day of that work month is a recognized holiday, the employee will be eligible to receive holiday pay for their last official day of employment with the City. No vacation or sick leave is accrued from that date forward. Accumulated leave may not be used to extend the effective date of separation.

E. Layoff for Lack of Work, Lack of Funds, or Reorganization. Employees may be laid off by the City Manager because of a change in duties or reorganization, elimination of a position, shortage of work or funds, contracting out City services, or completion of work for which employment was created.

1. Layoff Order. The order of layoff of regular employees is based, in part, on the recommendation of the department director. In preparing a recommended order of layoff, the department director may consider the lengths of service and the job performances of the employees involved. The final decision shall be determined by the City Manager.

2. Preference for employees to be retained will be given to those employees deemed most capable of performing the remaining work duties based upon an assessment by the department director and the final decision of the City Manager.

3. Notifications. In cases involving a regular full-time or regular part-time employee, notice of layoff is given to the employee within a reasonable time, generally at least 14 calendar days before the effective date of termination. These terminations are not subject to appeal.

F. Reinstatement from Layoff. The names of regular full-time and regular part-time employees are placed on the official layoff reinstatement list for a period of 12 months. Employees on a layoff reinstatement list are eligible for reinstatement to the same classification if a position comes open. Employees on the layoff list may also be considered for any open position for which they meet the minimum qualifications. Laid-off employees are recalled in the inverse order to the layoff with consideration given to qualifications. Laid-off employees who are reinstated to full-time employment with the City within 12 months of the effective day of the layoff shall be reinstated with an accrual rate for vacation, sick leave, and longevity benefits as if there were no break in service.

G. Retirement. Six months prior to retirement, employees shall contact Human Resources for information and instructions regarding retirement benefits. All regular full-time and regular part-time employees in City service who retire under the provisions of any present or subsequent retirement policy or plan are treated as having been separated from City service in good standing.

H. Requirements. An employee who becomes unable to meet the physical, psychological, licensing or certification requirements of the employee’s position may be terminated from City employment. The recommendation of termination will be made by the department director to the City Manager.

I. Unused Annual Leave. Upon termination of employment for any reason other than death or retirement, such employee shall, as soon as practicable, be paid for:

1. Accrued and unused annual leave.

2. Accrued and unused compensatory time.

3. Overtime for which pay has been authorized.

4. Provided, that payment for accrued and unused annual leave shall not exceed 240 hours.

J. Return of City Property. An employee shall return to the City all equipment and/or documents belonging to the City and used by the employee during the course of his or her employment.

K. Job Abandonment. Absent extenuating circumstances deemed acceptable solely by the City Manager, an employee shall be terminated for job abandonment if they are absent from the workplace for three consecutive workdays and have not contacted their supervisor and received permission for the absence and the employee returns to work as scheduled. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1016), 2012.]

2.62.170 Substance abuse and physical or psychological examination.

A. Purpose. To establish a human resource policy to define substance abuse and physical examination.

B. The City supports a drug-free community and desires to set an example for the citizens and more particularly the youth of our City. The City will maintain a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988.

C. All City employees must submit to a drug and/or alcohol test when the City reasonably suspects the employee may be under the influence of alcohol or illegal drugs. A referral for testing will be based on reasonable observations. Any employee convicted of a State or federal drug statute conviction must notify the City within five days after the conviction.

D. Any employee who tests positive for any alcohol or illegal drugs, or prescription drugs which could negatively affect their job performance and for which they do not have a valid prescription or which they are not using as directed by their physician, or who refuses to take such test will be subject to disciplinary action including termination. In lieu of termination, the City may, at its sole discretion, provide an employee an opportunity to enter into a last chance agreement.

E. The City adopts and incorporates by reference the Omnibus Transportation Employee Testing Act of 1991, including rules 49 C.F.R. Part 382 and 49 C.F.R. Part 40.

F. Any employee who voluntarily advises their department head that they have a drug or alcohol problem and who agrees to a plan of treatment or rehabilitation shall not be subject to disciplinary action so long as they fully comply with the terms of the treatment or rehabilitation program. The treatment or rehabilitation program must be approved by the department head and the employee must agree that the provider of the program shall share with the department head periodic reports on the employee’s participation and the final results of the program. Any employee who fails to meet the terms of the program shall be subject to termination of employment with the City. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1017), 2012.]

2.62.180 Ethics, standards and personal activities.

A. Purpose. To establish a human resource policy to define ethics, standards and personal activities.

B. Policy Statement. City employees shall abide by the highest set of ethics, values, and principles in providing services to customers inside and outside of City employment. City employees shall be fair, honest, consistent, and committed to high levels of customer service and professionalism. Any employee who fails to live up to such ethical standards reflects negatively on the entire City work force.

C. General Principles. Employees shall adhere to the following principles in connection with their work for the City:

1. Employees shall not engage in financial transactions using nonpublic City government information or allow the improper use of such information to further any personal or private interest;

2. Employees shall not hold financial interests that conflict with or may appear to conflict with the conscientious performance of their duties;

3. To ensure that every citizen can have complete confidence in the integrity of the City government, each employee shall respect and adhere to the principles of ethical conduct set forth in applicable laws, policies, and regulations;

4. Employees shall not accept gifts or other items of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the City, or whose interests may be affected by the performance of the employee’s duties;

5. Employees shall put forth honest effort in the performance of their duties;

6. Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the City government;

7. Employees shall provide equal treatment to and for all;

8. Employees shall not use City equipment or property for unauthorized activities;

9. Employees shall not engage in outside employment or activities that conflict with official assigned City job duties and responsibilities;

10. Employees shall not refuse to pay any City related debt or obligation;

11. Employees shall adhere to all laws and regulations that provide equal opportunity for all citizens and City employees regardless of race, color, religion, sex, national origin, age, sexual orientation, marital status, disability, or other legally protected status;

12. Employees are expected put in a full day’s work; excessive socializing with other employees shall not be tolerated and all employees shall be responsible to control this type of behavior so as to minimize interruptions during the workday;

13. Employees have the right to work in an environment where mutual respect and consideration are shown among all employees, officials and with the public. The City expects that employees shall conduct themselves in a respectful and professional manner in the workplace and avoid any behavior that may be construed to be harassing, menacing, demeaning, and/or of a violent nature;

14. Employees are expected to be at work on time unless they have provided an excuse to their immediate supervisor prior to reporting late for work;

15. Employees are to recognize and respect the authority of their supervisors, department heads and the City Manager and strive to follow the chain of command at all times where practical.

D. Employees who violate these principles will be subject to disciplinary action up to and including termination.

E. Incompatible Personal Activities of City Employees. An employee will not engage in any off-duty employment or activity that is inconsistent, incompatible or in conflict with the employee’s duties in City service. The City Manager determines which activities are inconsistent, incompatible, or in conflict with duties in City service. Examples of prohibited activities include, but are not limited to:

1. The use of City time, facilities, equipment, or supplies for private gain or advantage;

2. The use of the badge, uniform, prestige, or influence of an employee’s position for private gain or advantage.

3. The direct or indirect solicitation or acceptance of any gratuities, loans, gifts, merchandise, meals, beverages, or any other thing of tangible value in connection with or resulting from an employee’s official position. Employees shall not use their official position, badges, or identification cards to obtain privileges not otherwise available to them; and

4. The performance of an act when an employee is off duty that may later be subject to direct or indirect control, inspection, review, audit, or enforcement by that employee of the City in the exercise of his/her City duties to the greatest extent possible.

