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2012.11.27 CC Agenda Packet AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds NOVEMBER 27, 2012 6:45 P.M. CALL TO ORDER / FLAG SALUTE 1.(5 Minutes)Roll Call 2.(15 Minutes)Meet with candidate for appointment to the Sister City Commission. 3.(5 Minutes)Approval of Agenda 4.(5 Minutes)Approval of Consent Agenda Items A.AM-5288 Approval of claim checks #135520 through #135609 dated November 21, 2012 for $656,798.15 (replacement check #135584 $200.00). Approval of payroll direct deposit & checks #51801 through #51813 and check #51968 for $483,976.58, benefit checks #51814 through #51821 and wire payments of $231,012.87 for the period November 1, 2012 through November 15, 2012. B.AM-5289 Approval of payments for Holiday buy back days (check #51873 through #51928) for Law Enforcement Commissioned Employees & Law Enforcement Support Service Employees in the amount of $134,224.84, Retroactive pay (check #51822 through #51872) and Kelly buy back (check #51929 through #51967) for Law Enforcement Commissioned Employees in the amounts of $45,205.09 and $40,555.09, respectively per union contracts. C.AM-5286 Acknowledge receipt of a Claim for Damages from Donald B. Goldsmith ($2,528.64). D.AM-5269 Confirmation of Sister City Commission Candidate Roy Olitt. E.AM-5287 Voluntary Separation Incentive Program (VSIP) Separation Agreements 5.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings Packet Page 1 of 248 6.(30 Minutes) AM-5293 Resolution initiating a proposal for a Business Improvement District within a portion of the City of Edmonds. 7.(30 Minutes) AM-5290 Nonrepresented Compensation Policy 8.(30 Minutes) AM-5291 Review of Nonrepresented Job Descriptions 9.(30 Minutes) AM-5292 Personnel Policy Review 10.(15 Minutes)Report on outside Board and Committee Meetings. 11.(5 Minutes)Mayor's Comments 12.(15 Minutes)Council Comments ADJOURN Packet Page 2 of 248 AM-5288 4. A. City Council Meeting Meeting Date:11/27/2012 Time:Consent Submitted For:Shawn Hunstock Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type: Action Information Subject Title Approval of claim checks #135520 through #135609 dated November 21, 2012 for $656,798.15 (replacement check #135584 $200.00). Approval of payroll direct deposit & checks #51801 through #51813 and check #51968 for $483,976.58, benefit checks #51814 through #51821 and wire payments of $231,012.87 for the period November 1, 2012 through November 15, 2012. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2012 Revenue: Expenditure:1,371,787.60 Fiscal Impact: Claims $656,798.15 Claims reissued check $200.00 Payroll Employee checks and direct deposit $483,976.58 Payroll Benefit checks and wire payments $231,012.87 Total Payroll $714,989.45 Attachments Packet Page 3 of 248 Payroll Summary Nov 1-15 Payroll Benefit Nov 1-15 Claim cks 11-21-12 Project Number 11-21-12 Payroll additonal check Form Review Inbox Reviewed By Date Finance Shawn Hunstock 11/20/2012 03:34 PM City Clerk Sandy Chase 11/20/2012 03:42 PM Mayor Dave Earling 11/20/2012 03:49 PM Finalize for Agenda Sandy Chase 11/20/2012 03:58 PM Form Started By: Nori Jacobson Started On: 11/20/2012 07:57 AM Final Approval Date: 11/20/2012 Packet Page 4 of 248 Payroll Earnings Summary Report City of Edmonds Pay Period: 560 (11/01/2012 to 11/15/2012) Hours AmountHour Type Hour Class Description 111 8.00 0.00NO PAY LEAVEABSENT 112 159.00 0.00NO PAY NON HIREDABSENT 121 564.45 18,380.94SICK LEAVESICK 122 907.00 31,739.60VACATIONVACATION 123 56.25 1,987.49HOLIDAY HOURSHOLIDAY 124 51.25 1,537.54FLOATER HOLIDAYHOLIDAY 125 67.00 2,051.52COMPENSATORY TIMECOMP HOURS 129 178.50 6,555.40Police Sick Leave L & ISICK 130 39.00 1,295.76Holiday Compensation UsedCOMP HOURS 131 10.00 374.28MILITARY LEAVEMILITARY 150 178.30 6,357.93Kelly Day UsedREGULAR HOURS 155 61.38 2,488.28COMPTIME AUTO PAYCOMP HOURS 157 781.24 27,933.82SICK LEAVE PAYOFFSICK 158 390.32 14,000.15VACATION PAYOFFVACATION 190 14,414.00 474,566.24REGULAR HOURSREGULAR HOURS 195 128.00 4,639.21ADMINISTRATIVE LEAVEREGULAR HOURS 196 163.50 5,755.04LIGHT DUTYREGULAR HOURS 210 136.38 5,310.66OVERTIME-STRAIGHTOVERTIME HOURS 215 72.00 3,228.79WATER WATCH STANDBYOVERTIME HOURS 216 7.00 660.56STANDBY TREATMENT PLANTMISCELLANEOUS 220 221.00 12,330.17OVERTIME 1.5OVERTIME HOURS 225 15.50 929.22OVERTIME-DOUBLEOVERTIME HOURS 410 0.00 445.28WORKING OUT OF CLASSMISCELLANEOUS 411 0.00 783.91SHIFT DIFFERENTIALSHIFT DIFFERENTIAL 600 0.00 871.14RETROACTIVE PAYRETROACTIVE PAY 602 87.25 0.00ACCRUED COMPCOMP HOURS 603 37.00 0.00Holiday Comp 1.0COMP HOURS 604 93.75 0.00ACCRUED COMP TIMECOMP HOURS 606 11.00 0.00ACCRUED COMP TIMECOMP HOURS 904 0.00 30,336.84Lump-Sum PayoutMISCELLANEOUS acc 0.00 23.10ACCREDITATION PAYMISCELLANEOUS acs 0.00 155.51ACCRED/POLICE SUPPORTMISCELLANEOUS boc 0.00 78.48BOC II CertificationMISCELLANEOUS 11/19/2012 Page 1 of 2 Packet Page 5 of 248 Payroll Earnings Summary Report City of Edmonds Pay Period: 560 (11/01/2012 to 11/15/2012) Hours AmountHour Type Hour Class Description cpl 0.00 134.74TRAINING CORPORALMISCELLANEOUS crt 0.00 667.88CERTIFICATION III PAYMISCELLANEOUS det 0.00 94.01DETECTIVE PAYMISCELLANEOUS det4 0.00 780.22Detective 4%MISCELLANEOUS ed1 0.00 764.81EDUCATION PAY 2%EDUCATION PAY ed2 0.00 817.78EDUCATION PAY 4%EDUCATION PAY ed3 0.00 5,217.93EDUCATION PAY 6%EDUCATION PAY fmlc 44.00 1,555.99Family Medical Leave-Comp UsedCOMP HOURS fmls 143.00 4,477.38FAMILY MEDICAL/SICKSICK fmlv 65.50 2,344.86Family Medical Leave VacationVACATION hol 1,130.80 37,066.39HOLIDAYHOLIDAY k9 0.00 202.12K-9 PAYMISCELLANEOUS lg1 0.00 1,992.49LONGEVITY PAY 2%LONGEVITY PAY lg2 0.00 1,368.88LONGEVITY PAY 4%LONGEVITY PAY lg3 0.00 4,981.98LONGEVITY 6%LONGEVITY PAY lg4 0.00 514.81Longevity 1%LONGEVITY lg5 0.00 65.67Longevity 3%LONGEVITY lg6 0.00 250.21Longevity .5%LONGEVITY lg7 0.00 434.83Longevity 1.5%LONGEVITY lgh 0.00 0.00Longevity HourlyLONGEVITY mtc 0.00 188.02MOTORCYCLE PAYMISCELLANEOUS ooc 0.00 248.635% OUT OF CLASSMISCELLANEOUS pds 0.00 43.78Public Disclosure SpecialistMISCELLANEOUS phy 0.00 1,719.45PHYSICAL FITNESS PAYMISCELLANEOUS prof 0.00 144.12PROFESSIONAL STANDARDS SERGEANMISCELLANEOUS sdp 0.00 271.58SPECIAL DUTY PAY 5%MISCELLANEOUS sgt 0.00 144.12ADMINISTRATIVE SERGEANTMISCELLANEOUS slw 811.47 0.00SICK LEAVE ADD BACKSICK traf 0.00 296.11TRAFFICMISCELLANEOUS Total Net Pay:$483,386.99 $721,605.65 21,032.84 11/19/2012 Page 2 of 2 Packet Page 6 of 248 Benefit Checks Summary Report City of Edmonds Pay Period: 560 - 11/01/2012 to 11/15/2012 Bank: front - Union Bank Direct DepositCheck AmtNamePayee #DateCheck # 51814 11/20/2012 mebt AST TTEE 79,669.56 0.00 51815 11/20/2012 epoa2 EPOA-POLICE 2,218.50 0.00 51816 11/20/2012 epoa3 EPOA-POLICE SUPPORT 301.50 0.00 51817 11/20/2012 flex FLEX-PLAN SERVICES, INC 464.17 0.00 51818 11/20/2012 pb NATIONWIDE RETIREMENT SOLUTION 36,541.90 0.00 51819 11/20/2012 teams TEAMSTERS LOCAL 763 4,156.50 0.00 51820 11/20/2012 icma VANTAGE TRANSFER AGENTS 304884 1,726.33 0.00 51821 11/20/2012 wadc WASHINGTON STATE TREASURER 16,001.00 0.00 141,079.46 0.00 Bank: wire - FRONTIER BANK Direct DepositCheck AmtNamePayee #DateCheck # 1971 11/20/2012 front FRONTIER BANK 89,560.51 0.00 1973 11/20/2012 flex FLEX-PLAN SERVICES, INC 164.40 0.00 1974 11/20/2012 oe OFFICE OF SUPPORT ENFORCEMENT 208.50 0.00 89,933.41 0.00 231,012.87 0.00Grand Totals: Page 1 of 111/19/2012 Packet Page 7 of 248 11/20/2012 Voucher List City of Edmonds 1 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135520 11/21/2012 069803 AIRVAC 12588 FS 20 - 4-Stage Filter Paks FS 20 - 4-Stage Filter Paks 001.000.651.519.920.310.00 1,460.00 Freight 001.000.651.519.920.310.00 208.00 Total :1,668.00 135521 11/21/2012 000850 ALDERWOOD WATER DISTRICT 9232 MONTHLY WHOLESALE WATER CHARGES MONTHLY WHOLESALE WATER CHARGES 411.000.654.534.800.330.00 131,367.01 Total :131,367.01 135522 11/21/2012 061540 ALLIED WASTE SERVICES 3-0197-0800478 FIRE STATION #20 23009 88TH AVE W FIRE STATION #20 23009 88TH AVE W 001.000.651.519.920.470.00 137.33 PUBLIC WORKS OMC 7110 210TH ST SW3-0197-0800897 PUBLIC WORKS OMC 7110 210TH ST SW 001.000.650.519.910.470.00 27.57 PUBLIC WORKS OMC 7110 210TH ST SW 111.000.653.542.900.470.00 104.75 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.654.534.800.470.00 104.75 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.655.535.800.470.00 104.75 PUBLIC WORKS OMC 7110 210TH ST SW 511.000.657.548.680.470.00 104.75 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.652.542.900.470.00 104.74 FIRE STATION #16 8429 196TH ST SW3-0197-0801132 FIRE STATION #16 8429 196TH ST SW 001.000.651.519.920.470.00 146.81 CLUBHOUSE 6801 N MEADOWDALE RD3-0197-0829729 CLUBHOUSE 6801 N MEADOWDALE RD 001.000.651.519.920.470.00 64.98 1Page: Packet Page 8 of 248 11/20/2012 Voucher List City of Edmonds 2 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :900.4313552211/21/2012 061540 061540 ALLIED WASTE SERVICES 135523 11/21/2012 068857 AMEC EARTH & ENVIRONMENTAL INC K11572091 E9FB.SERVICES THRU 10/26/12 E9FB.Services thru 10/26/12 412.200.630.594.320.410.00 562.36 Total :562.36 135524 11/21/2012 069751 ARAMARK UNIFORM SERVICES 655-6500877 UNIFORM SERVICES UNIFORM SERVICES 001.000.640.576.800.240.00 28.22 9.5% Sales Tax 001.000.640.576.800.240.00 2.68 Total :30.90 135525 11/21/2012 071124 ASSOCIATED PETROLEUM 0365340-IN Fleet - Regular Unleaded 8,000 Gal Fleet - Regular Unleaded 8,000 Gal 511.000.657.548.680.340.11 21,006.40 WA St Excise Tax Gas, WA Oil Spill 511.000.657.548.680.340.11 3,168.64 Diesel 1,800 Gal 511.000.657.548.680.340.10 5,970.96 WA St Excise Tax Gas, WA Oil Spill 511.000.657.548.680.340.10 722.02 Bio-Diesel - 200 Gal 511.000.657.548.680.340.13 1,008.94 WA St Excise Tax Gas, WA Oil Spill 511.000.657.548.680.340.13 82.64 WA State Svc Fees 511.000.657.548.680.340.13 50.00 9.5% Sales Tax 511.000.657.548.680.340.13 4.75 Total :32,014.35 135526 11/21/2012 069120 AST CAPITAL TRUST COMPANY Sittauer-MEBT MEBT CONTRIBUTION FROM SITTAUER MEBT contribution for sittauer, 511.000.657.548.680.110.00 365.76 2Page: Packet Page 9 of 248 11/20/2012 Voucher List City of Edmonds 3 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135526 11/21/2012 (Continued)069120 AST CAPITAL TRUST COMPANY MEBT contribution for sittauer, 511.000.657.548.680.230.00 365.57 Total :731.33 135527 11/21/2012 070305 AUTOMATIC FUNDS TRANSFER 67086 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #500 Printing 411.000.652.542.900.490.00 37.13 UB Outsourcing area #500 Printing 411.000.654.534.800.490.00 37.13 UB Outsourcing area #500 Printing 411.000.655.535.800.490.00 38.24 UB Outsourcing area #500 Postage 411.000.654.534.800.420.00 124.77 UB Outsourcing area #500 Postage 411.000.655.535.800.420.00 124.77 9.5% Sales Tax 411.000.652.542.900.490.00 3.53 9.5% Sales Tax 411.000.654.534.800.490.00 3.53 9.5% Sales Tax 411.000.655.535.800.490.00 3.63 Total :372.73 135528 11/21/2012 001702 AWC EMPLOY BENEFIT TRUST December 2012 AWC DECEMBER 2012 AWC PREMIUMS 12-12 Fire Pension Premiums 617.000.510.522.200.230.00 4,011.32 12-12 Retirees Premiums 009.000.390.517.370.230.00 26,643.73 12-12 AWC Premiums 811.000.000.231.510.000.00 255,066.48 Total :285,721.53 135529 11/21/2012 074274 BABCOCK, MATTHEW BABCOCK 11/09/2012 FLOWER POLE ARTWORK DESIGN FLOWER POLE ARTWORK DESIGN 117.200.640.575.500.410.00 300.00 3Page: Packet Page 10 of 248 11/20/2012 Voucher List City of Edmonds 4 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :300.0013552911/21/2012 074274 074274 BABCOCK, MATTHEW 135530 11/21/2012 002500 BLUMENTHAL UNIFORMS & EQUIP 953437 INV#953437 - EDMONDS PD -RICHARDSON CLOTH NAMETAG "RICHARDSON" 001.000.410.521.220.240.00 4.95 9.5% Sales Tax 001.000.410.521.220.240.00 0.47 Total :5.42 135531 11/21/2012 074229 BONNIE AUBUCHON AuBuchon 16172 JOY OF ART JOY OF ART 16172 001.000.640.574.200.410.00 165.00 Total :165.00 135532 11/21/2012 074270 BRUCE & CHRISTINE CRISE 4-03500 #4202-1974350 UTILITY REFUND #4202-1974350 Utility Refund due to 411.000.000.233.000.000.00 79.63 Total :79.63 135533 11/21/2012 073029 CANON FINANCIAL SERVICES 12322725 CITY CLERK'S COPIER LEASE Lease City Clerk's Copier 001.000.250.514.300.450.00 466.97 9.5% Sales Tax 001.000.250.514.300.450.00 44.36 RECEPTIONIST DESK COPIER LEASE12322727 Recept. desk Copier Lease 001.000.250.514.300.450.00 20.11 9.5% Sales Tax 001.000.250.514.300.450.00 1.91 Total :533.35 135534 11/21/2012 019215 CITY OF LYNNWOOD 9762 INV#9762 CUST#47 -EDMONDS PD NARCOTICS SGT JULY-SEPT 2012 104.000.410.521.210.510.00 9,794.64 Total :9,794.64 135535 11/21/2012 004095 COASTWIDE LABS W2491361 Fac Maint - TT, Towels, Liners 4Page: Packet Page 11 of 248 11/20/2012 Voucher List City of Edmonds 5 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135535 11/21/2012 (Continued)004095 COASTWIDE LABS Fac Maint - TT, Towels, Liners 001.000.651.519.920.310.00 593.37 9.5% Sales Tax 001.000.651.519.920.310.00 56.37 Total :649.74 135536 11/21/2012 006200 DAILY JOURNAL OF COMMERCE 3268370 AD FOR YOUTH CAMP RFP AD FOR YOUTH CAMP RFP 001.000.640.574.200.420.00 157.85 Total :157.85 135537 11/21/2012 073823 DAVID EVANS & ASSOC INC 324145 E1AA.SERVICES THRU 9/29/12 E1AA.Services thru 9/29/12 112.200.630.595.330.410.00 23,759.07 Total :23,759.07 135538 11/21/2012 061570 DAY WIRELESS SYSTEMS - 16 156271 INV#156271 - EDMONDS PD CALIBRATION #05653 001.000.410.521.220.480.00 75.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.32 INV#156273 - EDMONDS PD156273 CALIBRATION #05654 001.000.410.521.220.480.00 75.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.32 INV#156274 - EDMONDS PD156274 CALIBRATION #08496 001.000.410.521.220.480.00 75.00 Freight 001.000.410.521.220.480.00 2.00 5Page: Packet Page 12 of 248 11/20/2012 Voucher List City of Edmonds 6 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135538 11/21/2012 (Continued)061570 DAY WIRELESS SYSTEMS - 16 9.5% Sales Tax 001.000.410.521.220.480.00 7.32 INV#156275 - EDMONDS PD156275 CALIBRATION #GHD-03881 001.000.410.521.220.480.00 75.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.13 INV#156276 - EDMONDS PD156276 CALIBRATION #LP03397 001.000.410.521.220.480.00 75.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.32 INV#156277 - EDMONDS PD156277 CALIBRATION #PL22583 001.000.410.521.220.480.00 75.00 Freight 001.000.410.521.220.480.00 2.00 9.5% Sales Tax 001.000.410.521.220.480.00 7.32 Total :503.73 135539 11/21/2012 068734 DEPT OF LABOR AND INDUSTRIES 10/31/12 Refund of overpayment of time loss (L Refund of overpayment of time loss (L 001.000.410.521.710.110.00 160.54 Total :160.54 135540 11/21/2012 074269 DIANE ELLIS 7-08450 #4202-1957171 UTILITY REFUND #4202-1957171 Utility Refund due to 411.000.000.233.000.000.00 63.35 Total :63.35 135541 11/21/2012 074273 DOOLEY, LANCE 1097 FLOWER POLE DESIGN FLOWER POLE ARTWORK DESIGN 6Page: Packet Page 13 of 248 11/20/2012 Voucher List City of Edmonds 7 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135541 11/21/2012 (Continued)074273 DOOLEY, LANCE 117.200.640.575.500.410.00 300.00 Total :300.00 135542 11/21/2012 007675 EDMONDS AUTO PARTS 16875 Sewer -Telemetry bulbs for the offices Sewer -Telemetry bulbs for the offices 411.000.655.535.800.310.00 18.20 Freight 411.000.655.535.800.310.00 8.43 9.5% Sales Tax 411.000.655.535.800.310.00 2.53 Total :29.16 135543 11/21/2012 007775 EDMONDS CHAMBER OF COMMERCE 14834 EDMONDS CHAMBER LUNCHON -- October Chamber Luncheon for LaFave 001.000.210.513.100.490.00 17.50 October Chamber Luncheon for LaFave 001.000.240.513.110.490.00 17.50 October Chamber Luncheon for LaFave 001.000.650.519.910.490.00 17.50 Total :52.50 135544 11/21/2012 008705 EDMONDS WATER DIVISION 6-02735 CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.651.519.920.470.00 1,407.94 CIVIC CENTER FIRE LINE 250 5TH AVE N6-02736 CIVIC CENTER FIRE LINE 250 5TH AVE N 001.000.651.519.920.470.00 14.65 CIVIC CENTER FIRE LINE 250TH 5TH AVE N6-02737 CIVIC CENTER FIRE LINE 250TH 5TH AVE N 001.000.651.519.920.470.00 316.95 CIVIC CENTER IRRIGATION 250 5TH AVE N6-02738 CIVIC CENTER IRRIGATION 250 5TH AVE N 001.000.651.519.920.470.00 505.02 SNO-ISLE LIBRARY/SPRINKLER 6506-02825 SNO-ISLE LIBRARY/SPRINKLER 650 7Page: Packet Page 14 of 248 11/20/2012 Voucher List City of Edmonds 8 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135544 11/21/2012 (Continued)008705 EDMONDS WATER DIVISION 001.000.651.519.920.470.00 3,996.09 FRANCES ANDERSON CENTER FIRE6-02875 FRANCES ANDERSON CENTER FIRE DETECTOR 001.000.651.519.920.470.00 25.63 FRANCES ANDERSON CENTER 7006-02925 FRANCES ANDERSON CENTER 700 001.000.651.519.920.470.00 1,448.64 FIRE STATION #16 8429 196TH ST SW6-04127 FIRE STATION #16 8429 196TH ST SW 001.000.651.519.920.470.00 460.11 FIRE STATION #16 SPRINK 8429 1966-04128 FIRE STATION #16 SPRINKLER 8429 196 001.000.651.519.920.470.00 14.65 PUBLIC WORKS OMC 7110 210TH ST SW6-05155 PUBLIC WORKS OMC 7110 210TH ST SW 001.000.650.519.910.470.00 117.26 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.654.534.800.470.00 445.58 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.655.535.800.470.00 445.58 PUBLIC WORKS OMC 7110 210TH ST SW 511.000.657.548.680.470.00 445.58 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.652.542.900.470.00 445.59 PUBLIC WORKS OMC 7110 210TH ST SW 111.000.653.542.900.470.00 445.58 PUBLIC WORKS OMC FIRE 7110 2106-05156 PUBLIC WORKS OMC FIRE DETECTOR 001.000.650.519.910.470.00 1.83 PUBLIC WORKS OMC FIRE DETECTOR 111.000.653.542.900.470.00 6.95 PUBLIC WORKS OMC FIRE DETECTOR 411.000.652.542.900.470.00 6.95 PUBLIC WORKS OMC FIRE DETECTOR 8Page: Packet Page 15 of 248 11/20/2012 Voucher List City of Edmonds 9 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135544 11/21/2012 (Continued)008705 EDMONDS WATER DIVISION 411.000.654.534.800.470.00 6.95 PUBLIC WORKS OMC FIRE DETECTOR 411.000.655.535.800.470.00 6.95 PUBLIC WORKS OMC FIRE DETECTOR 511.000.657.548.680.470.00 6.94 Total :10,571.42 135545 11/21/2012 074272 EDWARDS, ALEX MIGUEL EDWARDS 11/17/12 FLOWER POLE ARTWORK DESIGN FLOWER POLE ARTWORK DESIGN 117.200.640.575.500.410.00 300.00 9.5% Sales Tax 117.200.640.575.500.410.00 28.50 Total :328.50 135546 11/21/2012 008812 ELECTRONIC BUSINESS MACHINES 081419 COPIER LEASE PARK MAIN LEASE CHARGES 001.000.640.576.800.450.00 19.94 9.5% Sales Tax 001.000.640.576.800.450.00 1.89 Total :21.83 135547 11/21/2012 008812 ELECTRONIC BUSINESS MACHINES 081410 Council Office copies Council Office copies 001.000.110.511.100.450.00 6.61 Total :6.61 135548 11/21/2012 065427 FCS GROUP 2039-21210156 E1GB.SERVICES THRU 10/26/12 E1GB.Services thru 10/26/12 411.000.654.534.800.410.00 2,700.00 E1GB.Services thru 10/26/12 411.000.655.535.800.410.00 2,700.00 E1GB.Services thru 10/26/12 411.000.652.542.900.410.00 2,700.00 Total :8,100.00 9Page: Packet Page 16 of 248 11/20/2012 Voucher List City of Edmonds 10 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135549 11/21/2012 011900 FRONTIER 425-712-0647 CREDIT CREDIT 001.000.640.576.800.420.00 -6.74 SEAVIEW PARK IRRIGATION MODEM425-744-1681 SEAVIEW PARK IRRIGATION MODEM 001.000.640.576.800.420.00 41.91 SIERRA PARK IRRIGATION MODEM425-744-1691 SIERRA PARK IRRIGATION MODEM 001.000.640.576.800.420.00 41.25 BEACH RANGER PHONE @ FISHING PIER425-775-1344 BEACH RANGER PHONE @ FISHING PIER 001.000.640.574.350.420.00 54.63 GROUNDS MAINTENANCE FAX MODEM425-776-5316 GROUNDS MAINTENANCE FAX MODEM 001.000.640.576.800.420.00 110.74 Total :241.79 135550 11/21/2012 011900 FRONTIER 206-188-0247 TELEMETRY MASTER SUMMARY ACCOUNT TELEMETRY MASTER SUMMARY ACCOUNT 411.000.654.534.800.420.00 305.59 TELEMETRY MASTER SUMMARY ACCOUNT 411.000.655.535.800.420.00 305.59 PUBLIC WORKS OMC RADIO LINE253-011-1177 PUBLIC WORKS OMC RADIO LINE TO FIVE 001.000.650.519.910.420.00 5.48 PUBLIC WORKS OMC RADIO LINE TO FIVE 111.000.653.542.900.420.00 20.81 PUBLIC WORKS OMC RADIO LINE TO FIVE 411.000.654.534.800.420.00 20.81 PUBLIC WORKS OMC RADIO LINE TO FIVE 411.000.655.535.800.420.00 20.81 PUBLIC WORKS OMC RADIO LINE TO FIVE 511.000.657.548.680.420.00 20.81 PUBLIC WORKS OMC RADIO LINE TO FIVE 411.000.652.542.900.420.00 20.78 TELEMETRY CIRCUIT LINE425-712-0417 10Page: Packet Page 17 of 248 11/20/2012 Voucher List City of Edmonds 11 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135550 11/21/2012 (Continued)011900 FRONTIER TELEMETRY CIRCUIT LINE 411.000.654.534.800.420.00 27.08 TELEMETRY CIRCUIT LINE 411.000.655.535.800.420.00 27.08 PUBLIC WORKS OMC ALARM, FAX,425-712-8251 PUBLIC WORKS OMC FIRE AND INTRUSION 001.000.650.519.910.420.00 14.37 PUBLIC WORKS OMC FIRE AND INTRUSION 111.000.653.542.900.420.00 71.83 PUBLIC WORKS OMC FIRE AND INTRUSION 411.000.654.534.800.420.00 60.34 PUBLIC WORKS OMC FIRE AND INTRUSION 411.000.655.535.800.420.00 60.34 PUBLIC WORKS OMC FIRE AND INTRUSION 511.000.657.548.680.420.00 80.45 CLUBHOUSE ALARM LINES 6801 MEADOWDALE RD425-745-4313 CLUBHOUSE FIRE AND INTRUSION ALARM 001.000.651.519.920.420.00 102.50 LIFT STATION #8 VG SPECIAL ACCESS LINES425-774-1031 LIFT STATION #8 TWO VOICE GRADE SPECIAL 411.000.655.535.800.420.00 46.84 UTILITY BILLING RADIO LINE425-775-7865 UTILITY BILLING RADIO LINE TO FIVE 411.000.654.534.800.420.00 53.99 SNO-ISLE LIBRARY ELEVATOR PHONE LINE425-776-1281 SNO-ISLE LIBRARY ELEVATOR PHONE LINE 001.000.651.519.920.420.00 41.91 LIFT STATION #7 VG SPECIAL ACCESS LINE425-776-2742 LIFT STATION #7 V/G SPECIAL ACCESS LINE 411.000.655.535.800.420.00 26.02 Total :1,333.43 135551 11/21/2012 073821 GEODESIGN INC 1012-185 E1JE.SERVICES THRU 10/26/12 E1JE.Services thru 10/26/12 412.100.630.594.320.410.00 1,517.60 11Page: Packet Page 18 of 248 