F. Off-Duty Employment. Employees shall not, directly or indirectly, engage in any outside employment or have a financial interest which may conflict with the best interests of the City of Sunnyside or interfere with the employees’ ability to perform their assigned jobs without the prior written approval of the employee’s department head. Examples include, but are not limited to, outside employment or financial interests which:

1. Prevent the employee from being available to work beyond normal working hours, such as during emergency or peak work periods, when availability of the employee is a regular part of his/her job;

2. Are conducted during the employee’s work hours for the City of Sunnyside;

3. Are with a firm that has a contract with or does business with the City of Sunnyside; or

4. May reasonably be perceived by members of the public as a conflict of interest or otherwise a discredit to public service.

G. Political Activities of Public Employees. In compliance with RCW 42.17.130, employees may not: campaign or solicit political contributions during work hours, using public telephones or other equipment, or on City property; carry or display political material in or on publicly owned vehicles; display or distribute campaign posters, placards or other promotional materials on City-owned or operated premises; use City supplies, equipment or facilities to print, mail, or otherwise produce or distribute campaign materials; or solicit signatures for any initiative, recall or referendum campaign on publicly owned or operated premises. Employees who are seeking an elected office will not use their positions to influence another person or persons for political purposes.

H. Dress Policy. All employees shall dress in a professional manner that is consistent with their duties.

I. Employee Privacy.

1. Searches of Employees’ Property. The City shall not be responsible for any theft or damage to the personal belongings of City employees. Therefore, the City encourages its employees to avoid bringing private articles or property to work. Employees are also advised that they have no expectation of privacy with respect to personal property kept or stored on the City’s property. The City may conduct searches of employee property on the City’s property without advance notice and with probable cause. The City retains a copy of the key or combination to all locks that are provided for use by employees in the workplace. Employees who do not consent to the inspections described above may be disciplined up to and including termination.

2. Use and Surveillance of Computers and E-Mail Communications. Employees shall not gain access to another employee’s file or e-mail messages without that employee’s authority. However, employees have no right to privacy with respect to the City’s computers and computer systems. The City reserves the right to enter, search, and/or monitor its computers, e-mail system, and the files/transmission of any employee without advance notice. Authorized City personnel will have unrestricted access to information stored on computers and in the e-mail system. Therefore, no files, documents, or messages generated or received on or stored in City-owned computer equipment are private. Employees shall grant the Systems Manager permission to access their computers.

J. Reporting of Criminal or Civil Offenses by Employees. Whenever an employee is arrested or issued a citation by any law enforcement agency for any criminal or civil matter, the employee shall notify his/her department director immediately upon reporting for the next work duty shift. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1018), 2012.]

2.62.190 Workplace violence prevention.

A. Purpose. To establish a human resource policy to define workplace violence prevention.

B. Policy Statement. To establish a policy and procedure for the City of Sunnyside protecting employees from acts of workplace violence.

C. Policy. The policy of the City is to conduct its operations in an environment free of violence. Accordingly, the City has a zero-tolerance policy on workplace violence. Any form of workplace violence will not be tolerated and will be acted upon immediately. Any City employee who engages in workplace violence will be subject to discipline up to and including termination. Further, any person who visits a City facility and engages in violent and/or threatening behavior will be referred to local law enforcement and be subject to applicable laws.

1. The policy of the City is to ensure that any form of threat (direct, confrontational, or veiled) be immediately confronted/acted upon, and then documented and assessed.

2. It is not the intent of this policy to infringe upon or negate any rights afforded by the United States Constitution or the Washington State Constitution.

D. Definitions.

1. “Workplace violence” means a violent act or threatening behavior that is directed at an employee or member of the public at a work location. “Workplace violence” does not include the use of reasonable force in self-defense or the defense of others.

2. “Violent act” means any nonconsensual contact (including, but not limited to, hitting, pushing, kicking, holding or blocking the movement of another person) that results in physical harm or would cause a reasonable person to feel threatened with physical harm.

3. “Threatening behavior” means any physical or verbal communication that would cause a reasonable person to feel threatened with physical harm.

4. “Unauthorized weapon” means any firearm, knife, explosives, dangerous chemical or any object that is not necessary and authorized for a City employee’s job (e.g., commissioned police officers), and has the potential to cause substantial injury to others, as determined by the appropriate department director.

5. “Prohibited activities” include, but are not limited to, violent acts and threatening behavior; destruction of property belonging to the City or its employees; the possession or use of unauthorized weapons in or on any City premises or vehicles; frightening or menacing behaviors in the workplace including stalking or continuous unwelcome contact, in any form, by an employee towards another, and offensive comments regarding violent threats or events.

E. Procedures.

1. All City employees shall:

a. Not engage in workplace violence;

b. Not bring unauthorized weapons to work locations. For purposes of this restriction, City-owned vehicles and equipment and job sites also constitute a work location;

c. Upon suffering or witnessing prohibited activities or workplace violence:

i. Protect themselves or others based on reasonable judgment; and/or

ii. Call 9-1-1 for police assistance when necessary;

d. After being involved in a prohibited activity or witnessing workplace violence, immediately report the incident to the employee’s supervisor;

e. Immediately provide to their supervisor a copy of court-issued protective or restraining orders (either temporary or permanent) that include any City work areas/locations as protected areas; and

f. Participate in training sponsored by the City on identifying and defusing workplace problems or conflicts that could potentially lead to workplace violence.

g. Employees must give serious consideration to making their supervisor aware of potential threatening or violent situations occurring in their personal life that may become problematic for the safety and security of the workplace. The purpose for this notification is to heighten the supervisor’s awareness of any possible dangerous and preventable violent situations that may occur in the workplace.

2. All supervisors shall:

a. When workplace violence occurs, make reasonable effort to ensure that persons involved are safe;

b. Notify police when necessary;

c. Immediately provide verbal notification of incidents of prohibited activities and workplace violence to their department director and document the incident in writing as soon as practicable;

d. Provide to the department director a copy of any court-issued protective/restraining order that includes any City work areas/locations as protected areas;

e. Consult with the department director regarding communication with the affected work group and others regarding potential workplace violence situations.

3. Department directors shall:

a. Immediately upon observing or receiving a report of an incident of prohibited activity or workplace violence:

i. Make reasonable effort to ensure that persons involved are safe;

ii. Notify the police, when necessary;

iii. Ensure the incident is appropriately documented;

iv. Contact the City Manager and/or Human Resources to jointly initiate an investigation;

b. Take appropriate disciplinary action against any employee who engages in a prohibited activity or workplace violence, up to and including termination. Factors such as the nature of the conduct, past disciplinary action and work history of the employee, and other mitigating or aggravating circumstances may be considered in the disciplinary process;

c. Notify the City Manager and the Police Department of any court-issued protective/restraining order that includes any City work areas/locations as protected areas. Other staff in the location where the individual works must also be notified and advised of appropriate response; and

d. Where appropriate and in consultation with the Police Department, take steps to provide security measures at work locations where violence is anticipated or threatened.