11/20/2012 Voucher List City of Edmonds 12 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,517.6013555111/21/2012 073821 073821 GEODESIGN INC 135552 11/21/2012 074266 GEOFFREY BOLINGER 8-50222 #120396SL UTILITY REFUND #120396SL Utility Refund due to 411.000.000.233.000.000.00 46.52 Total :46.52 135553 11/21/2012 012199 GRAINGER 9969238725 NEMA ENCLOSURE NEMA ENCLOSURE 001.000.640.576.800.310.00 150.75 9.5% Sales Tax 001.000.640.576.800.310.00 14.33 Total :165.08 135554 11/21/2012 012355 GRCC/BAT B1917 BAT Cert 2013 Renewal for J Waite BAT Cert 2013 Renewal for J Waite 411.000.654.534.800.490.00 42.00 Total :42.00 135555 11/21/2012 069332 HEALTHFORCE OCCMED 12603 INV 12603 EDMONDS PD -MCINTYRE DIVE DIVE PHYSICAL - MCINTYRE 001.000.410.521.220.410.00 335.00 Total :335.00 135556 11/21/2012 013140 HENDERSON, BRIAN 82 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 71.00 LEOFF 1 REimbursement 009.000.390.517.370.230.00 98.00 Total :169.00 135557 11/21/2012 072647 HERRERA ENVIRONMENTAL 31839 E9FB.SERVICES THRU 10/26/12 E9FB.Services thru 10/26/12 412.200.630.594.320.410.00 164.25 E1FN.SERVICES THRU 10/26/1231840 E1FN.Services thru 10/26/12 412.200.630.594.320.410.00 2,281.97 12Page: Packet Page 19 of 248 11/20/2012 Voucher List City of Edmonds 13 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :2,446.2213555711/21/2012 072647 072647 HERRERA ENVIRONMENTAL 135558 11/21/2012 060165 HWA GEOSCIENCES INC 26348 E7AA.SERVICES THRU 10/27/12 E7AA.Services thru 10/27/12 112.200.630.595.330.410.00 11,868.32 Total :11,868.32 135559 11/21/2012 073548 INDOFF INCORPORATED 2182756 POST IT, BIC WHITE OUT 4x4 Pop up post it pads,BIC White Out 001.000.310.514.230.310.00 26.28 9.5% Sales Tax 001.000.310.514.230.310.00 2.50 Total :28.78 135560 11/21/2012 073518 INNOVYZE 16834AM INNOVYZE.SOFTWARE INNOVYZE.SOFTWARE 411.000.654.534.800.490.00 1,000.00 9.5% Sales Tax 411.000.654.534.800.490.00 95.00 Total :1,095.00 135561 11/21/2012 074268 JUDITH BARATTA/THOMASPEMBERTON 3-40025 #30075822-319 UTILITY REFUND #30075822-319 Utility Refund due to 411.000.000.233.000.000.00 81.14 Total :81.14 135562 11/21/2012 070902 KAREN ULVESTAD PHOTOGRAPHY ULVESTAD DIGITAL PHOTOGRAPHY PHOTOGRAPHY 16114 001.000.640.574.200.410.00 40.00 Total :40.00 135563 11/21/2012 017050 KWICK'N KLEEN CAR WASH 11052012-03A City Car Wash City Car Wash 511.000.657.548.680.310.00 5.03 Total :5.03 135564 11/21/2012 017135 LANDAU ASSOCIATES INC 30573 E1GA.TASK ORDER 12-01 THRU 09 13Page: Packet Page 20 of 248 11/20/2012 Voucher List City of Edmonds 14 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135564 11/21/2012 (Continued)017135 LANDAU ASSOCIATES INC E1GA.Task Order 12-01 thru 09/29/12 412.300.630.594.320.410.00 9,573.75 Total :9,573.75 135565 11/21/2012 073136 LANG, ROBERT Lang 11/18 MONITOR FAC BASKETBALL MONITOR ON 11/18 FOR BASKETBALL 001.000.640.574.100.410.00 24.00 Total :24.00 135566 11/21/2012 074263 LYNNWOOD WINSUPPLY CO 000306-00 SWING JOINT SWING JOINT 001.000.640.576.800.310.00 102.60 9.5% Sales Tax 001.000.640.576.800.310.00 9.75 GRN PRO VLV BOX000307-00 GRN PRO VLV BOX 001.000.640.576.800.310.00 34.72 9.5% Sales Tax 001.000.640.576.800.310.00 3.30 Total :150.37 135567 11/21/2012 019582 MANOR HARDWARE 439200-00 Fac Maint - Shop Tool - Brad Nailer Fac Maint - Shop Tool - Brad Nailer 001.000.651.519.920.350.00 159.00 9.5% Sales Tax 001.000.651.519.920.350.00 15.11 Fac Maint - Tool Repair439430-00 Fac Maint - Tool Repair 001.000.651.519.920.480.00 48.00 9.5% Sales Tax 001.000.651.519.920.480.00 4.56 Total :226.67 135568 11/21/2012 019920 MCCANN, MARIAN 83 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 14Page: Packet Page 21 of 248 11/20/2012 Voucher List City of Edmonds 15 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135568 11/21/2012 (Continued)019920 MCCANN, MARIAN 009.000.390.517.370.290.00 6,480.00 LEOFF 1 Reimbursement84 LEOFF 1 Reimbursement 009.000.390.517.370.290.00 250.00 Total :6,730.00 135569 11/21/2012 063773 MICROFLEX 00020910 10-12 TAX AUDIT PROGRAM TAX AUDIT PROGRAM 001.000.310.514.230.410.00 103.70 Total :103.70 135570 11/21/2012 020900 MILLERS EQUIP & RENT ALL INC 154084 Water Sewer - Stihl Belt Water Sewer - Stihl Belt 411.000.654.534.800.310.00 17.71 Water Sewer - Stihl Belt 411.000.655.535.800.310.00 17.71 9.5% Sales Tax 411.000.654.534.800.310.00 1.69 9.5% Sales Tax 411.000.655.535.800.310.00 1.67 Total :38.78 135571 11/21/2012 061013 NORTHWEST CASCADE INC 1-568074 HONEY BUCKET MARINA BEACH HONEY BUCKETS MARINA BEACH 001.000.640.576.800.450.00 1,418.55 HONEY BUCKET RENTAL PINE STREET PARK1-569151 HONEY BUCKET RENTAL PINE STREET PARK 001.000.640.576.800.450.00 112.35 HONEY BUCKET RENTAL CIVIC PLAYFIELD1-569918 HONEY BUCKET RENTAL CIVIC FIELD 001.000.640.576.800.450.00 194.62 Total :1,725.52 135572 11/21/2012 066628 NORTHWEST DISTRIBUTING CO 047220 E1FD.VEHICLE WASH STATION SUPPLIES E1FD.1 Button Dispenser 15Page: Packet Page 22 of 248 11/20/2012 Voucher List City of Edmonds 16 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135572 11/21/2012 (Continued)066628 NORTHWEST DISTRIBUTING CO 412.200.630.594.320.410.00 88.00 Freight 412.200.630.594.320.410.00 3.33 9.5% Sales Tax 412.200.630.594.320.410.00 8.36 Total :99.69 135573 11/21/2012 063511 OFFICE MAX INC 086246 INV#086246 ACCT#520437 250POL EDMONDS PD 2013 MO CALENDAR-COMPAAN 001.000.410.521.100.310.00 10.05 2013 DESK PAD-EAGER 001.000.410.521.100.310.00 9.85 2013 MO PLANNER-HOVORKA 001.000.410.521.100.310.00 10.15 2013 MO DESK PAD-PROP MGT 001.000.410.521.910.310.00 14.55 2013 MO WALL CALENDAR-PROP MGT 001.000.410.521.910.310.00 12.95 2013 WALL CALENDAR-CLERKS 001.000.410.521.110.310.00 8.85 2013 DESK PADS-PATROL ROOM 001.000.410.521.220.310.00 20.30 2013 DESK PAD - MACK 001.000.410.521.220.310.00 9.85 2013 MO DESK PAD - ROTH 001.000.410.521.220.310.00 7.90 2013 MO DESK PAD - MARSH 001.000.410.521.220.310.00 6.40 2013 MO DESK PADS-ANIMAL CONT 001.000.410.521.700.310.00 12.80 2013 DESK PADS- TRYKAR/MCINTYRE 001.000.410.521.210.310.00 19.70 9.5% Sales Tax 001.000.410.521.100.310.00 2.86 16Page: Packet Page 23 of 248 11/20/2012 Voucher List City of Edmonds 17 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135573 11/21/2012 (Continued)063511 OFFICE MAX INC 9.5% Sales Tax 001.000.410.521.910.310.00 2.61 9.5% Sales Tax 001.000.410.521.110.310.00 0.84 9.5% Sales Tax 001.000.410.521.220.310.00 4.22 9.5% Sales Tax 001.000.410.521.700.310.00 1.22 9.5% Sales Tax 001.000.410.521.210.310.00 1.87 Total :156.97 135574 11/21/2012 063511 OFFICE MAX INC 200342 PENS, GLUE ADMIN, GLUE, PENS 001.000.640.574.100.310.00 24.58 9.5% Sales Tax 001.000.640.574.100.310.00 2.34 Total :26.92 135575 11/21/2012 063511 OFFICE MAX INC 021103 Misc. office supplies including mini Misc. office supplies including mini 001.000.620.558.800.310.00 16.56 9.5% Sales Tax 001.000.620.558.800.310.00 1.58 Total :18.14 135576 11/21/2012 068709 OFFICETEAM 36706055 Deborah Pinney -HR Assistant services Deborah Pinney -HR Assistant services 001.000.220.516.100.410.00 525.36 Deborah Pinney -HR Assistant services36754902 Deborah Pinney -HR Assistant services 001.000.220.516.100.410.00 525.36 Total :1,050.72 135577 11/21/2012 073751 OKANOGAN COUNTRY SHERIFF OCT 2012 OCJ OCT 2012 INMATE HOUSING -EDMONDS PD 17Page: Packet Page 24 of 248 11/20/2012 Voucher List City of Edmonds 18 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135577 11/21/2012 (Continued)073751 OKANOGAN COUNTRY SHERIFF INMATE HOUSING OCT 2012 001.000.410.523.600.510.00 5,304.00 INMATE MEDICATION 001.000.410.523.600.310.00 6.28 Total :5,310.28 135578 11/21/2012 002203 OWEN EQUIPMENT COMPANY 00065905 Unit 106 - Transmission Repairs -Parts Unit 106 - Transmission Repairs -Parts 511.000.657.548.680.480.00 23,659.25 9.5% Sales Tax 511.000.657.548.680.480.00 2,247.63 Unit 138 - Water Pump00065915 Unit 138 - Water Pump 511.000.657.548.680.310.00 1,708.00 9.5% Sales Tax 511.000.657.548.680.310.00 162.26 Total :27,777.14 135579 11/21/2012 027060 PACIFIC TOPSOILS 142952 Storm Dump Fees Storm Dump Fees 411.000.652.542.320.490.00 73.50 Storm Dump Fees142967 Storm Dump Fees 411.000.652.542.320.490.00 73.50 Storm Dump Fees142972 Storm Dump Fees 411.000.652.542.320.490.00 73.50 Storm Dump Fees142980 Storm Dump Fees 411.000.652.542.320.490.00 73.50 Storm Dump Fees142984 Storm Dump Fees 411.000.652.542.320.490.00 73.50 Total :367.50 18Page: Packet Page 25 of 248 11/20/2012 Voucher List City of Edmonds 19 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135580 11/21/2012 074267 PATRICIA & RONALD MOORE 7-06725 #30074963-319 UTILITY REFUND #30074963-319 Utility Refund due to 411.000.000.233.000.000.00 38.85 Total :38.85 135581 11/21/2012 068411 PHILLIPS 66 - CONOCO 76 683 Gas for PD Units Gas for PD Units 511.000.657.548.680.310.00 29.80 Total :29.80 135582 11/21/2012 064552 PITNEY BOWES 9607730NV12 Lease 10/30-11/30 Lease 10/30-11/30 001.000.250.514.300.450.00 718.60 9.5% Sales Tax 001.000.250.514.300.450.00 68.26 Total :786.86 135583 11/21/2012 071811 PONY MAIL BOX & BUSINESS CTR 203681 Fleet -Pape Machinery return postage Fleet -Pape Machinery return postage 511.000.657.548.680.420.00 10.54 WATER SEWER STREET STORM-L&203845 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.64 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.64 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.64 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.62 WATER SEWER STREET STORM-L&203957 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.64 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.64 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.64 19Page: Packet Page 26 of 248 11/20/2012 Voucher List City of Edmonds 20 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135583 11/21/2012 (Continued)071811 PONY MAIL BOX & BUSINESS CTR Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.62 Sewer -National Safety Return Postage203982 Sewer -National Safety Return Postage 411.000.655.535.800.420.00 12.15 Total :43.77 135584 11/21/2012 074254 RIDDLE, LAURA RIDDLE1030 REFUND OF DAMAGE DEPOSIT Refund of damage deposit 001.000.000.239.200.000.00 200.00 Total :200.00 135585 11/21/2012 073930 RODMAN G MILLER STUDIO RODMAN 11/14/12 3RD PAYMENT FOR FLOWER POLE ARTWORK 3RD PAYMENT FLOWER POLE 127.200.640.573.200.410.00 1,320.00 Total :1,320.00 135586 11/21/2012 074265 SB INVESTMENTS ONE LLC 8-28960 #40102347-803-JS2 UTILITY REFUND #40102347-803-JS2 Utility refund due to 411.000.000.233.000.000.00 104.74 Total :104.74 135587 11/21/2012 070115 SHANNON & WILSON INC 87564 E2FB.SERVICES THRU 10/27/12 E2FB.Services thru 10/27/12 412.200.630.594.320.410.00 32,615.00 Total :32,615.00 135588 11/21/2012 036070 SHANNON TOWING INC 156950 INV#156950 - EDMONDS PD TOW 1998 BMW #540WGI 001.000.410.521.220.410.00 197.50 9.5% Sales Tax 001.000.410.521.220.410.00 18.77 Total :216.27 135589 11/21/2012 074271 SIERRA CLUB SIERRA CLUB 11/13/12 SIERRA CLUB DEPOSIT REFUND RETURN DAMAGE DEPOSIT 20Page: Packet Page 27 of 248 11/20/2012 Voucher List City of Edmonds 21 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135589 11/21/2012 (Continued)074271 SIERRA CLUB 001.000.000.239.200.000.00 200.00 Total :200.00 135590 11/21/2012 037375 SNO CO PUD NO 1 2004-9683-4 LIFT STATION #10 17526 TALBOT RD LIFT STATION #10 17526 TALBOT RD 411.000.655.535.800.470.00 143.02 SEAVIEW RESERVOIR 18520 90TH AVE W2007-3984-5 SEAVIEW RESERVOIR 18520 90TH AVE W 411.000.654.534.800.470.00 30.13 PEDEST CAUTION LIGHT 9110 OLYMPIC VIEW2014-3123-6 PEDEST CAUTION LIGHT 9110 OLYMPIC VIEW 111.000.653.542.640.470.00 31.16 SNO-ISLE LIBRARY 650 MAIN ST /METER2015-5174-4 SNO-ISLE LIBRARY 650 MAIN ST /METER 001.000.651.519.920.470.00 2,194.28 PUBLIC WORKS OMC 7110 210TH ST SW2019-4248-9 PUBLIC WORKS OMC 7110 210TH ST SW 001.000.650.519.910.470.00 88.51 PUBLIC WORKS OMC 7110 210TH ST SW 111.000.653.542.900.470.00 336.32 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.654.534.800.470.00 336.32 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.655.535.800.470.00 336.32 PUBLIC WORKS OMC 7110 210TH ST SW 511.000.657.548.680.470.00 336.32 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.652.542.900.470.00 336.33 CIVIC CENTER & FIRE STATION 17 250 52022-9166-2 CIVIC CENTER & FIRE STATION 17 250 5 001.000.651.519.920.470.00 4,761.30 CITY HALL 121 5TH AVE N /METER2024-3924-6 CITY HALL 121 5TH AVE N /METER 001.000.651.519.920.470.00 2,623.14 LIFT STATION #2 702 MELODY LN /2044-2584-7 21Page: Packet Page 28 of 248 11/20/2012 Voucher List City of Edmonds 22 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135590 11/21/2012 (Continued)037375 SNO CO PUD NO 1 LIFT STATION #2 702 MELODY LN / 411.000.655.535.800.470.00 119.88 Total :11,673.03 135591 11/21/2012 063941 SNO CO SHERIFFS OFFICE OCT 2012 SC JAIL MED OCT 2012 JAIL MEDICAL EDMONDS PD INMATE MEDICAL TREATMENT 001.000.410.523.600.310.00 298.80 INMATE AMBULANCE TRANSPORT 001.000.410.523.600.310.00 1,179.84 Total :1,478.64 135592 11/21/2012 038410 SOUND SAFETY PRODUCTS 4207586-01 PANTS AND JACKETS PANTS AND JACKETS 001.000.640.576.800.310.00 221.55 9.5% Sales Tax 001.000.640.576.800.310.00 21.05 Total :242.60 135593 11/21/2012 039775 STATE AUDITOR'S OFFICE L95675 10/12 AUDIT FEES Audit Fees 001.000.390.519.900.510.00 3,241.15 Audit Fees 411.000.652.542.900.510.00 162.06 Audit Fees 411.000.654.534.800.510.00 540.19 Audit Fees 411.000.655.535.800.510.00 540.19 Audit Fees 411.000.656.538.800.510.00 540.19 Audit Fees 111.000.653.543.300.510.00 162.06 Audit Fees 511.000.657.548.680.510.00 216.07 Total :5,401.91 22Page: Packet Page 29 of 248 11/20/2012 Voucher List City of Edmonds 23 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135594 11/21/2012 067148 STERNBERG LANTERNS INC 19584A E7AA.BALANCE OF STERNBERG LIGHTS E7AA.Balance of Sternberg Lights 112.200.630.595.330.410.00 2,741.60 Total :2,741.60 135595 11/21/2012 040430 STONEWAY ELECTRIC SUPPLY S100349570.001 ELECTRIC SUPPLIES ELECTRIC SUPPLIES 001.000.640.576.800.310.00 48.04 9.5% Sales Tax 001.000.640.576.800.310.00 4.56 Total :52.60 135596 11/21/2012 065578 SYSTEMS INTERFACE INC 14141 Water- Flow Meter Checkout Water- Flow Meter Checkout 411.000.654.534.800.410.00 208.00 Total :208.00 135597 11/21/2012 040916 TC SPAN AMERICA 61825 Water, Sewer, WWTP -Work B Caps Water, Sewer, WWTP -Work B Caps 411.000.654.534.800.240.00 96.00 Water, Sewer, WWTP -Work B Caps 411.000.655.535.800.240.00 96.00 Water, Sewer, WWTP -Work B Caps 411.000.656.538.800.240.00 96.00 9.5% Sales Tax 411.000.654.534.800.240.00 9.12 9.5% Sales Tax 411.000.655.535.800.240.00 9.12 9.5% Sales Tax 411.000.656.538.800.240.00 9.12 Water Sewer - Silk Screen 26 Safety61826 Water Sewer - Silk Screen 26 Safety 411.000.654.534.800.240.00 45.00 Water Sewer - Silk Screen 26 Safety 411.000.655.535.800.240.00 45.00 9.5% Sales Tax 23Page: Packet Page 30 of 248 11/20/2012 Voucher List City of Edmonds 24 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135597 11/21/2012 (Continued)040916 TC SPAN AMERICA 411.000.654.534.800.240.00 4.28 9.5% Sales Tax 411.000.655.535.800.240.00 4.27 Total :413.91 135598 11/21/2012 009350 THE DAILY HERALD COMPANY 1800920 NEWSPAPER AD Public Hrg. 2013 Budget 001.000.250.514.300.440.00 34.40 Total :34.40 135599 11/21/2012 073255 TOTAL FILTRATION SERVICES, INC PSV989966 Fac Maint - Filters Fac Maint - Filters 001.000.651.519.920.310.00 32.64 9.5% Sales Tax 001.000.651.519.920.310.00 3.10 Total :35.74 135600 11/21/2012 062693 US BANK 2519 INV#2519 11/06/12 - TRAINING-EDMONDS PD REG. WAPRO CONFERENCE-MARSH 001.000.410.521.400.490.00 150.00 IPAD FOR NARCS - ROSSI 104.000.410.521.210.350.00 546.41 INV#3181 11/06/12 - BARD -EDMONDS PD3181 LULA PISTOL LOADER/UNLOADER 001.000.410.521.400.310.00 30.83 GRIFFIN DUTY CASE FOR IPAD 104.000.410.521.210.350.00 34.73 REG. BKYRD WORKSHOP-DAWSON 001.000.410.521.400.490.00 30.00 TLO SEARCHES 10/2012 001.000.410.521.210.410.00 7.25 INV#3520 11/06/12 - TRAINING -EDMONDS PD3520 FUEL/COLL INVEST-COLLINS 001.000.410.521.400.430.00 54.28 LODGING/COLL INVEST-COLLINS 24Page: Packet Page 31 of 248 11/20/2012 Voucher List City of Edmonds 25 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135600 11/21/2012 (Continued)062693 US BANK 001.000.410.521.400.430.00 275.00 FUEL/COLL INVEST-COLLINS 001.000.410.521.400.430.00 29.29 LODGING/COLL INVEST-COLLINS 001.000.410.521.400.430.00 275.00 FUEL/COLL INVEST-COLLINS 001.000.410.521.400.430.00 44.81 MEAL/COLL INVEST-COLLINS 001.000.410.521.400.430.00 27.03 LODGING/COLL INVEST-COLLINS 001.000.410.521.400.430.00 275.00 INV#7914 11/06/12 -THOMPSON-EDMONDS PD7914 REG WAPRO CONF-THOMPSON 001.000.410.521.400.490.00 150.00 FATAL PLUS SOLUTION- A/C 001.000.410.521.700.310.00 67.75 WA STATE LAW ENFORCE DIRECTORY 001.000.410.521.110.310.00 64.95 WINZIP SOFTWARE 001.000.410.521.100.490.00 29.95 Total :2,092.28 135601 11/21/2012 062693 US BANK 3447 Fleet Manager ad (#12-28) Fleet Manager ad (#12-28) 001.000.220.516.100.440.00 50.00 Total :50.00 135602 11/21/2012 062693 US BANK 2143 TigerDirect - Cash drawers and TigerDirect - Cash drawers and 001.000.310.518.880.350.00 235.17 Priceline.com - Lodging for J Munson 001.000.310.518.880.430.00 224.76 Domain Name Registration - 001.000.310.518.880.490.00 27.90 Southbay IT Depot - HP Proliant Rail 25Page: Packet Page 32 of 248 11/20/2012 Voucher List City of Edmonds 26 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135602 11/21/2012 (Continued)062693 US BANK 001.000.310.518.880.350.00 59.98 Jack in the Box - Meal for J Munson 001.000.310.518.880.430.00 7.04 TigerDirect.com - ASIS VS228H-P 22 001.000.310.518.880.350.00 941.90 Safeway Fuel -ACCIS conference for J 001.000.310.518.880.430.00 47.06 Jack in the Box - Meal for J Munson 001.000.310.518.880.430.00 7.80 HP Direct - HP Compaq Elite 8300 PC 411.000.654.534.800.350.00 710.66 HP Direct - HP Compaq Elite 8300 PC 411.000.655.535.800.350.00 710.66 HP Direct - HP Compaq Elite 8300 PC 001.000.310.518.880.350.00 2,131.96 TigerDirect - Epson TM H6000IV thermal 001.000.310.518.880.350.00 716.01 Astral Communications -Sierra Wireless 001.000.310.518.880.350.00 1,093.91 ASUS 22" LED MONITOR2143 ASUS VS228H-P 22"LED Backlit monitor 001.000.310.518.880.350.00 -149.99 Total :6,764.82 135603 11/21/2012 062693 US BANK 4675 CREDIT CARD TRANSACTIONS CAMP GOODTIME 001.000.640.575.530.310.00 93.31 AD FOR CEMETERY 130.000.640.536.200.440.00 663.00 GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 391.65 SUPPLIES 001.000.640.575.520.310.00 3.60 CASE SUPPLIES 26Page: Packet Page 33 of 248 11/20/2012 Voucher List City of Edmonds 27 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135603 11/21/2012 (Continued)062693 US BANK 117.200.640.575.500.310.00 6.99 GYMNASTICS B-DAY PARTY SUPPLIES 001.000.640.575.550.310.00 26.77 ARTS ED MEMBERSHIP 117.100.640.573.100.490.00 100.00 PRE-SCHOOL SUPPLIES 001.000.640.575.550.310.00 272.57 PRINTING PUBLIC ART 117.200.640.575.500.490.00 45.99 FRAMING PUBLIC ART 117.200.640.575.500.410.00 191.31 WREATHS FOR LIGHT POSTS 001.000.640.576.800.310.00 356.24 CREDIT CARD TRANSACTIONS6254 Credit Card Transactions 001.000.640.574.100.310.00 150.00 Total :2,301.43 135604 11/21/2012 062693 US BANK 8313 ENG CREDIT CARD CHARGES OCTOBER E1FN.Stormwater Supplies 412.200.630.594.320.410.00 2,599.85 Hauss.Training Development of Bicycle 001.000.620.532.200.490.00 160.00 Smart Commuter Grant Gift Card Purchase 001.000.390.517.900.490.00 100.00 E7AA.Flash Light Purchase for Halloween 112.200.630.595.330.410.00 431.43 Sibrel-Vest 001.000.620.532.200.240.00 60.17 E2FB.Click 2 Mail mailing for 412.200.630.594.320.410.00 128.71 Total :3,480.16 135605 11/21/2012 062693 US BANK 3363 Assoc Glass - Unit 121 - Mirrors Assoc Glass - Unit 121 - Mirrors 27Page: Packet Page 34 of 248 11/20/2012 Voucher List City of Edmonds 28 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135605 11/21/2012 (Continued)062693 US BANK 511.000.657.548.680.310.00 76.65 Adv Auto Parts - Shop Tool -Inner Tie 511.000.657.548.680.350.00 87.99 OReilly Auto Parts - Unit 57 -Supplies 511.000.657.548.680.310.00 23.68 Pac Truck Equip - Unit 43 -T handles 511.000.657.548.680.310.00 34.75 OReilly Auto Parts - Unit 46 -Supplies 511.000.657.548.680.310.00 31.25 OReilly Auto Parts - Fleet Returns3363 OReilly Auto Parts - Fleet Returns 511.000.657.548.680.310.00 -41.59 USPS - PS Mailing Fees3405 USPS - PS Mailing Fees 001.000.651.519.920.490.00 7.05 Suntoya - PS Part 001.000.651.519.920.310.00 216.14 Best Buy - Fac Maint - Supplies 001.000.651.519.920.490.00 109.49 Guardian - PW Security 001.000.651.519.920.480.00 55.00 IMSA - 2013 Annual Mbr Renewal -G Evans 001.000.651.519.920.490.00 80.00 Sun Supplies - Traffic Control -Corex3546 Sun Supplies - Traffic Control -Corex 111.000.653.542.640.310.00 123.51 Rex Art - Pratt USA - Sewer - Book 411.000.655.535.800.310.00 169.35 Home Depot - Water -Water Hose real 411.000.654.534.800.310.00 260.61 American WaterWorks -Instructional DVD 411.000.654.534.800.490.00 208.50 Home Depot Return (see Charge on3546 Home Depot Return (see Charge on 28Page: Packet Page 35 of 248 11/20/2012 Voucher List City of Edmonds 29 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135605 11/21/2012 (Continued)062693 US BANK 411.000.654.534.800.310.00 -260.61 Total :1,181.77 135606 11/21/2012 071059 VAN TASSELL, MICHELLE VAN TASSELL 11/13/12 REIMBURSMENT REIMBURSMENT 138.200.210.557.210.310.00 110.00 Total :110.00 135607 11/21/2012 065035 WASHINGTON STATE PATROL T1300034 INV T1300034 ACCT EDM301 ANTHONYCOLLINS REGISTRATION FEE - COLLISION 001.000.410.521.400.490.00 1,127.98 STUDY MATERIALS - COLLISION 001.000.410.521.400.490.00 