4. The City Manager and/or Human Resources shall:

a. Review, monitor, and recommend necessary modifications to this policy to ensure its effectiveness and compliance with employment trends and laws;

b. Coordinate workplace violence prevention/awareness training for City personnel;

c. Assist department directors and supervisors in investigating incidents involving prohibited activities and workplace violence. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1019), 2012.]

2.62.200 Anti-harassment.

A. Purpose. To establish a human resource policy to define ethics, standards and personal activities.

B. Allegations of discrimination and unlawful harassment will be taken seriously by the City of Sunnyside and will be investigated promptly. The City is committed to providing a workplace free of discrimination and unlawful harassment. Discrimination and unlawful harassment in any form will not be tolerated by the City of Sunnyside.

C. Harassment consists of unwelcome conduct, and can take many forms, including slurs, comments, jokes, innuendoes, unwelcome compliments, pictures, cartoons, pranks or other verbal or physical conduct that is based on an individual’s protected status (e.g., race, sex, disability) and that:

1. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment;

2. Has the purpose or effect of unreasonably interfering with an individual’s work performance; or

3. Otherwise unreasonably affects an individual’s employment opportunity.

D. Sexual harassment is one form of prohibited harassment and occurs when the conduct described above is sexual in nature or is gender-based; that is, directed at a person because of their gender. Such offensive or objectionable behavior will reasonably be determined to constitute unlawful sexual harassment when:

1. Submission to the conduct is either an explicit or implicit term or condition of employment; or

2. Submission to or rejection of the conduct is used as a basis for employment decisions affecting the recipient; or

3. The conduct has the purpose or effect of interfering with the work performance, or creating an intimidating, hostile or offensive work environment for the recipient of the conduct; or

4. The conduct has the purpose or effect of interfering with the work performance, or creating an intimidating, hostile or offensive work environment for other employees not directly a party to the conduct in question.

E. Sexual harassment conduct may include, but is not limited to, the following types of behavior listed for illustrative purposes:

1. Using one’s position of authority to either implicitly or explicitly coerce an employee into complying with sexual favors.

2. Unwanted touching, fondling, hugging, patting, pinching, or kissing.

3. Questions or comments about a person’s lifestyle or sexual orientation.

4. Personal comments about a person’s body or appearance.

5. Jokes with sexual overtones or jokes about sexual orientation.

6. Conversations with sexual innuendo and double meanings.

7. Making unwanted comments like “sweetie, honey, doll, baby, stud, hunk, macho, etc.,” or derogatory comments like “queer, faggot, dyke, etc.”

8. Displaying sexually suggestive pictures or objects in the workplace.

9. Writing sexually oriented or derogatory comments on posters, pictures or documents in the workplace including material posted on informational bulletin boards.

10. Defacing structures, vehicles, or equipment with sexually oriented or derogatory comments.

11. Leering (suggestive or lustful) or ogling (provocative) in a sexually demeaning manner.

12. Gesturing and making lewd (suggestive, indecent) motions with one’s body.

13. Laughing at, ignoring or not seriously considering the concern of an employee who experiences sexual harassment.

14. Continuing unacceptable behavior after a co-worker has objected to it.

F. All employees have a responsibility to conduct themselves in a professional, respectful and businesslike manner at all times in the workplace and to positively contribute to providing a work environment free from discrimination and unlawful harassment. In addition, employees who observe discrimination or unlawful harassment in the workplace have an obligation to promptly report such conduct to their supervisor, department director, a Human Resources Officer or the City Manager.

G. An employee who believes that he or she is being harassed by a supervisor, co-worker, customer or contractor should speak directly to the offender firmly that their behavior is unacceptable, against policy and is unwanted. If the employee is uncomfortable with speaking directly to the offender, the offensive behavior persists, or the offender is the employee’s supervisor, the employee should communicate directly with their department director, Human Resources or the City Manager.

1. If the person accused of harassing the subordinate employee is the City Manager, the employee should bring their complaint to the Deputy City Manager, the City Attorney or the Mayor.

H. A supervisor or department director who is notified of harassment will promptly notify Human Resources.

I. Human Resources is responsible for conducting an investigation of the complaint or delegating the investigation to an appropriate party. The investigation may include, but is not limited to, any or all of the following:

1. Interviews with the parties involved.

2. Interviews with other persons who may have knowledge of or who may have observed the alleged conduct.

3. Interviews with persons who may have a working relationship with the accused person.

4. Other means determined necessary to conduct the investigation.

J. All complaints will be investigated thoroughly and promptly. To the extent possible and consistent with applicable law, complaints will be handled confidentially. Refusal to cooperate in an investigation will be grounds for discipline up to and including termination.

K. Following the investigation, if an employee is found to have discriminated or illegally harassed an employee, customer or other person having business with the City of Sunnyside, the employee will be subject to corrective action/discipline or other appropriate sanctions. Corrective action/discipline could include termination of employment.

L. An employee who is found to have deliberately made false sexual harassment allegations against another co-worker or other person having business with the City of Sunnyside will be subject to disciplinary action or other appropriate sanctions. Corrective action/discipline action could include termination of employment.

M. The City strictly prohibits retaliation or adverse action against employees because of their good faith report of harassment or participation in the investigation of alleged harassment. Individuals involved in any form of retaliatory conduct will be subject to corrective action/discipline or other appropriate sanctions. Corrective action/discipline could include termination of employment. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1020), 2012; Ord. 2012-8 § 1 (Exh. A, Pol. No. 1020), 2012.]

2.62.210 No smoking.

A. Purpose. To establish a human resource policy to define no smoking.

B. Policy Statement. The object of this policy is to provide a healthy and productive work environment for all City employees. The policy responds to the growing medical and scientific evidence showing the detrimental effects of smoking on personal health and work performance. The policy also responds to public laws related to smoking in public facilities and to the strong desire of many City employees to work in a smoke-free environment. This policy intends to provide a smoke-free work environment for all employees. It does not intend to infringe upon the personal right and decision of an employee to smoke.

C. Uniform Smoking Policy. Smoking is prohibited 24 hours of the day, every day, in all City enclosed work and common areas, facilities, and automobiles. This prohibition applies to all City officers, employees, and contractors, and to members of the general public.

1. Smoking is only allowed in designated outside areas that are at least 25 feet from building entrances and exits, windows that open, and ventilation intakes. Employees are expected to exercise common courtesy and to respect the needs and sensitivities of coworkers with regard to the smoking policy. Smokers have a special obligation to keep smoking areas litter-free.

D. Violations. Discipline may be imposed, in accordance with the human resource policy manual, on any employee who violates the City smoking policy. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1021), 2012.]

2.62.220 Whistleblowing.

A. Purpose. To establish a policy regarding the reporting of improper governmental action taken by City of Sunnyside officers and employees in accordance with the Washington State Local Government Whistleblower Act (Chapter 42.41 RCW).

B. Policy Statement. It is the policy of City of Sunnyside to encourage reporting by its employees of improper governmental action taken by City of Sunnyside officers or employees and to protect City of Sunnyside employees who have reported improper governmental actions in accordance with City of Sunnyside’s policies and procedure(s).

C. Definitions.

1. “Improper governmental action” means any action by a City of Sunnyside officer; or

a. That is undertaken in the performance of the officer’s or employee’s official duties, whether or not the action is within the scope of the employee’s employment; and

b. That (i) is in violation of any federal, State, or local law or rule, (ii) is an abuse of authority, (iii) is of substantial and specific danger to the public health or safety or (iv) is a gross waste of public funds.

c. “Improper governmental action” does not include personnel actions including, but not limited to, employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, re-employments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of collective bargaining or civil service laws, alleged violations of labor agreements or reprimands or any action that may be taken under Chapter 41.56 RCW.

2. “Retaliatory action” means any adverse change in the terms and conditions of a City of Sunnyside employee’s employment status, or the terms and conditions of employment including demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary action.

3. “Emergency” means a circumstance that if not immediately changed is reasonably likely to cause damage to persons or property.

D. To Report Improper Governmental Action.

1. City of Sunnyside employees who become aware of improper governmental actions should raise the issue first with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor, or to a person designated by the supervisor, stating in detail the basis for the employee’s reasonable belief that an improper governmental action has occurred. Where the employee reasonably believes the improper governmental action involves his or her supervisor, the employee may raise the issue directly with City Manager or such other person as may be designated by City of Sunnyside to receive reports of improper governmental action.

2. In the case of an emergency, where the employee believes that damage to persons or property is imminent, the employee may report the improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action.

3. The supervisor, City Manager or Human Resources, as the case may be, shall take prompt action to assist City of Sunnyside in properly investigating the report of improper governmental action. City of Sunnyside officers and employee(s) involved in the investigation shall keep the identity of reporting employee(s) confidential to the extent possible under law, unless the employee authorizes the disclosure of his or her identity in writing. After an investigation has been completed, the employee reporting the improper governmental action shall be advised of a summary of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential.

4. City of Sunnyside employees who fail to make a good-faith attempt to follow City of Sunnyside’s procedures in reporting improper governmental action shall not receive the protections provided by City of Sunnyside in these procedures.

E. City of Sunnyside employees who report improper governmental actions in accordance with the provisions of this policy are protected from retaliatory action as follows:

1. City of Sunnyside officials and employees are prohibited from taking retaliatory action against a City of Sunnyside employee because he or she has in good faith reported an improper governmental action in accordance with these policies and procedures.

2. Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, City Manager or the Human Resource Office. City of Sunnyside officials and supervisors shall take appropriate action to investigate and address complaints of retaliation.

3. If the employee’s supervisor, the City Manager, or Human Resource Office, as the case may be, does not satisfactorily resolve a City of Sunnyside employee’s complaint that he or she has been retaliated against in violation of this policy, City of Sunnyside employee may obtain protection under this policy and pursuant to State law by providing a written notice to the Sunnyside City Council that:

a. Specifies the alleged retaliatory action; and

b. Specifies the relief requested.

4. City of Sunnyside employees shall provide a copy of their written charge to the Sunnyside City Council no later than 30 days after the occurrence of the alleged retaliatory action. The City of Sunnyside shall respond within 30 days to the charge of retaliatory action.

5. After receiving either the response of City of Sunnyside or 30 days after the delivery of the charge to City of Sunnyside, City of Sunnyside employee may request a hearing before a State administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing should deliver the request for hearing to City Manager within the earlier of either 15 days of delivery of City of Sunnyside’s response to the charge of retaliatory action, or 45 days of delivery of the charge of retaliation to Sunnyside City Council for response.

6. Upon receipt of request for hearing, City of Sunnyside shall apply within five working days to the State Office of Administrative Hearings for an adjudicative proceeding before an administrative law judge:

Office of Administrative Hearings

P.O. Box 42488, 4224 Sixth S.E.

Rowe Six, Bldg. 1

Lacey, WA 98504-2488

(360) 459-6353

7. City of Sunnyside will consider any recommendation provided by the administrative law judge that the retaliator be disciplined, be it suspended with or without pay, or terminated.

F. The City Manager assisted by Human Resources is responsible for implementing City of Sunnyside’s policies and procedures:

1. For reporting improper governmental action and for protecting employees against retaliatory actions. This includes ensuring that this policy and these procedures are permanently posted where all employees will have reasonable access to them and are made available to any employee upon request; and

2. Officers, managers and supervisors 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 discharge.

G. Following is a list of agencies responsible for enforcing federal, State and local laws and investigating other issues involving improper governmental action. Employees having questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact the City Manager or Human Resources. Human Resources is authorized to periodically review and revise the listing of agencies to reflect changes of address and the addition or deletion of agencies charged with the responsibility to investigate improper governmental action without the need for further review and approval by the City Council.

City of Sunnyside

City of Sunnyside

City Manager’s Office

818 E. Edison Avenue

Sunnyside, WA 98944

(509) 837-3997

Sunnyside Police Department

Office of the Chief

401 Homer Street

Sunnyside, WA 98944

(509) 837-2120

Yakima County

Yakima County Sheriff’s Department

Yakima, WA 98901

1-800-572-7354

Yakima County Prosecuting Attorney

Yakima County Courthouse

Yakima, WA 98901

(509) 574-1210

State of Washington

Attorney General’s Office

Fair Practices Division

2000 Bank of California Center

900 Fourth Avenue

Seattle, WA

(206) 464-6684

State Auditor’s Office

Legislative Building

P.O. Box 40021

Olympia, WA 98504-0021

(360) 753-5280

 

State Department of Ecology

Attn: Nancy McLeod

P.O. Box 47775

Olympia, WA 98504-7775

(360) 586-5861

Human Rights Commission

402 Evergreen Plaza Bldg., FJ-41

711 South Capital Way

Olympia, WA 98504-2490

 

State Department of Health

Health Consumer Assistance

P.O. Box 4789

Olympia, WA 98504-7891

800-525-0127

Department of Labor and Industries

1305 Tacoma Avenue So.

Tacoma, WA 98402

(253) 596-3868

 

State Liquor Control Board

Department of Natural Resources

 

Department of Social and Health Services

 

United States

Department of Agriculture

Office of Inspector General

915 Second Avenue

Seattle, WA

Supervisor Auditor

(206) 553-8290

Supervisor Special Agent Investigation (206) 553-8286

Alcohol Tobacco and Firearms

Criminal Enforcement

915 Second Avenue

Seattle, WA

(206) 553-4485

 

U.S. Attorney

800 Fifth Avenue

Seattle, WA

(206) 553-7970

Department of Commerce

Office of Inspector General Office of Audits

915 Second Avenue

Seattle, WA

(206) 553-0801

 

Government Accounting Office

Fraud Hotline 800-424-5454

Consumer Product Safety Commission

Hotline 800-638-2772

 

U.S. Customs Service

Office of Enforcement

909 First Avenue

Seattle, WA

(206) 553-7531

U.S. Department of Education

Office of Inspector General

915 Second Avenue

Seattle, WA

Audits (206) 553-0657

Investigations (206) 553-1482

 

Environmental Protection Agency

Criminal Investigations

1200 Sixth Avenue

Seattle, WA

(206) 553-8306

Equal Employment Opportunity Commission

2815 Second, Suite 500

Seattle, WA

(206) 553-0968

 