30.00 Total :1,157.98 135608 11/21/2012 073552 WELCO SALES LLC 5699 Utility Billing - Opening and Closing Utility Billing - Opening and Closing 411.000.652.542.900.310.00 28.33 Utility Billing - Opening and Closing 411.000.654.534.800.310.00 28.33 Utility Billing - Opening and Closing 411.000.655.535.800.310.00 28.34 9.5% Sales Tax 411.000.652.542.900.310.00 2.69 9.5% Sales Tax 411.000.654.534.800.310.00 2.69 9.5% Sales Tax 411.000.655.535.800.310.00 2.70 Total :93.08 135609 11/21/2012 064008 WETLANDS & WOODLANDS 2971 DOUGLAS FIR TREE MEMOIRAL FIR TREES 127.000.640.575.500.310.00 112.00 DOUGLAS FIR 001.000.640.576.800.310.00 55.00 29Page: Packet Page 36 of 248 11/20/2012 Voucher List City of Edmonds 30 1:35:56PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135609 11/21/2012 (Continued)064008 WETLANDS & WOODLANDS 9.5% Sales Tax 127.000.640.575.500.310.00 10.64 9.5% Sales Tax 001.000.640.576.800.310.00 5.23 Total :182.87 Bank total :656,998.1590Vouchers for bank code :front 656,998.15Total vouchers :Vouchers in this report90 30Page: Packet Page 37 of 248 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC Senior Center Roof Repairs c332 E0LB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 E1EA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 E8MB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1FN STM Public Facilities Water Quality Upgrades c339 E1FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 11/20/2012Packet Page 38 of 248 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 E8GC SWR City-Wide Sewer Improvements c301 E8GD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 E0JA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 E0IA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 11/20/2012Packet Page 39 of 248 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E0AA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM E0FC c326 Stormwater GIS Support WTR E0IA c324 AWD Intertie and Reservoir Improvements WTR E0JA c363 2010 Waterline Replacement Program FAC E0LA c327 Edmonds Museum Exterior Repairs Project FAC E0LB c332 Senior Center Roof Repairs STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General E1EA c372 SR104 Telecommunications Conduit Crossing STM E1FA c336 SW Edmonds-105th/106th Ave W Storm Improvements STM E1FD c339 Public Facilities Water Quality Upgrades STM E1FF c341 Storm Contribution to Transportation Projects STM E1FH c349 Stormwater Development Review Support (NPDES Capacity) STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement SWR E1GA c347 Alder/Dellwood/Beach Pl/224th St. Sewer Replacement WTR E1GB c370 Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR E1JB c344 76th Ave W Waterline Extension with Lynnwood WTR E1JC c345 Edmonds General Facilities Charge Study WTR E1JD c346 PRV Station 11 and 12 Abandonment WTR E1JE 2012 Waterline Replacement Program WTR E1JK c375 Main Street Watermain STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project WTR E2CA c388 2012 Waterline Overlay Program WTR E2CB c389 Pioneer Way Road Repair WTR E2CC c399 5th Avenue Overlay Project PM E2DB c146 Interurban Trail STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM E2FD c381 Lake Ballinger Associated Projects 2012 STM E2FE c382 2012 Citywide Storm Drainage Improvements Revised 11/20/2012Packet Page 40 of 248 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title SWR E2GA c369 2012 Sanitary Sewer Comp Plan Update SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation SWR E3GA c398 2013 Sewerline Replacement Project SWR E3GB c142 OVD Sewer Lateral Improvements WTR E3JA c397 2013 Waterline Replacement Program WTR E3JB c141 OVD Watermain Improvements STR E6DA c245 76th Avenue West/75th Place West Walkway Project STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements STR E7CB c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR E8GC c300 BNSF Double Track Project SWR E8GD c301 City-Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project STM E9FB c307 Talbot Road/Perrinville Creek Drainage Improvements SWR E9GA c304 Sewer Lift Station Rehabilitation Design PM E9MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 11/20/2012Packet Page 41 of 248 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c141 E3JB OVD Watermain Improvements SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STR c245 E6DA 76th Avenue West/75th Place West Walkway Project STR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STR c265 E7AA Main Street Lighting and Sidewalk Enhancements STR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 E8MA Fourth Avenue Cultural Corridor PM c290 E8MB Marina Beach Additional Parking STR c294 E9CA 2009 Street Overlay Program SWR c298 E8GA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 E8GC BNSF Double Track Project SWR c301 E8GD City-Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Road/Perrinville Creek Drainage Improvements STR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 E0IA AWD Intertie and Reservoir Improvements STM c326 E0FC Stormwater GIS Support FAC c327 E0LA Edmonds Museum Exterior Repairs Project STR c329 E0AA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 E0LB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study Revised 11/20/2012Packet Page 42 of 248 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA Alder/Dellwood/Beach Pl/224th St. Sewer Replacement STM c349 E1FH Stormwater Development Review Support (NPDES Capacity) STR c354 E1DA Sunset Walkway Improvements WTR c363 E0JA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 E1EA SR104 Telecommunications Conduit Crossing STM c374 E1FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WWTP c383 WWTP WWTP ReRoof Project WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project WTR c399 E2CC 5th Avenue Overlay Project STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 11/20/2012Packet Page 43 of 248 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 E0JA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC WTR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA WTR AWD Intertie and Reservoir Improvements c324 E0IA SWR BNSF Double Track Project c300 E8GC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB SWR City-Wide Sewer Improvements c301 E8GD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 E0LA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA Revised 11/20/2012Packet Page 44 of 248 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 E8MB STM North Talbot Road Drainage Improvements c378 E2FA STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1FN WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 E0LB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STR Transportation Plan Update c391 E2AA Revised 11/20/2012Packet Page 45 of 248 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Engineering Division) Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right-of-Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time-Storm str Engineering Staff Time-Street swr Engineering Staff Time-Sewer wtr Engineering Staff Time-Water prk Engineering Staff Time-Park Packet Page 46 of 248 Packet Page 47 of 248 AM-5289 4. B. City Council Meeting Meeting Date:11/27/2012 Time:Consent Submitted For:Shawn Hunstock Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type: Action Information Subject Title Approval of payments for Holiday buy back days (check #51873 through #51928) for Law Enforcement Commissioned Employees & Law Enforcement Support Service Employees in the amount of $134,224.84, Retroactive pay (check #51822 through #51872) and Kelly buy back (check #51929 through #51967) for Law Enforcement Commissioned Employees in the amounts of $45,205.09 and $40,555.09, respectively per union contracts. Recommendation Approval of Retroactive pay, Holiday and Kelly buy back days. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2012 Revenue: Expenditure:219,985.02 Fiscal Impact: Retroactive Pay $45,205.09 Holiday Buy Back $134,224.84 Kelly Buy Back $40,555.09 Total $219,985.02 Attachments Holiday Buy Back Packet Page 48 of 248 Retroactive Pay Kelly Buy Back Form Review Inbox Reviewed By Date Finance Shawn Hunstock 11/20/2012 03:34 PM City Clerk Sandy Chase 11/20/2012 03:42 PM Mayor Dave Earling 11/20/2012 03:50 PM Finalize for Agenda Sandy Chase 11/20/2012 03:58 PM Form Started By: Nori Jacobson Started On: 11/20/2012 08:35 AM Final Approval Date: 11/20/2012 Packet Page 49 of 248 Packet Page 50 of 248 Packet Page 51 of 248 Packet Page 52 of 248 Packet Page 53 of 248 Packet Page 54 of 248 Packet Page 55 of 248 AM-5286 4. C. City Council Meeting Meeting Date:11/27/2012 Time: Submitted By:Linda Hynd Department:City Clerk's Office Review Committee: Committee Action: Type: Action Information Subject Title Acknowledge receipt of a Claim for Damages from Donald B. Goldsmith ($2,528.64). Recommendation Acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative A Claim for Damages has been received from the following: Donald B. Goldsmith 8233 Talbot Road Edmonds, WA ($2,528.64) Attachments Goldsmith Claim for Damages Form Review Inbox Reviewed By Date Mayor Dave Earling 11/20/2012 12:15 PM Finalize for Agenda Sandy Chase 11/20/2012 01:29 PM Form Started By: Linda Hynd Started On: 11/19/2012 03:54 PM Final Approval Date: 11/20/2012 Packet Page 56 of 248 Packet Page 57 of 248 Packet Page 58 of 248 AM-5269 4. D. City Council Meeting Meeting Date:11/27/2012 Time:Consent Submitted For:Dave Earling Submitted By:Carolyn LaFave Department:Mayor's Office Review Committee: Committee Action: Type: Action Information Subject Title Confirmation of Sister City Commission Candidate Roy Olitt. Recommendation Mayor Earling and the Sister City Commission are recommending confirmation of Ray Olitt to the Sister City Commission. Previous Council Action Narrative Mr. Olitt was interviewed by the Sister City Commission and recommended to Mayor Earling for an open position on the Sister City Commission. Mayor Earling has interviewed Mr. Olitt and is recommending his appointment to the Commission. Mr. Olitt will fill position #2 on the Commission and his term will be for three years. Attachments Ray_Olitt Form Review Inbox Reviewed By Date Finalize for Agenda Sandy Chase 11/16/2012 08:23 AM Form Started By: Carolyn LaFave Started On: 11/14/2012 01:44 PM Final Approval Date: 11/16/2012 Packet Page 59 of 248 Packet Page 60 of 248 AM-5287 4. E. City Council Meeting Meeting Date:11/27/2012 Time: Submitted By:Mary Ann Hardie Department:Human Resources Committee: Parks, Planning, Public Works Type: Action Information Subject Title Voluntary Separation Incentive Program (VSIP) Separation Agreements Recommendation Authorize the Mayor to sign the Separation Agreements for the five employees approved for the VSIP. Previous Council Action Narrative In an effort to accommodate budgetary constraints, the Mayor announced a one-time limited offer for employees to voluntarily separate from the city in exchange for a small incentive (Voluntary Separation Incentive Program, or VSIP). The VSIP aims to reduce the City’s overall salary costs by reducing FTE levels, while minimizing impacts on service level to citizens. This program gives City departments the option to offer incentives to employees to voluntarily separate from employment, either through retirement or resignation. There were nine employees that applied for the program, and six that were accepted given the program criteria outlined in the attached document (Program Announcement). After the initial acceptance, one member revoked his application. There has been numerous reorganizing city wide to accommodate the separations of these individuals. This will create some efficiencies, significant ongoing savings to the general fund, and the ability to minimize impacts on service level to citizens. The total payout for these employees is attached (VSIP Budget expenditure). The total overall ongoing savings will be $575,491 per year. This program and the payout was approved at Council on October 30th, 2012 at a regular Council meeting. Attached are separation agreements signed by the five individuals accepted for the program and approved by Council. This consent agenda is requesting authorization from the Council for the Mayor to sign these agreements. Attachments VSIP Budget Expenditure Packet Page 61 of 248 Johnson Nelson Yarberry Myers Blackburn Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/20/2012 10:57 AM Human Resources Mary Ann Hardie 11/20/2012 11:02 AM City Clerk Sandy Chase 11/20/2012 11:27 AM Mayor Dave Earling 11/20/2012 12:16 PM Finalize for Agenda Sandy Chase 11/20/2012 01:29 PM Form Started By: Mary Ann Hardie Started On: 11/19/2012 06:12 PM Final Approval Date: 11/20/2012 Packet Page 62 of 248 City of Edmonds VSIP Employee Applications Estimates as of 10/16/2012 Total Cost (with Leave Payout) Hours Paid Months Total Cost Salary Only Salary Only Out at Years of Payout of Leave Payout Option Payout Option Employee Salary Benefits Total Fund Separation Service Eligible For Payout (with Benefits)(with Benefits) Office Supervisor, Park & Recs Department 64,503$ 24,954$ 89,457$ 001 - General Fund 440.0 23.8 6 15,814.83 37,380.53$ 53,195.36$ Administrative Assistant, WWTP 60,664 26,096 86,760 411 - Combined Utility 286.9 20.2 6 9,700.54 35,160.40 44,860.94 CIO, Finance Department 95,637 34,066 129,703 001 - General Fund 161.1 5.6 4 8,423.94 36,265.76 44,689.70 Building Official, Development Services Dept.*99,215 30,362 129,577 001 - General Fund 130.5 2.3 3 7,155.03 28,747.55 35,902.57 Administrative Sergeant, Police Department 105,942 34,052 139,994 001 - General Fund 258.9 31.0 6 14,438.92 61,393.39 75,832.31 425,961$ 149,530$ 575,491$ 55,533.25$ 198,947.62$ 254,480.88$ 001 - General Fund 488,731$ 001 - General Fund 163,787.23$ 209,619.94$ 411 - Combined Utility Fund 86,760 411 - Combined Utility Fund 35,160.40 44,860.94 Total Budget Savings 575,491$ Total Estimated Cost of Payout 198,947.62$ 254,480.88$ * 2013 Rate (Separation effective 3/31/13) 2012 Adopted Budget Packet Page 63 of 248 Packet Page 64 of 248 Packet Page 65 of 248 Packet Page 66 of 248 Packet Page 67 of 248 Packet Page 68 of 248 Packet Page 69 of 248 Packet Page 70 of 248 Packet Page 71 of 248 Packet Page 72 of 248 Packet Page 73 of 248 Packet Page 74 of 248 Packet Page 75 of 248 Packet Page 76 of 248 Packet Page 77 of 248 Packet Page 78 of 248 AM-5293 6. City Council Meeting Meeting Date:11/27/2012 Time:30 Minutes Submitted For:Stephen Clifton Submitted By:Stephen Clifton Department:Community Services Committee: Type: Action Information Subject Title Resolution initiating a proposal for a Business Improvement District within a portion of the City of Edmonds. Recommendation The Edmonds Downtown BID Committee is requesting the City Council Finance Committee forward to the full City Council a recommendation to approve a resolution initiating a proposal for an Edmonds Downtown Business Improvement District. This is the first step when considering whether to form a business improvement district. Previous Council Action On November 13, 2012, the City Council Finance Committee expressed support for, and recommends the City Council approve, the attached resolution. Narrative Business Improvement District/Area Overview Business Improvement Districts (BIDs), also known as Business Improvement Areas (BIAs), are designed to aid general economic development and to facilitate merchant and service business cooperation. A BID is a local self-help funding mechanism that allows businesses and/or property owners within a defined area to establish a special assessment district. In Washington State, BIDs are authorized by statute, i.e., the Revised Code Washington. More specifically, the above referenced funding mechanism is an assessment collected from businesses and/or properties within defined geographic boundaries where BID sponsored/supported activities are financed through a special assessment. There are many reasons to create a BID. The most common motivations are that BIDs are conceived, designed, and managed locally by those who are paying the assessments, and everyone in the district will contribute towards funding BID activities. In other words, business owners pool their money to do things they want to do and that are best done collectively. Funds collected are used to provide services for the mutual benefit of businesses and/or properties being assessed and can be used to provide marketing, public area maintenance, security, parking, streetscape improvements, and professional management/services. Each BID typically has a member advisory board made up of members within the BID boundary. The concept of business district management funded through business community supported assessments has been around for many years and gained wide popularity during the 1990s. Under one name or Packet Page 79 of 248 another, well over 1,000 such districts exist throughout the United States, with many more in Canada and throughout the world (Business Improvement Districts in the United States - Rutgers University, 2011). In Washington State, Parking and/or Business Improvement Districts/Areas exist in Olympia, Poulsbo, Richland, Seattle (eight currently active), Spokane, Tacoma, Yakima, Auburn, Everett, Burien and Port Angeles; the City of Longview is currently in the process of collecting signatures. The Edmonds Downtown BID Committee, hereafter referred to as “BID Committee”, is requesting the City Council approve a resolution initiating a proposal for an Edmonds Downtown Business Improvement District. This is the first step when considering the formation of a business improvement district. The attached memorandum from the Edmonds Downtown Committee Contains additional information related to the BID Committee request, i.e., background on BID related activities in Edmonds, proposed organizational structure, assessment rates, programs and services, proposed BID boundaries, and next steps. Additionally, a PowerPoint Presentation Outline is also attached for your review, although the BID Committee may use a more condensed version for their presentation on November 27, 2012. Attachments Resolution Initiating a Proposal for an Edmonds Downtown Business Improvement District Edmonds Downtown BID Committee Report to City Council BID Committee PowerPoint Outline Proposed Edmonds Downtown BID Boundary Proposed Edmonds Downtown BID Boundary and Existing Zoning Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/20/2012 03:25 PM Mayor Dave Earling 11/20/2012 03:40 PM Finalize for Agenda Sandy Chase 11/20/2012 03:42 PM Form Started By: Stephen Clifton Started On: 11/20/2012 03:05 PM Final Approval Date: 11/20/2012 Packet Page 80 of 248 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, INITIATING A PROPOSAL FOR A BUSINESS IMPROVEMENT DISTRICT WITHIN A PORTION OF THE CITY OF EDMONDS. WHEREAS, a petition has been circulated to form a business improvement district within the City of Edmonds downtown area gathering signatures from persons who operate businesses in the proposed area which would pay sixty percent of the total proposed special assessments; and WHEREAS, RCW 35.87A.030 authorizes the city council to initiate a business improvement area by resolution in lieu of petition; and WHEREAS, after initiating a business improvement area by resolution, the city council may adopt a second resolution of intention to establish a business improvement area; and WHEREAS, this resolution only initiates the process of establishing a business improvement area; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. INITIATION OF BUSINESS IMPROVEMENT AREA. A proposed business improvement area is initiated within the area shown on the map attached as Attachment A hereto, which is incorporated herein as if set forth in full. The proposed business improvement area includes the parcels with the tax ID numbers set forth in Attachment B hereto, which is incorporated herein as if set forth in full. Section 2. PROPOSED USES AND PROJECTS. The proposed special assessment revenues would be put to the followings uses and projects: A. Marketing & Hospitality a. Maps/Brochures/Kiosks/Directories b. Web Site c. Social Media d. Marketing/Advertising Campaigns e. Holiday Decorations f. Street Performers/Artists g. Historic Education/Heritage Advocacy h. Special Public Events B. Safety & Cleanliness a. Maintenance b. Security Packet Page 81 of 248 c. Pedestrian Environment Enhancements C. Appearance & Environment a. Design Enhancements b. Neighborhood Advocacy & Communication c. Streetscapes/Lighting/Furniture D. Transportation a. Transportation Alternatives b. Directional Signage c. Parking Management & Mitigation E. Business Recruitment & Retention a. Education/Seminars b. Market Research c. Business Recruitment F. Organization a. Contract Staff & Professional Services b. Administration Costs. Section 3. ESTIMATED RATE OF LEVY. It is proposed that businesses within the BID would pay special assessments. The proposed assessments would not apply to residential property or the residential portion of mixed use property within the BID. The proposed special assessments would be based on the type of business multiplied by the square footage of a business. For special assessment purposes, there would be two business types: “open door” businesses (restaurants, retailers, banks, etc.), and “by appointment” businesses (hair salons, doctors, lawyers, nail salons, insurance providers, counselors, financial