Federal Emergency Management Agency

130-228th Street SW

Bothell, WA

(206) 487-4600

Federal Trade Commission

915 Second Avenue

Seattle, WA

(206) 553-4656

 

General Services Administration

915 Second Avenue

Seattle, WA

Office of Inspector General

Audits (206) 931-7650

Investigations (206) 931-7654

Law Enforcement (206) 553-0290

 

Department of Health and Human Services

Food and Drug Administration

22201-23rd Drive SE

Bothell, WA

Trade Complaints

(206) 483-4949

Office of the Regional Secretary General Counsel’s Office,

Inspector General;

Audits (206) 553-0452

Investigations (206) 553-0229

Department of Housing and Urban Development

Office of Counsel

1321 Second Avenue

Seattle, WA

(206) 553-4976

Office of Inspector General

Audits (206) 553-0270

Investigations (206) 553-0272

 

Interstate Commerce Commission

915 Second Avenue, Room 1894

Seattle, WA 98174

(206) 553-5421

Department of Interior

U.S. Fish and Wildlife Services

Division of Law Enforcement

121-107th NE

Bellevue, WA

(206) 553-5543

 

Department of Justice

Drug Enforcement Administration

220 West Mercer, Suite 300

Seattle, WA

(206) 553-5443

Department of Labor

Occupational Safety and Health (OSHA)

1111 Third Avenue, Suite 715

Seattle, WA 98101-3212

 

 

Office of Inspector General

Audits (206) 553-5930

1111 Third Avenue, Suite 780

Seattle, WA 98101-3212

 

 

Investigations (206) 553-4880

1111 Third Avenue, Suite 785

Seattle, WA 98101-3212

 

 

Office of Women’s Bureau

1111 Third Avenue, Suite 885

Seattle, WA 98101-3212

 

Mine Safety and Health Administration

117-107th NE

Bellevue, WA

(206) 553-7037

National Transportation Safety Board

19518 Pacific Highway South

Seattle, WA

(206) 764-3782

 

Nuclear Regulatory Commission

510-975-0200

Securities and Exchange Commission

915 Second Avenue

Seattle, WA 98174

(206) 553-7990

 

Department of Transportation

Office of Inspector General

915 Second Avenue

Seattle, WA 98178

(206) 553-5721

Department of Treasury

Bureau of Alcohol, Tobacco and Firearms

Law Enforcement Division

915 Second Avenue, Room 806

Seattle, WA 98174

 

Department of Veterans Affairs

Office of Inspector General

915 Second Avenue

Seattle, WA 98174

Fraud/Waste/Abuse Hotline

800-488-8244

 

[Ord. 2012-13 § 1 (Exh. A, Pol. No. 1022), 2012.]

2.62.230 Vehicle use.

A. Purpose. The purpose of this policy is to clarify the use of City vehicles by City employees; to prescribe the official circumstances under which City vehicles may be used; to regulate the use of cell phones when using a City vehicle; and direct these regulations to apply to any employee using a City vehicle, on or off the job.

B. Departments Affected. All.

C. References. RCW 46.61.667 and 46.61.668.

D. Conditions for Take Home Privilege. The City Manager will determine which City employees are authorized by virtue of position to use a City vehicle for trips back and forth to work. The standard by which this listing will be prepared will correlate to the degree of public interest served by the City employee having a City vehicle assigned for take home purposes. Where there is no preponderance of evidence to support a take home policy, then the privilege will be denied. A legitimate and clear cut need to respond to emergencies is an obvious factor to be taken into account; however, an infrequent emergency call is not sufficient justification for a take home vehicle.

E. Approved Use Standards. An employee, once approved by the City Manager for a take home vehicle, shall use the vehicle during duty hours, or off-duty hours, for the following purposes only:

1. During Duty Hours.

a. Driving associated with the official purpose of the employee’s job designation is permissible.

b. Driving to official job-related meetings in the area, after getting the advanced approval of the department director, is permissible.

c. Driving to out-of-area locations requires the approval of the City Manager if it concerns a department director. For any other employee, the department director of that employee is authorized to grant this permission if the use is for official purposes.

d. Below are authorized take home vehicles only:

i. Fire Department: Fire Chief and On Call Chief Officer.

ii. Police Department: Police Chief; Deputy Chief; K-9 Officer and Lead Task Force Officer.

iii. Public Works: Supervisor of Street; Wastewater and Water Department, providing the vehicle has barricades and all equipment needed as first responder.

The vehicle policy will have no personal use.

2. During Off-Duty Hours. Driving the vehicle to and from home to work is permissible if approved by the City Manager.

F. Restrictions on Use of City Vehicles by City Employees at All Times. The following uses are specifically forbidden:

1. Taking a City vehicle to social or recreational functions for non-City business is forbidden. The exception is when employees are scheduled on-call within the Fire Department.

2. Using a City vehicle to take children to and from school is forbidden.

3. Using a City vehicle for shopping (including side trips on the way back and forth from work) is forbidden. This does not apply to the Fire Department and Jail when a City vehicle is used to get provisions for the station/jail kitchens.

4. Taking a City vehicle home for lunch is not authorized if the employee lives outside of Sunnyside School District or City limits unless it can be shown that it would be cost effective to the City to do so. Under these circumstances, it would be necessary to obtain special permission from the City Manager, in writing, authorizing a vehicle to be taken home for lunch.

a. If out in a City vehicle at or near the lunch hour, the employee may stop at the nearest restaurant in town without violation of this policy. Or he/she may proceed home to lunch if within the City limits of Sunnyside or School District.

5. Hauling friends or strangers in a City vehicle at any time is forbidden unless there is a direct work-related requirement to do so. If in doubt, the employee should check with his/her department director.

6. Joyriding in a City vehicle during duty hours or off-duty hours is forbidden.

7. Taking a City vehicle anywhere which has no job-related connection is forbidden.

8. If not part of the usual and customary duties in a job description, using a City vehicle during work hours or off-duty hours requires the advanced approval of the employee’s department director.

G. Use of Cell Phones While Operating City Vehicles – Definitions.

1. Using a Wireless Communication Device While Driving – Hands-Free Mode. The use of a wireless communication device with a speaker phone, headset, or earpiece.

As of May 1, 2012, City employees may only use a cell phone in hands-free mode (speaker phone, headset, earpiece) while operating a moving City vehicle. Operation of a moving City vehicle while holding a wireless communications device to the ear is a violation of this policy which will result in discipline. Only the following exception will be permitted: driving an authorized emergency vehicle (those equipped with lights and sirens).

2. Sending, Reading, or Writing a Text Message While Driving. City employees are not to operate a moving City vehicle while sending, reading or writing a text message. Violation of this requirement will be grounds for discipline. The following exception will be permitted: use of a voice-activated global positioning or navigation system that is permanently affixed to the vehicle.

a. Penalties for Misuse. The penalty for misuse will depend on the nature of the infraction and may range from a letter of reprimand and up/to termination of employment. [Ord. 2012-16 § 1 (Exh. A, Pol. No. 1023), 2012; Ord. 2012-13 § 1 (Exh. A, Pol. No. 1023), 2012; Ord. 2012-10 § 1 (Exh. A, Pol. No. 1023), 2012.]

2.62.240 Electronic mail and Internet use.

A. Purpose. To establish a human resource policy to define electronic mail and Internet use.

B. Policy Statement. As an employee, you are likely to use computers extensively in your job. Rules are necessary to address this usage of computers, the Internet and the intranet.

1. Consent and Privacy Waiver. No employee shall have access to the City’s computers unless and until they have signed and delivered to the department director a consent and privacy waiver.

C. No Right to Privacy. Employees have no right to privacy with respect to the use of City-owned computers. This includes any and all e-mail correspondence sent to or from City computers along with any and all websites visited. The City has the right to inspect any and all City computers and computer systems, including e-mail accounts and computer use histories, at any time and without notice.

D. Prohibited Activities. In order to protect the City’s computer system from viruses and ensure that the software used is compatible with the City’s computers, only software purchased or approved by the City shall be installed on City computers. Before installing any software not provided by the City, employees must receive prior approval from their department director. Games and other non-business-related software shall not be installed on City computers or used during City work time.

1. Software is protected from unauthorized duplication by law. The City respects the legal rights of software developers and expects employees to do the same. No employee shall duplicate software, or otherwise use software other than in accordance with the terms of its license. Software that has been duplicated without authorization shall not be installed on City computers.

2. All City-supported Internet/intranet use is the property of the City and shall only be used for official City business purposes. E-mail, as well as voice mail, shall be used only for City business. E-mail and Internet/intranet access shall not be used to solicit for commercial ventures, religious or political causes, outside organizations or other non-job-related purposes. All electronic media communications must be professional and business-like in tone. Use of electronic media for blogging, jokes, gambling, games, Facebook, MySpace, Twitter, or discriminatory, derogatory, sexual, or otherwise inappropriate remarks is strictly prohibited. Management has the right to access all electronic media. E-mail and/or voice mail communications are not private. This does not apply to communications between legal counsel and City management pertaining to attorney client privileged and confidential information.

3. Any violation of this electronic media policy may result in disciplinary action, up to and including termination. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1024), 2012.]

2.62.250 Cellular telephone use.

A. Purpose. To establish a human resource policy to define cellular telephone use.

B. It is the policy of the City of Sunnyside to encourage the use of the most cost-effective communication methods and to effectively prepare for needed communications during emergencies. Department directors will be expected to utilize available resources in an effective manner and to monitor cell phone usage for compliance with these policies within their department.

C. Use of Personal Cell Phone While on Duty Prohibited. Employees shall not use personal cell phones or PDAs (Blackberries, iPhones, Droid, etc.) for talking, texting or browsing on the Internet while on duty, except when on an authorized break or department approval. Employees who are found to be doing so without approval shall be subject to discipline regardless of whether said conduct interferes with job duties or productivity.

D. Monthly Communications Allowance Agreement. No City employee may receive a monthly communications allowance pursuant to this section unless and until they have completed and delivered to Human Resources a monthly communications allowance agreement.

E. Monthly Communications Allowance. The communication allowance option is provided to City staff that needs to conduct business using their own personal cellular telephone. This allowance is not an entitlement related to the employee’s position, does not increase the employee’s base salary, and is a taxable benefit to the employee. This allowance is taxable because it is processed as a standard monthly amount and there is no substantiation of each individual call.

1. The communication allowance is paid through Payroll and is included in the salary/wage check or direct deposit. The allowance shows as a separate line item on the payroll earnings statement. The communication allowance cannot be paid through Accounts Payable.

2. The communication allowance is paid monthly from the time of authorization until December 31st of the current year unless a change in employment status occurs or an early termination request of the allowance is provided by the department. The allowance is effective upon receipt of an authorized form in Payroll. There is no retroactive pay for this allowance. If the form is received by the first of the month, the allowance will be effective in the month received. If the form is received after the first of the month, the allowance will be effective in the next month.

3. The total allowance amount to any one person for all personal communication devices is to be determined by department director and approved by the City Manager or designee. Amounts are rounded up to the nearest $10.00. A copy of the employee’s service provider invoice must be included when the agreement is reviewed by the supervisor and retained with the departmental copy of the agreement. The agreement form must include the employee’s cell phone number.

4. Renewals with new authorized signatures are required annually as of December 31st.

F. City-Owned Cell Phone Use Agreement. No City employee may use a City-owned cell phone unless and until the employee has completed and delivered to the department director a City-owned cell phone use agreement.

G. City-Owned Cell Phones. Recognizing that the City of Sunnyside, on occasion, will experience local emergencies that may result in the loss of normal telephone service and certain key personnel may require cellular service on a more routine basis, the City has contracted for cell phone service.

1. Cell phones shall not be used when a less costly alternative is safe, convenient, and readily available.

2. City-owned cell phones are intended to be used for official business. The Washington State Constitution prohibits the use of publicly owned property for private benefit. Employees are required to promptly reimburse the City for the cost of personal cell phone calls on City equipment. The reimbursement amount shall be calculated in a manner that exempts the usage from Internal Revenue Service guidelines for taxable fringe benefits.

a. The City of Sunnyside recognizes employees have legitimate needs to be able to contact family members to check on their welfare, ascertain that children have arrived safely at their intended destination and that they need to work beyond their normal workday. Carrying a second cell phone may also not be practical. Therefore, a City of Sunnyside employee may use a City-supplied cell phone to ascertain similar information as noted above as long as such use is de minimus in nature. The standard for de minimus use shall be calculated as a total of $50.00 per year for all calls of a personal nature. Should an employee exceed the $50.00 limit, the employee shall be responsible to reimburse the City of Sunnyside for all personal calls made on the cell phone.

3. The City recognizes that work-related or family emergencies may make the use of a cell phone by an employee desirable for personal business. This policy provides a procedure for those employees who use City cell phone service for personal calls in emergency situations. Employees shall keep such personal calls brief and to a minimum. Employees who do not choose to follow this procedure are not authorized to make or receive personal calls on City equipment or through City cell phone service and will not be issued a cell phone.

4. Each department shall review monthly cellular billing for the accounts assigned to that department to ensure compliance with the provisions of this policy. Any inappropriate charges shall be promptly collected from the employee. Repeated misuse may result in disciplinary action or denied access to cell phone use.

H. Cellular Telephone Equipment Acquisition/Maintenance. All City-owned cellular equipment shall be acquired in accordance with the City’s budget/purchasing policies and procedures. Such equipment shall be owned and maintained by the City.

I. Cellular Telephone Inventory of Equipment/Service. A current listing of all City-owned cellular telephone equipment will be maintained within each department. The listing shall contain the phone number and a point of contact for the department and may contain the employee to whom the phone is assigned. Departments shall provide copies of their listing to the Finance Department in order to maintain a City-wide, current master listing and to the Police Department for emergency use.

J. Other Procedural Issues. Department directors shall review employee requests under this policy to ensure that the employee has reviewed, understands, and has access to this policy. If the request meets the appropriate criteria, the appropriate agreement will be signed by the department director, employee, and City Manager. The agreement will then be distributed as indicated on the sample form. Any agreement or contract with the vendor must be processed in accordance with the purchasing manual, which gives authority to the City Manager to execute agreements or contracts. Regular review of cell telephone service invoices by a knowledgeable individual in the department is essential to ensure proper use of this program.