advisors, and others). Open door businesses would be assessed at a higher rate than the “by appointment” service and professional businesses. The table below shows the annual proposed special assessment levy rate for both categories of businesses based on their square footage within the business improvement area: Square footage Assessment for "Open Door" Assessment for "By Appointment" 0-499 $90 quarter ($30 per month) $30 quarter ($10 per month) 500-999 $105 quarter ($35 per month) $45 quarter ($15 per month) 1000-1999 $120 quarter ($40 per month) $60 quarter ($20 per month) 2000-4999 $135 quarter ($45 per month) $75 quarter ($25 per month) 5000 and over $150 quarter ($50 per month) $90 quarter ($30 per month) Packet Page 82 of 248 Section 4. ESTIMATED BUDGET. Based on the proposed special assessment and existing number/types of businesses, the estimated revenue that will be generated annually is $86,000. The Edmonds Downtown BID committee anticipates that expenditures on proposed uses and projects references in Section 2 of this resolution will equate to revenue generated. RESOLVED this _____ day of ____, 2012. CITY OF EDMONDS _______________________ MAYOR, DAVID O. EARLING ATTEST: CITY CLERK, SANDRA CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. ____ 4851-5533-3898, v. 1 Packet Page 83 of 248 Attachment A Packet Page 84 of 248 Packet Page 85 of 248 Attachment B Parcel IDs Associated with Edmonds Downtown Business Improvement District 00434400100601 00830800020500 27032300407700 27032300406500 00434202101600 00871500010000 00434209703702 27032300405800 00434202101800 00871500010100 00434209703700 00434212003900 00434202101900 00787600010000 00952100010100 00434212003700 00434202102100 00787600020100 00952100000201 00434212003800 00434202102300 00787600020200 00952100000301 27032300404400 00434202102600 00787600020300 00952100000001 27032300405400 00434202102800 00863300010100 00952100000002 27032300405600 00434202102900 00863300020100 00952100000003 27032300405500 00434202103000 00863300020200 00952100000004 00434401500601 00434202103100 00863300020300 00952100000005 00434401500602 00434212000302 00434401200300 00952100000006 00454800102000 00434212000500 00858900120100 00952100000007 27032300408500 00434212000600 00858900120200 00952100000008 00678200010100 00434212000700 00858900120400 00952100000009 00678200010200 00434212000900 00858900120300 00952100000010 00678200010300 00434212001100 00434400700402 00952100000011 00678200010400 00434212001200 00434400700500 00952100000012 00678200010500 00434212001500 00434400700700 00952100000013 00678200010600 00434212001700 00434400700800 00952100000014 00678200010700 00434212002100 00434400700300 00952100000015 00678200010800 00434212002400 00434400700401 00952100000016 00678200020100 00434212002600 00434400600100 00952100000017 00678200020200 00434212002800 00434400600300 00952100000018 00678200020300 00434212003300 00434400600400 00952100000019 00678200020400 00434212100100 00434400600500 00952100000020 00678200020500 00434212103700 00434400600701 00952100000021 00678200020600 00434212200100 00434400600702 00952100000022 00678200020700 00434212300100 00434400601202 00952100000023 00678200020800 00434209700100 00434400601201 00952100000024 00678200030100 00434209700300 00434400600600 00952100000025 00678200030200 00434209700900 00434400101002 00952100000026 00678200030300 00434209703100 00434400101100 00952100000027 00678200030400 00434209703400 00434400101202 00952100000028 00678200030500 00682200000100 00434400101201 00952100000029 00678200030600 00682200000200 00864100010000 00952100000030 00678200030700 00682200000300 00864100020000 00952100000031 00678200030800 00682200000400 00864100020100 00952100000202 00678200040100 00682200000500 00864100020200 00952100000203 00678200040200 00682200000600 00864100020300 00952100000204 00678200040300 Packet Page 86 of 248 00682200000700 00864100020400 00952100000205 00678200040400 00682200000800 00864100020500 00952100000302 00678200040500 00682200000900 00864100030000 00952100000303 00678200040600 00682200001000 00864100030100 00952100000304 00678200040700 00682200001100 00864100030200 00952100000305 00678200040800 00682200001200 00864100030300 00956300010100 00454800300700 00434209803700 00864100030400 00956300010200 01070900000100 00434209803900 00454800101200 00956300020100 01070900000200 00434209804000 00454800100901 00956300020200 01070900010500 00434212100700 00434401500700 00956300020300 01070900010600 00434212203701 00887300010100 00956300020400 01070900020100 27032300409000 00887300010200 00956300020500 01070900020200 27032300408200 00887300020100 00956300030100 01070900020300 27032300405100 00887300020200 00956300030200 01070900020400 27032300405200 00887300030100 00956300030300 01070900020500 27032300405300 00887300030200 00956300030400 01070900020600 27032300404600 00887300030300 01016400010000 01070900020700 27032300405700 00887300030400 01016400020100 01070900030100 27032300404500 00887300030500 01016400020200 01070900030200 27032300404100 27032300412700 01016400020300 01070900030300 27032300403600 27032300412800 01016400020400 01070900030400 27032300403700 27032300412900 01016400030100 01070900030500 27032300404000 27032300413000 01016400030200 01070900030600 27032300407800 27032300413100 01016400030300 01070900000300 27032300407900 27032300413700 01016400030400 01070900000400 00813900000100 00434401201100 01016400000100 01070900020800 00813900000200 00434401201202 01016400000200 01070900020900 00813900000300 00434401201201 01016400000300 01070900021000 00813900000400 27032300404900 01016400000400 01070900021100 00813900010100 27032300408000 01016400000500 01070900021200 00813900010200 27032300413200 01016400000600 01070900021300 00813900020100 00434400700100 01016400000700 01070900030800 00813900020200 00858900100100 01016400000800 01070900030900 00434401600300 00454800200901 01016400000900 01070900031000 00434401601100 00434400100101 01016400001000 01070900031100 00434401600502 00434400100102 01016400001100 01070900031200 00434401600501 00434400100300 01016400001200 01070900031300 00434401600503 00434400101001 01016400001300 27032300404200 00454800100100 00434400100800 01016400001400 00434212003000 00454800100300 00434400100700 01016400001500 00434212003100 00454800100902 27032300408900 01016400001600 00434401300200 00454800101100 00924700000100 01016400001700 00434401300101 00454800101300 00924700000200 01016400001800 00434401300102 Packet Page 87 of 248 00454800101700 00924700000300 01016400001900 27032600102500 00454800200400 00924700000400 01016400002000 27032600100100 00454800201000 00924700000500 27032300403800 27032300413500 00454800201100 00924700000600 27032300403900 27032300413400 00454800201700 00924700000700 27032300407100 27032600100800 00454800201900 00924700000800 27032300407000 27032600100900 00830800020100 00924700000900 27032300406900 27032600102900 00830800020200 00924700001000 00434212000101 00830800020300 00924700001100 00434212000102 00830800020400 00924700001200 00434212000301 Packet Page 88 of 248 Page 1 Date: November 5, 2012 To: Mayor Earling and City Council members From: Edmonds Downtown Business Improvement District Committee Subject: Proposed Edmonds Downtown Business Improvement District (EDBID) Business Improvement District/Area Overview Business Improvement Districts (BIDs), also known as Business Improvement Areas (BIAs), are designed to aid general economic development and to facilitate merchant and service business cooperation. A BID is a local self-help funding mechanism that allows businesses and/or property owners within a defined area to establish a special assessment district. In Washington State, BIDs are authorized by statute, i.e., the Revised Code Washington. More specifically, the above referenced funding mechanism is an assessment collected from businesses and/or properties within defined geographic boundaries where BID sponsored/supported activities are financed through a special assessment. There are many reasons to create a BID. The most common motivations are that BIDs are conceived, designed, and managed locally by those who are paying the assessments, and everyone in the district will contribute towards funding BID activities. In other words, business owners pool their money to do things they want to do and that are best done collectively. Funds collected are used to provide services for the mutual benefit of businesses and/or properties being assessed and can be used to provide marketing, public area maintenance, security, parking, streetscape improvements, and professional management/services. Each BID typically has a member advisory board made up of members within the BID boundary. The concept of business district management funded through business community supported assessments has been around for many years and gained wide popularity during the 1990s. Under one name or another, well over 1,000 such districts exist throughout the United States, with many more in Canada and throughout the world (Business Improvement Districts in the United States - Rutgers University, 2011). In Washington State, Parking and/or Business Improvement Districts/Areas exist in Olympia, Poulsbo, Richland, Seattle (eight currently active), Spokane, Tacoma, Yakima, Edmonds Downtown Business Improvement Committee Packet Page 89 of 248 Page 2 Auburn, Everett, Burien and Port Angeles; the City of Longview is currently in the process of collecting signatures. Edmonds Downtown Business Improvement District/Area Request The Edmonds Downtown BID Committee, hereafter referred to as “BID Committee”, is requesting the City Council approve a resolution initiating a proposal for an Edmonds Downtown Business Improvement District. This is the first step when considering the formation of a business improvement district. Background on Business Improvement District Related Activities in Edmonds Early exploration of creating a BID within the downtown area of Edmonds began several years ago. The City Council originally expressed support for exploring this option by adopting the City of Edmonds Economic Development Plan in December of 2006. Goal 2, Policy 2e states “Explore options such as Business Improvement Districts/Areas (special assessment districts) as a way to help shopping areas fund marketing and beautification in a sustainable fashion.” An Edmonds BID Committee has been informally meeting since the fall of 2008. Initially, the BID Committee met regularly to discuss steps necessary to create a BID. Once the BID Committee gained an understanding of how BIDs function, and after consulting with individuals with working knowledge of business improvement districts, as well as working with City of Edmonds staff and attorney, the BID Committee created a website www.EdmondsBID.org, conducted outreach to business owners, which included hundreds of one-on-one meetings, hosted an open forum in the Library Plaza Meeting Room, and mailed update letters to business owners. A petition was created and the Edmonds Downtown BID Committee has been collecting signatures of business owners supportive of creating a BID. The committee has signed petitions from businesses that collectively pay at least 60% of the total funds that would be collected from the assessment within the BID. Although RCW 35.87A010(1) and 35.87A030 reference 60% and 50% as necessary thresholds respectively, the BID Committee worked to reach the 60% threshold (as of August 31, 2012) in order to demonstrate broader support for creating a downtown business improvement district among those who will pay into the BID. Attachment 1 contains a list of businesses that support the creation of an Edmonds Downtown BID. Proposed Organizational Structure of Edmonds Downtown BID According to RCW 35.87A.110, “the legislative authority of each city or town or county shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes; however, the legislative authority may Packet Page 90 of 248 Page 3 appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new advisory board or commission for the purpose. The legislative authority may also “contract with a chamber of commerce or other similar business association operating primarily within the boundaries of the legislative authority to administer the operation of a parking and business improvement area, including any funds derived pursuant thereto….. BIDs across the country are managed in a variety of ways. Many BIDs operate as a stand-alone organization. Other BIDs are one of several programs managed by a downtown association, chamber of commerce, or similar business organization. And sometimes – especially with larger programs and budgets – the BID is one of several nonprofit corporations operating together under an umbrella organization. Additionally, under any of the organizational structures above, services may be provided by BID employees, contracted out to independent service providers, or (most commonly) a combination of in-house and contracted services. Independent service providers might be individuals or larger firms that provide services to many organizations. The BID Committee proposes to establish an independent organization governed by a Members Advisory Board which will have a focused mission with dedicated and sustained funding from BID assessments. Initially, the City will appoint an interim advisory board until the BID members chose their own board. The Members Advisory Board will be representative of the district, consisting of business owners paying the assessment. The Members Advisory Board shall ultimately be responsible for: • Adopting operating bylaws outlining the role, purpose, and operations of the Board, including selection and term of Board members, selection of officers, meetings, grievance resolution, and any bylaw amendments. • Appointing officers who represent the body of members that generate work plans and budgets. • Conducting at least one annual members meeting per year as required by RCW 35.87A. The annual meeting will allow members to approve the following year’s work program, budget, and management plan for the BID program. • Preparing an annual work program and report o A BID Members Advisory Board will be required to develop a specific annual work program that is approved by a majority of members attending the annual member meeting. The work program will be submitted to the City for approval. • Hiring and supervising personnel and/or contractors as needed. • Holding regular board meetings. • Investigating and responding to member issues, concerns, and complaints. The City of Edmonds would reserve the right to appoint additional members if the Board does not appear to represent a variety of member classes and geographic diversity in the district. Packet Page 91 of 248 Page 4 Proposed Assessment Rates State law leaves much room for flexibility on how rates can be established. The BID Committee proposes assessing businesses, rather than property owners, because an assessment on businesses ties the BID to those who most directly benefit from its services. Businesses located in the district have much to gain from clean and safe services, physical improvements, economic development activities, marketing and promotions, and district organization. Business owners tend to be more visible and personally involved in activities to improve the district than property owners who may be less hands-on or not often present in the area on a day-to-day basis. The proposed assessments would not apply to residential property or the residential portion of mixed use property within the BID. The proposed assessment would be based on the type of business and its square footage. For assessment purposes, there would be two business types: “open door” businesses (restaurants, retailers, banks, etc.), and “by appointment” businesses (hair salons, doctors, lawyers, nail salons, insurance providers, counselors, financial advisors, and others). Open door businesses would be assessed at a higher rate than “by appointment” service and professional businesses. The table below shows the annual proposed special assessment levy rate for both categories of businesses based on their square footage within the business improvement area. The City will be responsible for sending invoices to members, collecting assessments, and reimbursing the Members Advisory Board according to the work program. New businesses may be exempted, for a period not to exceed one quarter from the date they commenced business within the area, if the BIA ordinance includes this provision. NOTE: Strictly prohibited, are services and programs that specifically benefit only one particular member. For example using BID assessment revenues to finance advertising that would promote an individual store or product is prohibited, while these revenues could be used to promote a health fair, business education seminars, a restaurant weekend, or other events that benefit multiple members and the district as a whole. Square footage of Business BID Assessment Rate "Open Door" BID Assessment Rate "By Appointment" 0-499 $90 quarter ($30 per month) $30 quarter ($10 per month) 500-999 $105 quarter ($35 per month) $45 quarter ($15 per month) 1000-1999 $120 quarter ($40 per month) $60 quarter ($20 per month) 2000-4999 $135 quarter ($45 per month) $75 quarter ($25 per month) 5000 and over $150 quarter ($50 per month) $90 quarter ($30 per month) Packet Page 92 of 248 Page 5 Programs and Services The scope of services provided by Business Improvement Districts/Areas and the annual budgets of BIDs/BIAs vary widely and include providing programs and services such as marketing, public area maintenance, security, parking, beautification, and professional management/services. Upon reviewing the types of programs and projects funded by other local BIDs/BIAs, assessment revenues are proposed to be used for the following programs/uses and projects: A. Marketing & Hospitality a. Maps/Brochures/Kiosks/Directories b. Web Site c. Social Media d. Marketing/Advertising Campaigns e. Holiday Decorations f. Street Performers/Artists g. Historic Education/Heritage Advocacy h. Special Public Events B. Safety & Cleanliness a. Maintenance b. Security c. Pedestrian Environment Enhancements C. Appearance & Environment a. Design Enhancements b. Neighborhood Advocacy & Communication c. Streetscapes/Lighting/Furniture D. Transportation a. Transportation Alternatives b. Directional Signage c. Parking Management & Mitigation E. Business Recruitment & Retention a. Education/Seminars b. Market Research c. Business Recruitment F. Organization a. Contract Staff & Professional Services b. Administration Costs. Proposed BID Boundaries The proposed Edmonds Downtown BID boundaries have been created to general align with BD1 and BD2 zoned land within the downtown waterfront activity area that includes the highest concentration of businesses (Attachment 2 - BID Boundary map). Packet Page 93 of 248 Page 6 This allows the BID area to be broad enough so that the BID raises sufficient revenues to meet its objectives, while at the same time keeping monthly/annual assessments low. Next Steps Should the City Council adopt the attached proposed resolution initiating a proposal for an Edmonds Downtown Business Improvement District, the following steps will be followed to complete the overall process of establishing a BID: 1. Post Council Approval of Resolution of Intention to Establish an Edmonds Downtown BID (RCW 35.87A.040) - The City Council, after passage of an initiation resolution, must adopt a resolution of intention to establish a Business Improvement District. The resolution shall state the time and place of a hearing to be held by the legislative authority to consider establishment of an area and shall restate all the information contained in the initiation petition or initiation resolution regarding boundaries, projects and uses, and estimated rates of assessment. 2. Notice of public hearing (RCW 35.87A.050) – A notice of a public hearing shall be given by: a. One publication of the resolution of intention in a newspaper of general circulation in the city; and b. Mailing a complete copy of the resolution of intention to each business in the proposed, or established, area. Publication and mailing shall be completed at least ten days prior to the time of the hearing. 