1. The Finance Department shall set up procedures and files necessary for the proper execution of this policy, distribute invoices and receive payments, coordinate the program with service providers, and monitor the program for proper use.

2. The department director will file the original employee agreements in the appropriate personnel file and ensure that the Finance Department is alerted before processing termination or retirement papers for an employee with a cell phone agreement in their personnel file.

K. City of Sunnyside employees shall not use their personal cell phone, PDA or other communication device and/or a City-supplied device to text or talk while driving a vehicle unless they are exempted by State law. Failure to comply with this requirement may subject the employee to potential disciplinary action including termination. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1025), 2012.]

2.62.260 Records, reports and notices.

A. Purpose. To establish a human resource policy to define records, reports and notices.

B. Purpose for Maintaining Personnel Records. Objectives for maintaining adequate personnel records and reports are:

1. To demonstrate that legal, regulatory, and procedural requirements for all personnel actions have been satisfied;

2. To provide a basis for making decisions involved in personnel actions;

3. To provide a basis for reports on personnel activities;

4. To document the attainment of employees’ educational, development and training goals; and

5. To maintain security and confidentiality of information to the degree possible and appropriate.

C. Notice of Employee Change of Status. Every appointment, transfer, promotion, demotion, change in compensation, resignation, suspension, vacancy, leave of absence, official reprimand, commendation, address change, name change, reclassification, and all other temporary or permanent changes in status of employment is reported on a proper form with original documents attached.

1. Change of Personal Information. Employees are responsible for keeping their personnel records up to date by notifying Human Resources in writing of any personal information changes to the following information: name, address, telephone number, marital status (for benefits and tax withholding purposes only), addresses and telephone numbers of dependents and spouse or former spouse (for insurance purposes only), beneficiary designations for any of the City’s insurance, disability, retirement, and deferred compensation plans, and persons to be notified in case of emergency. Failure to do so may delay or have an adverse effect on the timely receipt of correspondence being mailed, insurance coverage, and/or accurate assessment of premium rates for the City.

2. Change in Licensing. Employees are responsible for notifying their supervisor at the beginning of the next scheduled working day of any change of license or certification status that is required by the employee’s job description.

D. Personnel Files. Human Resources maintains complete personnel files for all City of Sunnyside employees showing each employee’s name, address, classification title, position, compensation, assigned department, changes in pay rates, employment status, license and certification status, performance appraisals, commendations, official disciplinary actions and other pertinent information, in addition to records for each employee’s vacation leave, sick leave, administrative leave, compensatory time, and compensation schedules. Human Resources will determine the form and manner in which this information will be maintained.

1. Separate files for confidential medical-related information will be maintained.

E. Employees may review the contents of their own central personnel file. Inspection requests may be made to the human resources department, which will set aside a time and place for the employee to review the file during normal business hours.

F. Personnel files are kept confidential to the maximum extent permitted by law. As a general rule, only the employee, the employee’s supervisor and department head, the human resource staff, the City’s attorney and the City Manager have access.

1. Human Resources shall maintain a log noting the date, time, name of the person accessing the personnel file and the reason for such access.

G. All personnel records of employees of the City of Sunnyside shall be considered the property of the City of Sunnyside. As such, the City shall be responsible for maintaining the personnel files of City employees.

H. Personnel files will be audited by the Human Resources staff periodically to ensure the completeness of information. Documents removed from the files will be returned to the employee.

I. Departments and/or divisions may create and maintain working files for the convenience of the department/division. Department working files may not substitute for the employee’s central personnel file and are not to be regarded as an official file of the City of Sunnyside. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1026), 2012.]

2.62.270 Employee performance evaluation.

A. Purpose. To establish a policy regarding regular employee performance evaluations to provide a continuous, ongoing process of observing and reviewing work performance.

B. The goals of employee performance evaluations are:

1. To provide a formal opportunity for the employee and supervisor to communicate regarding the employee’s performance in relation to the job requirements.

2. To provide an opportunity for the employee and supervisor, on an annual basis, to discuss goals and objectives for future performance including needed employee training.

3. To provide the employee an opportunity to raise issues regarding desired training, employee concerns and other related matters.

4. To provide a continuous record of employee development and performance as a basis for informed personnel decisions such as merit step increases, promotions, reductions in force, disciplinary actions and other related matters.

C. The City Manager, with Human Resources, shall authorize the forms approved for use in all employee performance evaluations. On an annual basis, the City Manager shall review the authorized performance evaluation form(s) for revision or modification.

D. Should an employee feel that their performance evaluation is not fair and accurate they may appeal the evaluation to Human Resources. The appeal must be filed within five days from the employee’s receipt of their evaluation from the supervisor. The City Manager will consider facts and evidence submitted by the employee together with the supervisor’s evaluation of the employee and other pertinent matters prior to rendering a decision.

E. If an employee’s appeal is denied by the City Manager, the employee may submit a written statement for inclusion with the evaluation in their personnel file. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1027), 2012.]

2.62.280 Employee recognition program.

A. Purpose. To establish a policy regarding a program to acknowledge and reward City of Sunnyside employees in the areas of regular service and outstanding performance.

B. Recognition of work and service by the employees of City of Sunnyside is a vital and necessary component in creating a positive work environment. It benefits not only the employee and City of Sunnyside but also the general public by encouraging greater service to the public.

C. The employee recognition system shall provide recognition for an employee with over five years of service to City of Sunnyside and recognition of work performance that is over and beyond normal expectations.

D. The City Manager is specifically authorized to provide for the expenditure of City of Sunnyside funds, as provided in the annual budget, for the employee recognition program including the purchase of employee recognition awards such as pins, mugs, gift certificates, plaques, vests, jackets, or similar awards provided no single award shall exceed a cost of $50.00.

E. A City of Sunnyside employee who has been recognized by an outside organization for their work-related service to the community may accept any honorary award that is given in recognition of such outstanding service. An employee may not accept a cash award as part of any award in connection with the performance of their regular duties as an employee of City of Sunnyside. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1028), 2012.]

2.62.290 Nepotism.

A. Purpose. To establish a policy regarding nepotism during employment with the City of Sunnyside.

B. A person will not be hired or appointed as a regular, temporary/seasonal, or project employee under any of the following circumstances:

1. Where one employee would have the authority or power to supervise, appoint, remove or discipline a family member, or effective power to recommend such action.

2. Where an employee would be responsible for auditing, adjusting and/or modifying the work of a family member.

3. Where other circumstances might lead to an actual or reasonable potential conflict of interest among two family members or between the interest of one or both of the family members and the best interests of the City of Sunnyside.

C. A family member will be defined as domestic partner, father, mother, brother, sister, son, daughter, spouse, grandparent, grandchild, uncle, aunt, niece, nephew, cousin, brother-in-law, sister-in-law, mother-in-law, and father-in-law. Stepparents or stepchildren will be considered the same as natural parents or children.

D. Promotion, transfer, or other employment actions shall not be approved in violation of this policy. If marriage or other familial changes result in a violation of this policy, one of the affected employees must be transferred as soon as reasonably possibly after the relationship is established or becomes known. If there is no open position allowing for a transfer, one of the employees’ employment will be terminated.

E. Employees who violate this policy will be subject to discipline, up to and including termination. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1029), 2012; Ord. 2012-8 § 1 (Exh. A, Pol. No. 1029), 2012.]

2.62.300 Reasonable accommodation for disabilities.

A. Purpose. To establish a policy regarding reasonable accommodation for applicants or employees who have or are perceived as having a sensory, mental, or physical impairment or disability.

B. The City of Sunnyside will not discriminate against applicants or employees who have a sensory, mental, or physical impairment or disability. As long as the reasonable accommodation will not result in an undue hardship to the City of Sunnyside, the City will make the determination if a reasonable accommodation would cause an undue hardship to the City after consultation between the department head, the ADA Compliance Officer and the City Manager.

C. Applicants or employees who seek accommodation should notify Human Resources as soon as reasonably practicable. The City of Sunnyside will make every effort to reasonably accommodate an employee’s impairment or disability so they can participate in the application process and/or perform the essential functions of the job.

D. Reasonable accommodation means measures that:

1. Enable equal opportunity in the application process;

2. Enable the proper performance of the particular job held or desired;

3. Enable the enjoyment of equal benefits, privileges, or terms and conditions of employment;

4. Possible examples of reasonable accommodation may include, but are not limited to:

a. Adjustments in job duties, work schedules, or scope of work;

b. Changes in the job setting or conditions of work;

c. Informing the employee of vacant positions and considering the employee for those positions for which the employee is qualified.

E. If an employee is dissatisfied with the reasonable accommodation offered, he or she may raise any concerns with the Human Resources Office, which will confer with the City Manager as to whether alternative accommodations are reasonable.

F. When the disability cannot be reasonably accommodated and/or the disability prevents the proper performance of an essential element of the job, with or without reasonable accommodation, the City of Sunnyside reserves the right to take action, including the right to reject the applicant and/or discharge the employee. In the case of an employee who cannot be reasonably accommodated in his/her current position, the City of Sunnyside will work with the employee to evaluate whether there are any other vacant positions for which the employee is qualified, and will proceed with a discharge only if there are no other such positions acceptable to the employee. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1030), 2012.]

2.62.310 Workplace requirements/code of conduct.

A. Purpose. To establish a policy regarding general workplace requirements and code of conduct for employees.

B. All City of Sunnyside employees are expected to familiarize themselves with the policies, procedures, rules and regulations governing their work as employees. It is incumbent on all employees that they comply with all lawful policies, procedures, rules and regulations covering their performance in the workplace.

C. In general, no employee may use, give away, trade or sell any City of Sunnyside equipment, tools, material, merchandise or property for non-City of Sunnyside purposes. All tools, equipment, materials, maps, plans, literature, digital and other images, etc., bought or given to City of Sunnyside or built, drawn or written on City of Sunnyside work time are the property of City of Sunnyside.

D. An employee shall not accept compensation (other than compensation from City of Sunnyside) or gift for any labor, advice, supervision or courtesy performed during working hours or on behalf of City of Sunnyside. A minor gift such as a fruit basket at holiday time or similar event shall be permitted provided it is either shared with employees in the workplace or with the general public. This section shall not apply to SMC 2.62.280, Employee recognition program.

E. Regular and punctual attendance at work is required of all employees. Each supervisor is responsible for the punctual attendance of his/her employees and is authorized to discipline in accordance with City of Sunnyside policy to correct the performance of any employee who fails to demonstrate regular and punctual attendance.

F. A neat, professional appearance is a requirement and it is expected that all employees will exercise good judgment and dress appropriately for their jobs. When an employee’s dress is unacceptable, the normal response should be to discuss the matter with the employee. If counseling fails to bring the desired response, the supervisor may initiate disciplinary action. Unacceptable dress may include: halter tops, tank tops, tube tops, cutoffs, midriff length or off-the-shoulder tops, bare feet, transparent, dirty, stained, ripped or tight garments, hats, offensive visible tattoos, or t-shirts with messages, photos, graphics deemed unsuitable for a workplace.

G. If employees find a hazardous or unsanitary condition in a park or facility or a condition such as graffiti that could be generally regarded as obscene or could create the potential for an unsafe condition, they should seek to remedy the situation and promptly report it to their supervisor. Examples of such conditions include, but are not limited to, obscene literature and drawings on buildings or walks, unsanitary restrooms, broken glass, etc. If the unsafe or unsanitary condition cannot be taken care of immediately, the area should be closed or blocked off and the supervisor notified. Employees acting in good faith shall not be penalized for acting beyond the scope of their usual responsibility provided they have promptly and in a timely manner notified their supervisor of the actions taken and the status of the situation.

H. Employees are expected to report to work without being accompanied by children or family members. Employees must take time off from work subject to City of Sunnyside leave policies should they need to care for children or other family members.

I. Work schedules for all employees shall be determined by City of Sunnyside to best utilize City of Sunnyside assets and resources in a cost-effective and efficient manner to provide services to the public.

J. In the performance of their respective tasks and duties all employees are expected to conform to the following:

1. Perform quality work within deadlines with or without direct supervision.

2. Interact professionally with other employees, customers and suppliers in a courteous and respectful manner.

3. Work effectively as a team contributor on all assignments. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1031), 2012.]

2.62.320 Amendments to personnel policies.

A. Purpose. To establish a human resource policy to define amendments to the personnel policies.

B. Policy Statement. The City is obligated to its citizens to recruit and hire the most talented and qualified employees. To that end, the City recruits, as widely as practicable, for each position, and informs and encourages its employees to apply for City vacancies, and to develop continually their own skill base to enhance their competence and competitiveness.

C. Amendments to the Personnel Policy. The City Council may amend, change, and revise this personnel policy. The City Manager will provide written notice to the affected employees.

1. Employee Recommendations. Any employee may suggest an amendment, change, or revision to the personnel policy by submitting suggestions in writing to the City Manager.

2. The City Manager may forward the suggestion, along with a recommendation, to the City Council for final disposition.

3. All amendments, changes, and revisions are made available to all City employees in the manner and form approved by the City Manager.

D. Saving Clause. If any section, subsection, paragraph, sentence, or phrase of the personnel policy is found by a court to be invalid or unconstitutional, such findings shall not affect the remainder of this personnel policy. [Ord. 2012-13 § 1 (Exh. A, Pol. No. 1032), 2012.]

Article II. Random Drug Testing

2.62.330 Program adoption.

The City Council adopts and approves implementation of a random drug testing program for members of the City Council, and boards and commissions of the City of Sunnyside, and for all management and nonrepresented employees, full-time and part-time, of the City of Sunnyside. Any elected official or volunteer board or commission member who tests positive shall be removed from office, and any management, part-time, and nonrepresented employee who tests positive shall be subject to disciplinary action up to and including termination of employment. [Ord. 2165 § 1, 2007.]

2.62.340 Implementation.

The City Manager is hereby authorized to implement a random drug testing program applicable to members of the City Council, commissions and boards of the City of Sunnyside, and such management and nonrepresented employees of the City of Sunnyside. [Ord. 2165 § 2, 2007.]

2.62.350 Notification and protocol.

The City Manager is authorized to prepare and publish notification and protocol for such testing program to all affected personnel and to incorporate or reference such testing program, protocol and policies within the City Council rules of procedure and other publication or procedures deemed necessary or appropriate. [Ord. 2165 § 3, 2007.]