3. Drafting of City Ordinance (RCW 35.87A.100) - If the City Council, following the public hearing, decides to establish an Edmonds Downtown BID, it shall adopt an ordinance to that effect. NOTE: During the public hearing process, the City Council may change the geographic boundaries of the proposed BID, however, the City Council must provide notice and give the public at least 15 days, after the proposed boundary change, for the public input. Proceedings shall terminate if protest is made by businesses and residential operators in the proposed area which would pay a majority of the proposed special assessments. Packet Page 94 of 248 Page 7 Summary As mentioned earlier in this report, the most common motivations for creating a BID are that BIDs are conceived, designed, and managed locally by those who are paying the assessments to create a thriving downtown. The Edmonds Downtown BID Committee is requesting the City Council help establish a downtown BID and this request is supported by numerous businesses who signed a petition of support. A BID Member Advisory Board, in consultation with members, will use pooled funds to do things that are best done collectively. Funds collected will be used to provide services for the mutual benefit of everyone within in the district. Packet Page 95 of 248 Page 8 Attachment 1 Businesses Expressing Support For Creation of a Business Improvement District 5th Avenue Drycleaners Demetri's WoodStone Taverna A Very Taki Tiki Bar Dethlefs Sparwasser A2Z Technology Dewar, Meeks + Ekram PC ACFEA Tour Consultants Downtown Edmonds Chiropractic Addison Kary, Namaste Massage Duane's Barbershop Advanced Hearing Systems Edmonds Autobody Aeries Two Inc. Edmonds Bakery Amber Salinas Photography Edmonds Bookshop Ameriprise Financial Edmonds Frame Design Aria Studio Gallery Edmonds Theater Arista Wine Cellars Edmonds Vision Center Art Spot Edmonds Vitamins & Herbs Autumn's Framing & Gallery Edmonds Wills & Trusts Averetek Edward D Jones & Co. LP Bank of Washington Edward Jones 5th Ave North Beck's Funeral Home Edward Jones 5th Ave South Bennett and Bennett Edward Jones Main Street Beresford-Booth Engel's Pub Bernheim Stephen Attorney at Law Epulo Bistro Bluefish Designs Europe Through the Back Door Bodyworks Pilates Ewing Electric Inc. Bogdanovich Wealth Management Forma Designs Bountiful Home Garden Gear Broadview Acquisitions and Management Garrett & Ring Management California Concept Hair Design Girardis Osteria Car Finders of Edmonds Inc. Glazed & Amazed Center for Counseling & Health Great American Insurance C'est la Vie Guarantee Home Mortgage Chanterelle Restaurant Foundation for International Services, Inc. Clarke White & Veenstra Hamburger Harry’s Cline Jewelers HDR Engineering Inc. Cole Gallery & Artists' Supplies Hendricks-Bennett Coldwell Banker Bain Associates Hotel Group Comstock Jewelers Inc. HouseWares Curves Interiors of Edmonds Cynderellie's Closet J Rankin Jewelers DA Davidson and Company Jack Murphy's Pub Daphne's Cafe Jill Jacobson, PhD Dayton Dental JLD Diamonds Packet Page 96 of 248 Page 9 Businesses Expressing Support For Creation of a Business Improvement District Joan Longstaff Semantics Gallery Jones G A & Associates Inc. Snap Fitness Kinderbritches Sound Styles Koenig Financial Group Spa La La La Galleria Stafford Creative Inc. Landa Financial State Farm Insurance, Dan Skeels Landau Associates Stewart Family Chiropractic The Loft Teri's Toybox LPL Financial Terwedo Financial Services Main Street Burgers Thai Cottage Restaurant Manya Vee Selects Traner Smith & Co PS McDevitt & Andreason CPAs PS Treasures and Teas McGinness Insurance Agency Inc. Twist Vinyasa Yoga McRae Capital Management Union Bank Merri Lee Jacobs, PhD Vatika Indian Cuisine Milltown Nails & Skincare Walnut Street Coffee Moda Hair Café & Day Spa Washington Federal Bank, Edmonds Branch Nama's Candy Store Waterfront Coffee Co. Nancy's Nails & Spa Waterfront Counseling, Steven Dill Noelle E Mestres, MSW LICSW Welco Ombu Salon & Spa Windermere Real Estate, Edmonds Branch Opus Bank, Edmonds Branch The Wishing Stone Pacific Flower Shippers Inc. The Wooden Spoon The Papery Wurdeman and Tesch Petosa's Family Grocer Yesterday's Consignment Picerne Military Housing Puget Sound Tax Services R Miller Construction Radwick and Lightle RBC Wealth Management Designer Consigner Red Petal Cakes Red Twig Reliable Floor Coverings Inc. The Resident Cheesemonger Revelations Yogurt Rory's of Edmonds Saetia Salon 512 Salon Pena The Savvy Traveler Packet Page 97 of 248 Page 10 Attachment 2 Packet Page 98 of 248 Page 11 Packet Page 99 of 248 Downtown Edmonds Business Improvement District Packet Page 100 of 248 Why are we here? To encourage City Council to approve the resolution to initiate the downtown Edmonds Business Improvement District (BID) A BID has the ability to strengthen downtown businesses and build a stronger sense of community “My barber is down the street. My lawyer is my next-door neighbor. My accountant is three doors down. My chiropractor is up the street. My bank is down the alley.” We’re all in this together, and together, we have the ability to create a thriving business district Packet Page 101 of 248 What is a BID? Self funding mechanism to improve a town’s vitality A powerful tool that allows for an assessment on businesses within a defined area Funds collected are used for the benefit of businesses being assessed Revenues from BID assessments are typically used to fund programs such as marketing, public area maintenance, security, parking, beautification, economic development, and/or professional services BIDs are a private/public partnership. They are most often advised by a member advisory board made up of members Packet Page 102 of 248 Origin and Growth of BIDs Concept began in the 1970s Gained wide popularity during the 1990s - BIDs/BIAs exist throughout the United States as well as Canada and overseas Across the country, downtowns began to realize they could compete and survive by collaborating The scope of services provided by a BID can vary based on the needs of the community Goal 2, Policy 2e of the Edmonds Economic Development Plan states: “Explore options such as Business Improvement Districts/Areas (special assessment districts) as a way to help shopping areas fund marketing and beautification in a sustainable fashion.” Packet Page 103 of 248 Edmonds BID: One in 1,100 Packet Page 104 of 248 Why create an Edmonds BID? An attractive and thriving downtown is a crucial component to a vibrant community – it’s the heart and soul An increasingly successful downtown increases tax revenues for the city Funding initiatives through a BID helps businesses by making Edmonds the place where people choose to shop, eat, find professional services, and locate and conduct business By working collectively, we accomplish more Packet Page 105 of 248 BID Goals Focused, self funded, affordable effort designed and executed by downtown business owners Improve profitability and competiveness with neighboring towns, malls and online services Ensure that our service and retail businesses benefit Proactive and forward looking approach Downtown is the centerpiece of our entire city. Let’s work to increase the drawing power of the downtown, strengthen its economy and create a vibrant community Packet Page 106 of 248 Edmonds BID – what we’ve done so far Formed an Edmonds Downtown BID Committee consisting of service and retail business owners Committee outreach included: Met one-on-one with hundreds of fellow business owners Sent informational letters and press releases Hosted a public meeting Met with city staff Presented to DEMA, Chamber and Rotary business organizations Garnered support via petitions – signatures of business owners representing over 60% of the total assessment within the BID Packet Page 107 of 248 BID Boundaries and Assessment Structure Geographic boundaries generally align with commercial zoning – BD1 and BD2 – where the highest concentration of businesses are located Created two assessment categories - open door and by appointment Packet Page 108 of 248 Proposed Rates Square footage "Open Door” Assessment "By Appointment” Assessment 0-499 $90 per quarter $360 per year $30 per quarter $120 per year 500-999 $105 per quarter $420 per year $45 per quarter $180 per year 1000-1999 $120 per quarter $480 per year $60 per quarter $240 per year 2000-4999 $135 per quarter $540 per year $75 per quarter $300 per year 5000 and over $150 per quarter $600 per year $90 per quarter $360 per year Packet Page 109 of 248 Questions How is the BID proposed to be governed? BIDs are not typically governed by the City Council but advised by Member Advisory Boards made up of business owners paying an assessment (allowed under RCW 35.87A.110 ) A Member Advisory Board will meet annually to establish a business plan to be approved by a majority of BID members attending the annual membership meeting…..prior to submitting to the City Packet Page 110 of 248 Questions How will assessments be collected? The City will invoice members and collect the assessments on behalf of the BID An assessment schedule has been reviewed and is supported by City of Edmonds Finance Department Packet Page 111 of 248 Questions Can council change the BID area and/or rates after a BID is formed? Boundary - State law allows a legislative body to change or modify a BID boundary. RCW 35.87A.070 and RCW 35.87A.075 Assessment Rate - State law allows a legislative body to change or modify BID assessment rates. RCW 35.87A.140 NOTE: Changes must be initiated by City Council by resolution with notice to the affected BID members and only after conducting a public hearing. If members who will pay a majority of a proposed additional assessment protest these changes at the hearing, the process to make these changes must stop. Packet Page 112 of 248 Questions Does Council control the spending? The legislative authority has sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes. The legislative authority may contract with a chamber of commerce or other similar business association, e.g., BID Member Advisory Board, operating primarily within the boundaries of the legislative authority to administer the operation of a business improvement area, including any funds derived pursuant thereto. RCW 35.87A.110 Packet Page 113 of 248 Smart Investment Powerful Public/Private Partnership – we are here to support our city leaders and your desire to have a strong and vibrant city A BID is the perfect compliment to your vision – and it’s self funded Edmonds has so much to be proud of – but the status quo is not a smart or sustainable business model BID brings focused and dedicated resources – a united voice that builds on the best of what Edmonds’ offers Packet Page 114 of 248 Action Plan Gateway and Wayfinding Signage Let visitors know they’ve arrived. Offer a solid sense of place and great pride in our community. Increase the pride and community spirit for residents – educate everyone about what Edmonds has to offer. Beautification Develop visual clues that make all of us feel more welcome all year round. Art, benches, lighting... Consistent Look and Feel Everything we touch and develop in Edmonds is created with purpose – and unlike anything we have seen or done before. Experiential Marketing – marketing with a purpose Building a laser focus to keep people visiting, spending time and spending money in Edmonds will increase revenue for service and retail businesses Packet Page 115 of 248 Working Together When we develop a greater reason to believe, we have locals spending more time and money here while attracting new visitor spending to Edmonds Creating a business community with one unified voice is our #1 job as a BID Like you, we want to see a vibrant, exciting future for our city. We live and work here. We frequent the local service and retail businesses. We know we are all in this together. You can help us build a stronger, more vibrant and sustainable future. Packet Page 116 of 248 0 270 540135Feet City of EdmondsBID Boundary Packet Page 117 of 248 August 2011 1 inch = 250 feet City of Edmonds121 5th Ave NEdmonds, WA 98020 0 500 1,000250Feet BID Parcels Zoning BC BD1 BD2 BD3 BD4 BD5 City of EdmondsBID Boundary & Zoning Downtown Business Improvement District Packet Page 118 of 248 AM-5290 7. City Council Meeting Meeting Date:11/27/2012 Time:30 Minutes Submitted By:Carrie Hite Department:Parks and Recreation Review Committee: Public Safety/Personnel Committee Action: Recommend Review by Full Council Type: Action Information Subject Title Nonrepresented Compensation Policy Recommendation Council adopt language for the Nonrepresented Compensation Policy. Staff will bring back final version on consent. Previous Council Action December 7, 2010: Council voted to authorize $50,000 to hire a Compensation Consultant to complete a nonrepresented compensensation survey and policy review, and a complete job description update. March/April/May 2011: There were various discussions with the Public safety and HR Committee, who forwarded to Council the RFP/RFQ for approval. J une 21, 2011: Council voted to advertise an RFQ/RFP for a Compensation study and job description update to be completed. August 10-Sept 2, 2011: RFP was published. October 10th, 2011: Council President Peterson and Council member Fraley-Monillas and staff interviewed three firms and forwarded a reccomendation to Council. October 18th, 2011: Council awarded a contract to Public Sector Personnel Consultants ( PSPC ). October 25th, 2011: PSPC briefed Council on the process of performing a job description update and nonrepresented compensation study and policy review. December 6, 2011: Council discussed comparator cities and reqeusted staff to bring back alternatives. December 20, 2011: Council adopted comparator cities for the study. July 24th, 2012 Council discussed final report and recommendations. Council requested an additional meeting to receive public comment, and narrow down options to adopt nonrepresented compensation for 2012, and a Nonrepresented Compensation Policy. September 25th, Council adopted compensation measures for Non represented employees for 2012, and discussed Nonrep Compensation Policy. At the meeting, Lora Petso and Diane Buskshnis volunteered to email Council feedback for revisions to the policy. November 5, 2012, Council requested time to submit comments, and for staff to bring this back on November 27, 2012. Narrative Packet Page 119 of 248 Attached is the original version of the Nonrepresented Compensation Policy as recommended by the Compensation Consultant. In addition, attached is a redline version of the Nonrepresented Compensation Policy as proposed by the two Council members that worked on edits of the policy. As a guide, attached is a summary table that outlines the main tenets of the compensation consultant's recommendation alongside the two Council members suggested language. In addition, the Mayor and Council President Peterson are recommending a compromise proposal that may be both amenable to Council, and continue to offer equity to the nonrepresented employees. It is the Mayor and Council President Peterson's recommendation that Council consider his proposal. Attachments Comparison table, Compromise Proposal Redline with Council edits Compensation Consultant Recommendation Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/20/2012 01:29 PM Mayor Dave Earling 11/20/2012 02:02 PM Finalize for Agenda Sandy Chase 11/20/2012 02:34 PM Form Started By: Carrie Hite Started On: 11/20/2012 09:15 AM Final Approval Date: 11/20/2012 Packet Page 120 of 248 Non-Represented Employee Compensation Policy Consultant and Council Comparison Section Compensation Consultant/Mayors’ Recommendation Councilmember Lora Petso, Diane Buckshnis, Joan Bloom. Mayor/Council President Peterson Compromise Recommendation, Councilmember Frank Yamamoto Notes Policy statement Ensure that salaries are equitable Strive to maintain equity. Strive to maintain equity Salary Range Progression 5% Step increase after 6 months successful probation 5% Step increase after one year, with satisfactory performance, and every year after that until at maximum salary range. Automatic with above formula. Completion of 6 months of probation, then 5% step increase in the following January, and every January after that until employee reaches maximum range. Proposed as part of budget, and subject to Council approval. 5% step increase after 6 months of probation, then the January following one year anniversary, and every January after that until employee reaches maximum salary range. Automatically made part of the Mayor’s budget. Recommend language to have steps in January of every year. Promotion Non represented job to Non-represented job Represented job to Non -represented job Receive an increase not less than 5%, or adjusted to the minimum salary level of the new position, whichever is greater. Same as above, and consideration of other cash compensation being received in former position. Placed on first step of new range, or lowest step of new range that results in an increase in current salary ( no minimum) Same as above, and consideration of other cash compensation being received in former position. The employee will get the lesser of 5% increase or the amount to get them onto a step. After that, it would follow the Salary Range Progression plan. Same as above, and consideration of other cash compensation being received in former position. The 5% minimum is consistent language with all represented employees, and personnel policy, and strives to maintain equity. Annual Salary Adjustments Salary ranges will be adjusted at a rate no less than the average adjustment negotiated and approved for represented employee groups. City will maintain a minimum of a 10% increment between the salary ranges at midpoint of Mayor will consider the average adjustment negotiated and approved for represented groups, and will make recommendation to Council for approval in budget process. Mayor will make appropriate and timely recommendations to City Council to maintain internal equity Mayor will include annual salary adjustments in the budget that are no less than the average adjustment negotiated and approved for represented employee groups. Budget is subject to Council approval. Mayor will include appropriate adjustments in the budget that will mitigate any compression issues and This would strive to maintain equity. Packet Page 121 of 248 Non-Represented Employee Compensation Policy Consultant and Council Comparison supervisor classifications and those being supervised. Every three years, based upon the survey data, salary ranges for Non represented positions will be realigned, based on criteria. and prevent compression issues. Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments to Council based on criteria. strive to maintain equity. Every three years, based upon the survey data and criteria, the Mayor will adjust salary ranges for Non represented positions as part of the budget process. External/Internal Equity To be more competitive in the market place, the City will provide: Deferred Compensation 2% and/or Management Leave, 40 hours Longevity incentive pay, consistent with all represented groups. Commissioned Police management : Educational Incentive Pay Employment Contract Delete all, and add: Mayor will make appropriate and timely recommendations to City Council to consider changes to the compensation and/or benefits of non-represented employees. To be more competitive and equitable both internally and externally, the City will provide: Management leave of up to 24 hours per year, on a use it or lose it basis, to non-represented employees that are not eligible for compensatory time. Longevity incentive pay that is consistent with all represented groups. This would be in alignment with both external and internal comparators, and would strive to maintain equity. Packet Page 122 of 248 D R A F T PERSONNEL POLICY NON-REPRESENTED EMPLOYEE COMPENSATION The City’s non-represented compensation policy strives to maintain equity, by offering competitive salaries and benefits in order to attract and retain high quality staff and an effective work force. equity in pay for all employees, offers competitive salaries to attract high level applicants, offers internal equity to foster long-term retention of valuable employees, and rewards meritorious job performance. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable jobs, and within budget limitations. It is also the policy of the City to strive to maintain ensure that salaries are salaries that are internally equitableyequitable, in proper relationship to all other jobs within the City, within reasonable budget parameters. SALARY RANGE PROGRESSION Salary ranges for non-represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven-step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may be offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range, is subject to approval by the Mayor prior to the offer of employment. When Employees are hired, they will complete a six month probationary period upon demonstrating that they have completed with satisfactory work during this period. Employees hired January through June during the year, will be advanced to their next pay step on January 1st of the next year in which they were hired. Employees hired in July through December, will be advanced to their next step on Janaury 1st on the year after the next year they were hired.of the following year. For example, an employee hired on February 1, 2012 would be placed at their next step on January 1st 2013. An employee hired on November 1, 2012 would be placed at their next step on January 1st, 2014. Employees with satisfactory job performance will advance to each next step of the salary range on January 1st of each succeedingssive year, until reaching their maximum step. .generally advanced to the next salary step increment after six months of satisfactory job performance, and each succeeding year, after a concurrent performance evaluation has been completed by their supervisor, until reaching the maximum step. An employee who fails to achieve at least a satisfactory overall rating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. In the event of promotion of a non-represented employee to another non-represented job classification in a higher pay range, the employee will be placed on the first step of the new salary range, or the lowest step in the new range that results in an increase ofto their current Formatted: Justified Formatted: Superscript Formatted: Superscript Formatted: Superscript Packet Page 123 of 248 salary.receive a salary increase of not less than 5% or will be adjusted to the minimum salary level of the new position’s salary range, whichever is greater. To ensure internal equity, employees promoted from a represented position to a non- represented position in a higher pay range, will be placed on the first step of the new salary range, or the lowest step in the new range that results in an increase of to their current salary, receive a gross salary increase of not less than 5% or the minimum salary level of the new position’s salary range, whichever is greater, including consideration of other cash compensation being received in the former position. In the event of a lateral placement of a non-represented employee to another non-represented job classification in the same pay range, the employee will not receive a salary increase. ANNUAL SALARY ADJUSTMENTS The Mayor will recommend the adjustment of salary ranges for non-represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. The Mayor’s recommendation will take into consideration Salary ranges for non-represented employees will be adjusted at a rate not less than the average adjustment negotiated and approved for represented employee groups. Each employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. In addition, the City will attempt to mitigate compression issues as they arise. The Mayor will make appropriate and timely recommendations to City Council to maintain internal equity and prevent compression issues. To maintain internal equity and to prevent compression within the ranks, the City will maintain the minimum of a 10% increment between the salary ranges at midpoint of supervisor classifications and those supervised. Additionally, the City will ensure that salary ranges of non- represented positions are equal to or exceed salary ranges for comparable represented positions. The City will attempt to mitigate compression issues as they may arise. MARKET ANALYSIS The Human Resources Department will conduct compensation surveys for each non- represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation (“Qualified Comparable Cities”): • Comparable cities must be located in Snohomish, King, Pierce, Thurston, or Kitsap counties; and • Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and • The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over/under Formatted: Justified Packet Page 124 of 248 criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. Additionally, private sector data will be gathered and considered where it is a significant factor in the City’s competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well-defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Non-benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume the position of a lead pay policy compared to the market; therefore the median or 50th percentile of the mid-range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments salary ranges for non-represented positions to City Council. The Mayor will consider the following criteria in developing the recommendation: will be realigned, to m1. Maintain the mid-point of each salary range between 5% high/low of the mid-point of the comparator city median. 2 Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. 3. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new pay ranges. 4. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. EXTERNAL/INTERNAL EQUITY To be more competitive in the market place, the City will provide a deferred compensation contribution of 2% for non-represented employees. If the City is financially unable to offer the deferred compensation contribution, the City will provide non-represented employees with 40 hours of Administrative Leave annually. Administrative Leave will have no cash-out value and will not be carried over at the end of the calendar year. To address internal equity issues among all employees, Non-represented employees will be eligible for receipt of Longevity Incentive Pay, consistent with that provided by SEIU, Teamsters, and the Edmonds Police Officers’ Association represented employees. In addition, to avoid inequity between supervisory ranks, and to eliminate disincentive for promotion within the Department, Commissioned Police management personnel will be eligible Packet Page 125 of 248 for receipt of an Educational Incentive Pay, consistent with that provided to Edmonds Police Officers’ Association represented employees. Non-represented at-will employees will be provided with an employment contract that articulates all compensation and benefits, as well as severance provisions that will be imposed in the event that their employment is involuntarily terminated. Packet Page 126 of 248 D R A F T PERSONNEL POLICY NON-REPRESENTED EMPLOYEE COMPENSATION The City’s non-represented compensation policy strives to maintain equity in pay for all employees, offers competitive salaries to attract high level applicants, offers internal equity to foster long-term retention of valuable employees, and rewards meritorious job performance. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable jobs, and within budget limitations. It is also the policy of the City to ensure that salaries are internally equitable, in proper relationship to all other jobs within the City. SALARY RANGE PROGRESSION Salary ranges for non-represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven-step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may be offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range, is subject to approval by the Mayor prior to the offer of employment. Employees are generally advanced to the next salary step increment after six months of satisfactory job performance, and each succeeding year, after a concurrent performance evaluation has been completed by their supervisor, until reaching the maximum step. An employee who fails to achieve at least a satisfactory overall rating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. In the event of promotion of a non-represented employee to another non-represented job classification in a higher pay range, the employee will receive a salary increase of not less than 5% or will be adjusted to the minimum salary level of the new position’s sala ry range, whichever is greater. To ensure internal equity, employees promoted from a represented position to a non- represented position in a higher pay range, will receive a gross salary increase of not less than 5% or the minimum salary level of the new position’s salary range, whichever is greater, including consideration of other cash compensation being received in the former position. In the event of a lateral placement of a non-represented employee to another non-represented job classification in the same pay range, the employee will not receive a salary increase. ANNUAL SALARY ADJUSTMENTS Packet Page 127 of 248 The Mayor will recommend the adjustment of salary ranges for non-represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. Salary ranges for non-represented employees will be adjusted at a rate not less than the average adjustment negotiated and approved for represented employee groups. Each employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. To maintain internal equity and to prevent compression within the ranks, the City will maintain the minimum of a 10% increment between the salary ranges at midpoint of supervisor classifications and those supervised. Additionally, the City will ensure that salary ranges of non- represented positions are equal to or exceed salary ranges for comparable represented positions. The City will attempt to mitigate compression issues as they may arise. MARKET ANALYSIS The Human Resources Department will conduct compensation surveys for each non- represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation (“Qualified Comparable Cities”): Comparable cities must be located in Snohomish, King, Pierce, Thurston, or Kitsap counties; and Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over/under criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. Additionally, private sector data will be gathered and considered where it is a significant factor in the City’s competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well-defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Non-benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. Packet Page 128 of 248 Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume the position of a lead pay policy compared to the market; therefore the median or 50th percentile of the mid-range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, salary ranges for non-represented positions will be realigned, to maintain the mid-point of each salary range between 5% high/low of the mid- point of the comparator city median. Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new pay ranges. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. EXTERNAL/INTERNAL EQUITY To be more competitive in the market place, the City will provide a deferred compensation contribution of 2% for non-represented employees. If the City is financially unable to offer the deferred compensation contribution, the City will provide non-represented employees with 40 hours of Administrative Leave annually. Administrative Leave will have no cash-out value and will not be carried over at the end of the calendar year. To address internal equity issues among all employees, Non-represented employees will be eligible for receipt of Longevity Incentive Pay, consistent with that provided by SEIU, Teamsters, and the Edmonds Police Officers’ Association represented employees. In addition, to avoid inequity between supervisory ranks, and to eliminate disincentive for promotion within the Department, Commissioned Police management personnel will be eligible for receipt of an Educational Incentive Pay, consistent with that provided to Edmonds Police Officers’ Association represented employees. Non-represented at-will employees will be provided with an employment contract that articulates all compensation and benefits, as well as severance provisions that will be imposed in the event that their employment is involuntarily terminated. Packet Page 129 of 248 AM-5291 8. City Council Meeting Meeting Date:11/27/2012 Time:30 Minutes Submitted By:Carrie Hite Department:Parks and Recreation Committee: Public Safety, Personnel Type: Action Information Subject Title Review of Nonrepresented Job Descriptions Recommendation Council approve non represented employees updated job descriptions. Previous Council Action December 7, 2010: Council voted to authorize $50,000 to hire a Compensation Consultant to complete a non-represented compensation survey and policy review, and a complete job description update. March/April/May 2011: There were various discussions with the Public Safety and HR Committee, who forwarded to Council the RFP/RFQ for approval. June 21, 2011: Council voted to advertise an RFQ/RFP for a Compensation study and job description update to be completed. August 10-Sept 2, 2011: RFP was published. October 10th, 2011: Council President Peterson and Council member Fraley-Monillas and staff interviewed three firms and forwarded a recommendation to Council. October 18th, 2011: Council awarded a contract to Public Sector Personnel Consultants ( PSPC ). October 25th, 2011: PSPC briefed Council on the process of performing a job description update and non-represented compensation study and policy review and has been working on these throughout the year. September 11, 2012: Personnel committee forwarded all respresented job descriptions to Council for approval and requested additional working meetings to suggest changes to the represented job descriptions. November 13, 2012: Personnel committee forwarded nonrepresented job descriptions to Council for approval. Narrative The City received a WCIA audit finding in 2010 in regard to outdated job descriptions and Personnel Policies. The job descriptions include updates to legislative changes, and are now in compliance with state and federal laws. The descriptions were drafted by the Compensation Consultant, and reviewed by individual employees and labor unions, and approved the Directors and Mayor. The represented employee job descriptions were forwarded to Council for approval on the consent agenda. The Personnel Committee has been working with HR to recommend further changes to the Packet Page 130 of 248 nonrepresented job descriptions. Attached is a list of changes the Personnel Committee is recommending for the nonrepresented employee job descriptions. The Personnel Committee has spent considerable amount of time thoroughly reviewing these. Most of the changes recommended are descriptive and consistent in nature. However, after review from staff and the Mayor, there were concerns about a few of these changes. These concerns were discussed at the previous committee meeting, and changes were agreed upon with the Council committee and the Mayor. A copy of the job descriptions will be given to Council at their request, made available in the Council office for review, and will be available at the meeting. Attachments Changes made to JD's Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/20/2012 12:07 PM Mayor Dave Earling 11/20/2012 12:19 PM Finalize for Agenda Sandy Chase 11/20/2012 01:29 PM Form Started By: Carrie Hite Started On: 11/20/2012 09:20 AM Final Approval Date: 11/20/2012 Packet Page 131 of 248 Changes made to the Non-Represented job descriptions: 1. Updated job descriptions to include federal (as well as state and city requirements) to all job descriptions. Response: reword, to state “ work within federal, state, local laws, codes, regulations. Agreed Upon by the Personnel Committee. Confirmed. 2. Updated job descriptions to add “Supervise” in front of coaching, training and motivating staff bullet. 3. Added “key member of the Emergency Operation Center (EOC)” to all Director positions. Response: reword to state “ fulfill roles and responsibilities on the EOC team as assigned by the Mayor or Department Director” . Agreed Upon by the Personnel Committee . Confirmed. 4. Added “best management practices” to the Required Skills section for all supervisory and above level positions. 5. Added “law enforcement” to the Assistant Police Chief and Police Chief Position Purpose section. 6. Revised educational requirements for all the Directors (except PW & Utilities and Police Chief) to include 7 years of experience with 4 in a supervisory capacity. 7. Changed “contact with abusive members of the public” under the Hazards section to “contact with angry or dissatisfied customers.” 8. Standardized wording per Kristiana’s list provided of items for the Essential Functions and Responsibilities section Such that the first 7-10 bullets are all very similar in wording. 9. Changed the compliance of code and laws to be included in the first bullet of each Director job description. 10. Revised wording about delegating authority (only allowed for Director job description) such that “In circumstances where a Director needs to delegate legal authority, this must be delegated to another City Director or the Mayor.” Delete this from all Director’s job description. Reword based on logical alternatives and in consultation with Tarraday. Based on code, come up with language. Suggested Language: Directors are responsible for the operations of their departments, and may delegate signing authority except as limited by the provisions of Edmonds City Code. or state or federal law. Agreed Upon by the Personnel Committee. 11. Removed any “updating of code” language, especially with regard to non-Director job descriptions to read that, “To the extent the code is inconsistent, the employee will document this for future code updates, and work with their supervisor, who in turn will work with the Director to interpret and apply code and will keep documentation of this interpretation.” Keep the changes in wording of “ recommend updates to code. Delete all other references to keeping documentation. Add a bullet to the Directors job descriptions: Packet Page 132 of 248 Suggested Language: Recommend code interpretations and/or updates based on experience with codes and daily operations Agreed Upon by the Personnel Committee. 12. Added wording to the director job descriptions to replace the current wording to now read as follows, “At the direction of the Mayor, works with Council to provide thorough information, analysis, pros/cons, consequences, option s and recommendations for Council on specific topics.” 13. Added wording to the Essential Functions and Responsibilities section that the Police Chief is held to the working conditions of a police officer position (essential functions of a police officer position). 14. Revised wording in Senior Planner, Associate Planner and Senior and Engineering PM job descriptions regarding code updates/changes to, “Prepares and maintains a variety of records and reviews related to assigned activities; updates or makes recommendations regarding policy or code changes to the department head as necessary. To the extent the code is inconsistent, the employee will document this for future code updates, and work with their supervisor, who in turn will work with the Director to interpret and apply code and will keep documentation of this interpretation.” Mayor’s Response: I cannot accept the last sentence in this paragraph. See number 11 above. Agreed Upon by the Personnel Committee . Confirmed. Delete this in job descriptions. 15. Moved drug testing requirements for those positions that have a drug test requirement as part of a conditional offer of employment to a new “Other Requirements” section in the job description. 16. Standardized educational/experience language to be an Associates’ degree or vocational training and 6 years of experience with 3 years of supervisory experience (or a combination) for all PW manager positions (Fleet, Street/Stormwater, Water/Sewer, Facilities, City Engineer and WWTP). 17. Added “Perform related duties as assigned by the Mayor” to the Essential Functions section. 18. Added “Develops action plans and metrics; analyzes operational results and assures the effective allocation and utilization of resources.” 19. Added “GIS” to the Finance Director job description Position Purpose section. 20. Added “Responsible for all functions related to review of proposed development activities” to the Position Purpose section of the Development Services Director job description. 21. Added “Acts as SEPA Official” to the Essential Functions section of the Development Services Director job description. Packet Page 133 of 248 22. Removed “Interpreting various financial reports, bank statements, journal entries and ledgers sufficient to prepare reports, resolve issues/problems and/or explain entries” and “Preparing and analyzing comprehensive statistical data and numerical computations and comprehensive reports “ from the Development Services Director job description Required Skill in section. 23. Added “Prefer Master degree, ACIP certification or PE license” to the Development Service Directo r Education and Experience section. 24. Added “Building, Engineering, Planning functions” to the “Knowledge of” section of the Development Services Director job description. 25. Added “including quarterly report to the Planning/Parks Board” to the Essential Functions section of the Parks, Recreation & Cultural Services Director job description. 26. Changed wording from “Works closely” to “Promotes Economic Development” in the Essential Functions section of the Parks, Recr eation & Cultural Services Director job description. 27. Added “Public information programs” to the Essential Functions section of the Community Services & Economic Development Director (CSED) job description. 28. For the bullet reading “At the directon of the Mayor…” added “provides direct support to City Council, works with” to the Esssential Functions section of the CSED job description. 29. Added “Assists the Mayor and Council” to the third to last bullet starting with “Assists the Mayor” in the Essential Function s section of the CSED job description. Mayor: Also, add “ At the Direction of the Mayor to “ serves as in house consultant on long range and strategic planning , assists Council, ……( this is below number 28 in the job description). Mayor’s response: I cannot accept this change. I suggest original wording for this line. The CSED reports directly to the Mayor. Agreed upon by the Personnel Committee. 30. Added “Masters degree preferred, AICP certification or PE license preferred” to the CSED job description under Education and Experience section. 31. Added “Develops criteria to evaluate project priorities” under the Essential Functions section of the Transportation Engineer job description. 32. Added “Staff liaison to boards and commissions” responsibilities to the Essential Functions section of the Transportation Eng ineer job description. 33. Added “Transportation Demand Management and Transportation System Management principles” to the Required Knowledge section of the Transportation Engineer job description. Packet Page 134 of 248 34. Added “Transportation” to Required Skill in section for the first and second bullets. 35. Added “Transportation Planning” to the Education and Experience section of the Transportation Engineer job description. 36. Changed the title of the Cultural Services Manager position to “Arts & Cultural Services Programs Manager (ACSPM)” Comment: Remove “Services” in the job title. Agreed Upon by the Personnel Committee . Confirmed. 37. Removed “economic resource” and “community” from the ACSPM job description. 38. Removed supervisory language from the ACSPM job description. Comment: Keep some of this language, as this position supervises contract staff, artists contracts, presenters, and volunteers. Add a line item about this position is responsible for “ supervising contract staff, artists, etc. Agreed Upon by the Personnel Committee . Confirmed. 39. Added language regarding program and capital projects management to the Essential Functions section of the ACSPM job description. 40. Revised wording nine bullets down in the Essential Functions section of the ACSPM to add “Write on the Sound conference.” 41. Added “public art” to the first bullet on page two of the ACSPM job description under the Essential Functions section. 42. Added “research and survey methods” to the Required Skill in section of the ACSPM job description. 43. Removed “Economic Development” and added “Fine Arts, Performing Arts” to the Education and Experience section of the ACSPM job description. Comment: Fine Arts and Performing Arts fields are not necessarily qualifiers for this position. Remove Economic Development, and keep other language, with wording that indicates “ related field” . Remove Fine Arts and Performing Arts, add some reference to ED in job description itself. Agreed Upon by the Personnel Committee. Confirmed. 44. Added “Provides advice and counsel to staff, develops or assists with developmental work plans for staff; makes recommendations and/or implements corrective actions, discipline and termination procedures as appropriate/necessary or as directed” to the Parks Manager job description. 45. Added “Assists the Director in the development and implementation of department goals, objectives, work plans and long-range plans, establishes division goals, objectives and priorities and assists with department project presentations” to the Parks Manager job description. Packet Page 135 of 248 AM-5292 9. City Council Meeting Meeting Date:11/27/2012 Time:30 Minutes Submitted By:Carrie Hite Department:Parks and Recreation Committee: Public Safety, Personnel Type: Action Information Subject Title Personnel Policy Review Recommendation Personnel Committee, along with Council President Peterson, are forwarding the Personnel Policies to full Council for review, discussion, and adoption. Previous Council Action September 11,2012: Personnel Committee received the updated Personnel Policies for review. November 13,2012: Personnel Committee, along with Council President Peterson discussed the possible process of review for the updated Personnel Policies, and have forwarded them to Council for dicussion. Narrative The City also received a WCIA audit finding in 2010 in regard to the outdated Personnel Policies. This revision has taken place over the last year, and included a complete revision to be in compliance with state and federal law. The revised policies have been reviewed by the Directors, WCIA, Lighthouse Law, Teamsters, SEIU, EPOA, and the Mayor. Attached is a memo describing the process and summarizing the changes. Also attached is a redline version of the updated personnel policies. Attachments Council memo Redline Policies Form Review Inbox Reviewed By Date City Clerk Sandy Chase 11/20/2012 12:07 PM Mayor Dave Earling 11/20/2012 03:40 PM Finalize for Agenda Sandy Chase 11/20/2012 03:42 PM Form Started By: Carrie Hite Started On: 11/20/2012 09:30 AM Final Approval Date: 11/20/2012 Packet Page 136 of 248 Council Memo Personnel Policies November 20, 2012 BACKGROUND: In 2010, the Washington Cities Insurance Authority (WCIA) conducted an audit of the City of Edmonds Human Resources function. In their audit findings, the WCIA recommended that the City review and update their Personnel Policies, which were revised and adopted in 2002. The Edmonds Personnel Policies provide a centralized resource for the City’s administrative policies—they incorporate applicable references to State and Federal law; integrate City Code requirements; and serve as a reference for all employees regarding day-to-day employment questions. These Policies have been revised to include changes in Washington State and Federal law; the Edmonds City Code and Ordinances; and procedures specified by contract service providers (i.e. AWC Substance Abuse Administrative Procedures). They also include modifications that reflect changes in technology; clarify current practices; incorporate “best practices” in the field; and contemporize language. The draft Personnel Policies have been reviewed by the City Attorney, WCIA legal counsel, City Department Directors and Managers, and Union Representatives. It should be noted that with the exception of the sections regarding workplace searches and post-accident drug and alcohol testing, the proposed changes have the support of these representatives. As they are mandatory subjects of bargaining, an MOU has been prepared to exempt the EPOA membership from the changes to these two provisions due to their objections. These changes will be addressed however, when negotiations commence regarding a new Collective Bargaining Agreement. The Mayor will be responsible for operating the City of Edmonds within the parameters of the Policies, and for ensuring that each employee has received a copy. RECOMMENDATIONS: 1. That the City Council approve the proposed revised Personnel Policy document. 2. That the City Council specifically review changes in the proposed Personnel Policy document that relate to Edmonds City Code requirements to ensure consistency. 3. That the City Council authorize the City Attorney to prepare an ordinance to modify the Edmonds City Code as necessary, to reflect changes in personnel policies and practices. Packet Page 137 of 248 DISCUSSION: Recommendation 1: As noted previously, the proposed changes to the Personnel Policies are routine modifications necessary to incorporate changes in State, Federal and City law, clarify current practices and update language. While numerous minor changes have been proposed, the most significant changes have been made in the following areas: CHAPTER I—Purpose and Scope Proposed changes include updating the definition of “immediate family” to include Registered Domestic Partners. This updated language is incorporated throughout the document. CHAPTER II—Anti-Harassment Policy and Complaint Process This policy has been strengthened and updated, and conforms to the requirements of Title VII of the Civil Rights Act of 1964 as amended, and to the Washington State Law Against Discrimination. As updated, the Policy provides detailed information to employees about employment discrimination and harassment; details a safe process for employees to submit complaints should they believe that they have been subjected to discrimination, harassment, or retaliation; and spells out the responsibilities of managers, supervisors and employees in creating a harassment-free workplace and in reporting any observed harassment or discrimination. CHAPTER V—Errors in Pay and Special Duty Pay A section has been added to clarify the current practice that is followed should an error be made in an employee’s paycheck. This clarification allows employees to understand the process, in the unlikely event that an error occurs. A section has also been added to incorporate the Ordinance regarding Special Duty Pay that was recently adopted by the City Council. CHAPTER VI—College Reimbursement The policy regarding tuition reimbursement has been modified to clarify that reimbursement is available only to the extent that funds are budgeted, on a first- come first-served basis. It also requires that employees that terminate their employment with the City, reimburse the City for any amount they received in the previous 24 months. Packet Page 138 of 248 CHAPTER VII—Benefits Routine changes have been made to the Workers’ Compensation section, to bring it up-to-date with Labor & Industries (L&I) requirements. A new section has been created to explain the availability of Extended Health Benefits upon termination, in compliance with the Consolidated Omnibus Budget Reconciliation Act (COBRA). CHAPTER VIII—Leaves Dramatic changes have been made to this Chapter, primarily incorporating changes in State and Federal law. These changes create consistency with the Washington Family Care Act; Washington Military Leave for Spouses and Domestic Partners Act; Family Medical Leave Act of 1993 (FMLA) as amended; Washington Pregnancy Disability Regulations (MDR); and the Washington Domestic Violence, Sexual Assault, and Stalking Leave law. CHAPTER X—Code of Ethics Modifications have been made to the section regarding Reporting Improper Government Action, in compliance with the Washington Local Government Employee Whistleblower Protection Act. The section clarifies where complaints may be made within the organization, and also provides contact information should an employee need to report improper action to an outside agency. The No Smoking Policy has been updated in compliance with the Washington Smoke-Free Workplace guidelines. The Substance Abuse Policy in Chapter X, as well as the Drug and Alcohol Testing Policies and Procedures in Appendix B have been modified extensively. These changes bring the City’s policies into conformance with the Federal Drug- Free Workplace Act; Federal Department of Transportation regulations governing Commercial Driver’s License holders; and the Association of Washington Cities drug and alcohol testing procedures. CHAPTER XI—Disciplinary Action The Section regarding Disciplinary Actions has been modified to clarify the types of disciplinary action that the City may utilize in the event that discipline is necessary. The Section regarding Pre-Disciplinary/Pre-Termination Hearings has been updated in accordance with the Loudermill decision, and clarifies the process for employees and supervisors. Packet Page 139 of 248 APPENDIX A—Information Services Use Policy The length of revisions to this Appendix is a reflection of the advancement of technology over the past decade. This Use Policy provides guidance to employees and their supervisors regarding the appropriate use of the systems and devices owned by the City, including cell phones, computers, email, the internet, and social media. The policy addresses, among other things, records retention; transmission of harassing material; privacy expectations; system security; representing the City through social media; copyright law; and personal use of devices. Recommendation 2: Of special note for the City Council, the following sections have been modified to bring the Personnel Policies into conformance with the Edmonds City Code and Ordinances: CHAPTER V—Compensation Section 5.11. Special Duty Pay: This section has been added to maintain consistency with the Ordinance amendment recently adopted by the City Council, which establishes Special Duty Pay. CHAPTER VIII—Leaves Section 8.2. Vacation: This section has been amended to be consistent with Edmonds City Code Section 2.35.090. It authorizes the Mayor to approve additional benefits as necessary to recruit employees with the level of experience required for the position, with ratification of the City Council. Section 8.3. Sick Leave: A provision has been added to this section which allows the City to require a physician’s certification in accordance with state and federal law. This change is consistent with Edmonds City Code section 2.35.060 Section 8.15. Holidays: This section has been modified to be consistent with Edmonds City Code section 2.35.020, which details the manner in which an employee will be compensated when they are required to work on a recognized holiday. Recommendation 3: It is recommended that the City Council authorize several modifications to the Edmonds City Code, and that the City Attorney be directed to prepare an Ordinance to allow implementation of these changes. These modifications will create consistency between the Code and the Personnel Policies and/or will confirm current practices. Packet Page 140 of 248 CHAPTER VI—Hours and Attendance Section 4.4. Compensatory Time: The current Personnel Policies, in effect since 2002, permit the accrual of up to 48 hours of compensatory time annually by employees (in lieu of receiving paid overtime). Edmonds City Code section 2.35.040 allows for the accumulation of only 40 hours annually. As a result, a Code change will be required to make the Code consistent with this long-term practice. CHAPTER VII—Benefits Section 7.1. MEBT: Section 2.30.010 of the Edmonds City Code currently references Howard Johnson & Company as the benefit plan to be provided by the city in lieu of coverage under the Federal Old Age Survivors Disability and Health Insurance Act (Social Security). This section should be updated to reference the City’s participation in the Municipal Employee Benefit Trust (MEBT). CHAPTER VIII—Leaves Section 8.2. Vacation: The current Personnel Policies as approved in 2002, allow employees to accrue a maximum of two years of vacation time at their current accrual rate. Edmonds City Code section 2.35.030(B) currently permits employees to carry over only one year of vacation time from one year to the next. As allowing the accrual of two years of vacation time has been the practice for over 10 years, it is recommended that this Code section be modified to conform to the Personnel Policies. Edmonds City Code section 2.35.030(C) requires that vacation requests be made prior to March 1 of each year. It is recommended that this provision be eliminated, as it is overly restrictive and has not been practiced in many years. Section 8.14. Shared Leave: Edmonds City Code section 2.35.045 allows employees to transfer accrued vacation and/or sick leave to another employee that has exhausted their leave accruals, due to illness or injury of the employee or an immediate family member. Only vacation hours may be transferred for illnesses or injuries of a non-catastrophic nature. Vacation and/or sick leave hours may be transferred for illness or injuries of a catastrophic nature. It is recommended that Edmonds City Code section 2.35.045 be amended to define a catastrophic illness or injury as one that is potentially career-ending or life- threatening. This amendment has also been proposed in the Personnel Policy revisions. CHAPTER IX—Travel & Meal Expenses Packet Page 141 of 248 Section 9.4. Meals: Section 2.25.050 of the Edmonds City Code provides that during travel, actual reasonable cost of meals will be reimbursed, subject to review by a department head and/or the Mayor. The Personnel Policies approved in 2002 provided that meal expenses would be reimbursed on a per diem basis, and set the per diem amount at $40 per day, with periodic adjustments by City Ordinance. It is proposed that these two documents be made consistent, and that meal reimbursement be provided on a per diem basis, in conformance with the State of Washington Office of Financial Management guidelines. The current rate for a day of travel that includes three meals in a “non-high cost location” is $46. Packet Page 142 of 248 CITY OF EDMONDS PERSONNEL POLICIES Dave Earling, Mayor 2012 Packet Page 143 of 248 TABLE OF CONTENTS Message from the Mayor 5 Chapter I, Purpose & Scope Value Statement 6 Intent of Policies 6 Scope of Policies 6 Changing the Policies 7 Definitions 7 Chapter II, General Policies and Practices Equal Employment Opportunity Policy 8 Disability Discrimination Prohibited 8 Life Threatening/Communicable Diseases 8 Anti-Harassment Policy 8 Sexual Harassment Prohibited 9 Discrimination Complaint Procedure 9 Employee Personnel Records 10 Employment References 10 Employment Rights 10 Chapter III, Recruiting, Hiring and Promotion Value Statement 11 Recruiting Policy 11 Hiring Policy 11 Hourly Employees 12 TrialOrientation Period 13 Employment of Relatives (Nepotism) 13 Promotions 14 Rehire 14 Job Assignments 14 Chapter IV, Hours and Attendance Value Statement 15 Standard Work Hours 15 Overtime 15 Compensatory Time 15 Attendance 16 Unusual Weather Conditions 16 Meals and Restbreaks 17 Callbacks 17 Payroll Records 17 Chapter V, Compensation Packet Page 144 of 248 3 Value Statement 18 Salary Classification and Grades 18 Pay Rates 18 Union Employees 18 Non Represented Employees 18 Promotion 18 Paydays 19 Deductions 19 Acting Pay 19 Compensation Upon Termination 19 Reclassification 19 Chapter VI, Performance Evaluations and Training Value Statement 20 Performance Evaluation Policy 20 Training Policy 20 College Reimbursement 21 Chapter VII, Benefits MEBT 22 State Retirement 22 Deferred Compensation 22 Industrial Accident Insurance (Workers Compensation) 22 Health Insurance 23 Unemployment Insurance 23 Life Insurance 23 Employee Assistance Plan (EAP) 24 Chapter VIII, Leaves Value Statement 25 Vacation 25 Sick Leave 25 Fitness for Duty 26 Leave Without Pay 27 Jury and Witness Duty 27 Administrative Leave 27 Military Leave 27 Family Medical Leave 28 Bereavement Leave 30 Shared Leave 30 Holidays 31 Religious Holidays 31 Benefits for Part-Time and Temporary Employees 31 Payment for Accrued Leaves 31 Chapter IX, Travel and Meal Expenses Packet Page 145 of 248 4 Value Statement 32 Authorization 32 Accommodations 32 Advance Payments 32 Meals 32 Use of Private Cars 32 Chapter X, Employee Responsibilities and Code of Ethics General Code of Conduct 33 Outside Employment and Conflicts of Interest 33 Reporting Improper Government Action 34 Political Activities 36 No Smoking Policy 36 Personal Possessions and Electronic Communications 36 Use of Telephones and City Vehicles 36 Bulletin Boards 37 Media Relations 37 Use of Safety Belts 37 Driver's License Requirements 37 Solicitations 37 Use of City Credit 37 Substance Abuse 38 Chapter XI, Discipline and Terminations Value Statement 39 Actions Subject to Disciplinary Action 39 Disciplinary Actions 40 Pre-Termination Hearing 41 Layoff 41 Resignation 41 Chapter XII, Recognition and Suggestions Value Statement 42 Recognition 42 Suggestions 42 Chapter XIII, Safety Value Statement 43 General Safety 43 Bloodborne Pathogens 43 Workplace Violence 43 Safety Committees 43 Accidents 43 Training 44 Accident Prevention Program 44 Packet Page 146 of 248 5 Chapter IVX, Complaint Procedures Complaint Procedures 45 Appendix A - Information Services Acceptable Use Policy 46 Appendix B – Drug & Alcohol Testing Policies & Procedures XX Appendix CB - Receipt of Personnel Policies 50 Packet Page 147 of 248 6 MESSAGE FROM THE MAYOR Please read and become familiar with the City’s personnel policies. They have been developed to guide your employment and help you fully utilize the resources available to you. They will acquaint you with your employee benefits, our personnel practices and rules, and some our organizational philosophy. As a City employee, it is extremely important that you fully understand what is expected of you and what you can expect from us. If you have any questions at any time regarding our policies, please ask your supervisor, department director, or contact the Human Resources Office. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. You will be notified of any changesChanges will be posted on-line, and the City will endeavor to notify you in a timely manner when changes occur. Please also understand that no supervisor, manager or representative of the City, other than the Mayor, has the authority to make any written or verbal statements or representations, which are inconsistent with these policies. It is my desire to offer you a comfortable work environment, helpful supervision, training and equipment to help you do your job, and a clear sense of direction and expectations. I strongly believe we are a team that provides great customer service, and I want everyone to keep up the good work. A good team not only shares a common vision, but also has a set of rules with which everyone can effectively work together. These personnel policies are our team’s rules. Please use them in that spirit. ______________________________ Dave Earling, Mayor Packet Page 148 of 248 7 CHAPTER I PURPOSE AND SCOPE 1.1 VALUE STATEMENT The City’s primary goal is to provide quality service to its customers, the citizens of Edmonds. To accomplish this goal, we all need to work together as a team. The City places the highest value on our employees and their well being. We want to see that you are a satisfied worker, with the support and information necessary to achieve the objectives of your position. Only in this manner can your contribution to the City’s organization be the most productive. It is our belief that when consistent personnel policies are known and communicated to all, the choices for greater job satisfaction increase. We encourage you to read these policies. If you have any questions, please ask your supervisor or department director. As you have ideas or suggestions for improvement, please follow the same process. 1.2 INTENT OF POLICIES These personnel policies serve as a general guide to the City's current employment practices and procedures. As such, we hope they will help you better understand how the City operates and what is expected of you as an employee. These policies also describe what the City provides you in terms of compensation, benefits and other support. These policies are not intended to be a contract, express or implied, or any type of promise or guarantee of specific treatment upon which you may rely, or as a guarante e of employment for any specific duration. Although we hope that your employment relationship with us will be long term, we recognize that things may not always work out as hoped, and either of us may decide to terminate the employment relationship. Employees, who are exempt from collective bargaining representation or otherwise deemed executive, managerial, or confidential by the City, are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. No one, other than the Mayor, has the authority to enter into any written or verbal commitment or agreement, which affects the at-will status of such employees. All other employees’ employment status shall be governed primarily by the personal employment contract, collective bargaining labor agreement, civil service rules, City Personnel Policies, or other written document applicable to their individual case. 1.3 SCOPE OF POLICIES These personnel policies apply to all City employees. In cases where these policies conflict with any City ordinance, Civil Service rules and regulations, the provisions of a collective bargaining agreement, an individual employment contract, state or federal law, the terms of that law or agreement prevail. In all other cases, these policies apply. Packet Page 149 of 248 8 1.4 CHANGING THE POLICIES As the need arises, the Mayor may modify these policies, except that the City Council, by ordinance, shall maintains the authority to enact any changes in compensation or benefit levels. The Mayor may deviate from these policies in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the City's citizens. Employees may request specific changes to these policies by submitting suggestions to their department director. These Personnel Policies supersede any previous City Personnel Policies. In the event of an amendment to these policies as a result of changes in ordinances, rules, or laws incorporated in this document, these policies shall be deemed amended in conformance with those changes. As updated policies are prepared, they will be incorporated into the on-line document. 1.5 DEFINITIONS Regular Full-Time Employee: An employee who has successfully completed a trialan orientation period (sometimes referred to as probationary or trial period) as defined in these policies and who regularly works a minimum of forty (40) hours a week. Regular Part-Time Employee: An employee who has successfully completed a trialan orientation period (sometimes referred to as probationary or trial period) and who regularly works less than forty (40) but at least twenty (20) hours a week. Benefits provided to a part-time employee shall be pro-rated based upon the ratio of the regularly scheduled hours per week of the part-time employee to 40 hours per week. Hourly Employee: Employees who work less than twenty (20) hours per week or hold jobs of limited duration due to special projects, seasonal work, abnormal work loadsworkloads or emergencies. Hourly employees are eligible for only those limited benefits specifically provided for in a written contract or by state or federal law or regulation, or by city ordinance. The Fire Reserves, who are covered by the State Volunteer Firefighters Pension program, are not subject to MEBT II. Volunteer: Volunteers are persons who voluntarily perform work assignments without the expectation of any wage, or salary, or benefits, with the exception of Workers’ Compensation coverage. Volunteers may receive only nominal compensation. Volunteers normally work under the direction of a City staff person on City premises using and may use City equipment and supplies. Volunteer time is recorded and reported to the State for purposes of obtaining Workers Compensation Insurance. Leased Employees: Leased employees are persons, who are employees of another agency, such as a temporary employment agency, and working on a temporary basis under the direction of the City. Leased employees are not Formatted: Justified Packet Page 150 of 248 9 employees of the City; they are not on the City pay or benefit plans; and they are not covered by these Personnel Policies. Immediate Family: For the purposes of these policies, immediate family will be defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father-inlaw, step parent, brothers, sisters, and grandparents unless defined differently in a specific section of these policies or in a collective bargaining agreement. Packet Page 151 of 248 10 CHAPTER II GENERAL POLICIES AND PRACTICES 2.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY The City values diversity in its workforce, and. It believes a better outcome is achieved when a variety of employees with different backgrounds work together on toward a common goal. The City also believes better customer service can be delivered when the workforce is representative of the customers it serves. The City is an equal employment opportunity employer. The City employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies and all employment practices shall be applied without regard to any individual's sex, race, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, disability, genetic information or other basis prohibited by law. 2.2 DISABILITY DISCRIMINATION/ACCOMODATING DISABILITIES PROHIBITED As part of the City’s Equal Employment Opportunity commitment, the City will follow all applicable provisions of the Americans with Disabilities Act (ADA), and other applicable federal, state, and local laws. These laws prohibit the City from engaging in any employment practices that discriminate against qualified applicants or employees with disabilities, including any sensory, physical, or mental impairments. The City will seek to reasonably accommodate qualified applicants and employees who have disabilities that may affect job performance, unless doing so presents an undue hardship to the City. An employee who has a sensory, physical, or mental impairment that affects job performance should inform Human Resources as soon as possible. The City will then discuss with the employee the possibility of providing reasonable accommodations to enable the employee to perform the essential functions of the employee’s job. Whenever possible, the City wishes to accommodate the needs of employees with disabilities, but the City also has an obligation to provide a safe working environment for all employees and others on the premises. The City therefore needs to ensure that an employee’s health condition does not pose a substantial or unreasonable risk of harm to the employee or others. The City may request that an employee provide medical information from treating health care providers to assist in the process. An employee may also be asked to attend a medical evaluation by an independent health care provider at the City’s expense. Employees are expected to fully cooperate, including taking all steps needed to obtain medical information in a timely manner. If the City determines that an employee is unable to perform the essential functions of the job, even with reasonable accommodation, the City will work with the employee in identifying and applying for other jobs that are or may become available and for which the employee may be qualified. Formatted: Left Packet Page 152 of 248 11 The City will not discriminate against qualified applicants or employees with a sensory, physical or mental disability, unless the disability cannot be reasonably accommodated and prevents proper performance of an essential element of the job. The City will reasonably accommodate qualified individuals with disabilities. 2.3 LIFE THREATENING/COMMUNICABLE DISEASES Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves or their co-workers. The City will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions, including discharge, when a substantial and unusual safety risk to fellow City employees or the public exists. 2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT The City is committed to ensuring that the practices and conduct of all its employees comply with the requirements of Federal, State and local laws against employment discrimination. The City strives to maintain a work environment that fosters mutual employee respect and promotes harmonious, productive working relationships. Respectful, professional conduct furthers the City’s mission and promotes productivity, minimizes disputes, and enhances our reputation. The City believes that harassment and retaliation undermine the integrity of the employment relationship. Therefore, the City prohibits harassment and retaliation by any employee towards any other employee, including supervisors. Employees are also prohibited from harassing or retaliating against third parties, including citizens, vendors, and visitors to the workplace. All employees are expected to be sensitive to and respectful of their co-workers and others with whom they come into contact while at the City. The City also prohibits third parties, including citizens, vendors and visitors to the work place, from harassing employees. It is the policy of the City that all employees have the right to work in an environment free from harassment based upon their race, color, religion, gender, national origin, age, marital status, pregnancy, honorably discharged veteran or military status, sexual orientation including gender expression and identity, disability, genetic information, or any other protected status or characteristic. Any such harassment of employees by their co- workers, supervisors or others in the workplace will not be tolerated. A definition of all conduct that could constitute unlawful discrimination or harassment or other unlawful conduct is difficult, if not impossible, to create. For that reason the following list of examples of prohibited conduct is intended to be illustrative but not all-inclusive. Verbal or physical conduct that demeans or shows hostility or aversion toward another employee or members of the public. Slurs or demeaning comments to employees or members of the public relating to race, ethnic background, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, or any other characteristic protected by law. Formatted: Font: Arial Packet Page 153 of 248 12 Sexual harassment is also a form of unlawful discrimination. Examples of prohibited conduct include but are not limited to: Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions; Verbal harassment of a sexual nature, including but not limited to lewd comments, sexual jokes or references, and offensive personal references; Demeaning, insulting, intimidating, or sexually suggestive comments about an individual; The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects, pictures, cartoons or photographs; Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages. Solicitation or coercion of sexual activity, dates or the like with the implied or express promise of rewards or preferential treatment. Intimidating, hostile, derogatory, contemptuous or otherwise offensive remarks that are directed at a person because of that person’s gender, whether or not the remarks themselves are sexual in nature, where the remarks cause discomfort or humiliation and interfere with the performance of the employee’s duties. Every manager, supervisor, and employee is responsible for creating an atmosphere free of harassment, sexual or otherwise. Each employee is responsible for respecting the rights of co-workers and others, including the citizens they serve. 2.5 COMPLAINT PROCESS: DISCRIMINATION, HARASSMENT, OR RETALIATION Harassment, particularly sexual harassment, and discrimination can be difficult to define. For this reason, the City strongly urges employees to use this harassment and discrimination reporting procedure without worrying about whether the conduct involved would be considered harassment or discrimination in a legal sense. This policy is intended to assist the City in addressing not only illegal harassment and discrimination, but also any conduct that is offensive and inappropriate. If, at any time, you believe that you are being subjected to harassment or discrimination, if you become aware of such conduct being directed at someone else, or if you believe another employee has received more favorable treatment because of discrimination, you must promptly notify Human Resources or a manager or director with whom you feel comfortable. This applies to harassment or discrimination caused by anyone with whom an employee comes into contact with as part of the employee’s job, such as supervisors, co-workers, citizens, vendors or others. Supervisors and managers have an obligation to immediately report to Human Resources and the Mayor any harassment or discrimination that they observe or become aware of during the course of their employment. All reported incidents will be investigated under the following guidelines: Formatted: Font: Not Bold Formatted: Font: Arial Packet Page 154 of 248 13 All complaints will be kept confidential to the fullest extent possible. This means they will be disclosed only to management, witnesses, and others as necessary to allow the City to investigate and respond to the complaint, and as may be required by law. However, the City will not allow the goal of confidentiality to be a deterrent to an effective investigation. A resolution of each complaint will be reached and communicated to the complaining employee. Anyone who the City concludes has violated the anti-harassment or anti- discrimination policy will be subject to disciplinary action, up to and including discharge. Disciplinary action will depend on the gravity of the offense. The City will take whatever action deemed necessary to prevent an offense from being repeated. The City will not permit retaliation against anyone who makes a good-faith complaint or who cooperates in good faith in an investigation. Retaliatory conduct will subject the individuals involved to discipline, up to and including discharge from employment. If, after investigating a complaint of harassment or discrimination, the City finds that the complaining employee or other witness has deliberately provided false information, disciplinary action may be taken against the individual who gave the false information. However, an employee will not be disciplined for reporting a complaint in good faith, or for cooperating in the investigation of such claims. The City strongly urges employees to report all incidents of harassment, discrimination or other inappropriate behavior as soon as possible. The City wants to provide employees with a pleasant and productive working environment, and can only do so if these issues are brought to our attention. Please join the City in our efforts to make the City an enjoyable place to work for all employees. 2.4 ANTI-HARASSMENT POLICY It is the City's policy to foster and maintain a work environment that is free from discrimination and intimidation. Toward this end, the City will not tolerate harassment or retaliation of any kind that is made by employees toward co-workers or members of the public. Employees are expected to show respect for each other and the public at all times, despite individual differences. Packet Page 155 of 248 14 Harassment is defined as verbal or physical conduct that demeans or shows hostility or aversion toward another employee or members of the public. Examples of prohibited conduct include creating a hostile work environment or making slurs and demeaning comments to employees or members of the public relating to race, ethnic background, gender, religion, sexual orientation, age, or disability. See Discrimination Complaint Procedure, Policy 2.6, for guidance on what to do if you experience harassment. 2.5 SEXUAL HARASSMENT PROHIBITED Sexual harassment is a form of sex discrimination and is illegal. Sexual harassment is also inappropriate and offensive and will not be tolerated by the City. Sexual harassment is unwelcome behavior, which is sexual in nature or that is based on the gender of the victim. Examples of sexual harassment include verbal behavior such as unwanted sexual comments, suggestions, jokes, or pressure for sexual favors; non-verbal behavior such as suggestive looks and leering; and physical behavior such as pats or squeezes, or repeatedly brushing against someone's body. Other conduct also may constitute sexual harassment depending upon given facts and circumstances. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct constitute sexual harassment when: • It is part of a manager's or supervisor's decision to hire or fire; • It is used to make other employment decisions like pay, promotion, or job assignments; • It creates an intimidating, hostile, or offensive work environment. Employees engaging in improper harassment are subject to discipline, including termination. See Discrimination Complaint Procedure, Policy 2.6, for guidance on what to do if you experience sexual harassment. 2.6 DISCRIMINATION COMPLAINT PROCEDURE Each member of management is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, employees are responsible for respecting the rights of their co-workers and others, including the citizens they serve. The following procedure outlines the steps to follow if you believe you have experienced harassment or discrimination on the job. Should you believe that you have been harassed or are the victim of discrimination, you should try, if possible, to identify the offensive behavior to the harasser and request that it stop. In the event such informal direct communication is either ineffective or impossible, you should discuss your concern immediately with your supervisor. If you are being harassed or observe harassment by your supervisor or manager, report it Packet Page 156 of 248 15 directly to the Human Resources Director or the Mayor. Retaliation against an employee, who has filed a complaint or reported discrimination, is prohibited. To the extent possible, complaints will be handled confidentially and may involve an outside investigator. If an investigation shows the accused employee did engage in improper harassment or discrimination, appropriate action will be taken, as in the case of any other serious employee misconduct. Such actions may include warnings, verbal and/or written reprimands, a letter to the employee's file or, an employee transfer, demotion, suspension or termination. 2.67 EMPLOYEE PERSONNEL RECORDS The official Personnel File for each employee is kept in the Human Resources Office. An employee's personnel file contains the employee's name, title and/or position held, job description, department to which the employee is assigned, salary, changes in employment status, training received, certifications, performance evaluations, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. The Police Chief is authorized to maintain specific confidential records on Police Department employees in order to exclude them from a subpoena in criminal cases. Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in his/her personnel file. If the City denies the employee's request to remove the information, employees may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, copies of information from an employee’s personnel file will not be released to the public, including the press, without an approved Request for Public Informationunless required by law (e.g., pursuant to a legal subpoena or public records request). A copy of the information will be provided the employee. The City will endeavor to provide written notice of a public records request to the employee prior to the date the information is released. 2.78 EMPLOYMENT REFERENCES Only the Human Resources Office or the employee’s department director will is authorized to provide employment references, including letters of reference, on a current or former City employee. Other employees shall refer requests for references to the appropriate personHuman Resources Office who will contact the appropriate director. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. 2.89 EMPLOYMENT RIGHTS It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although the City is hopeful that your employment relationship with will be long term, it is recognized that at times things do not always Packet Page 157 of 248 16 work out as hoped, and either party may decide to terminate the employment relationship. Unless specific rights are granted to employees in employment contracts, collective bargaining agreements, civil service rules, or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. Packet Page 158 of 248 17 CHAPTER III RECRUITING, HIRING, AND PROMOTION 3.1 VALUE STATEMENT The City values employees who are competent, motivated, productive, and customer oriented. The City believes the most efficient way to get this type ofattract the most qualified employee is to hire/promote them following a thorough fair and consistent selection and screening process. The City also values an open and competitive employment process in which all qualified applicants have the opportunity to apply for City employment and are thoroughly screenedselected on the basis of objective job related criteria. 3.2 RECRUITING POLICY Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence, without regard to race, color, religion, national origin, sex, marital status, sexual orientation including gender expression and identity, military or honorably discharged military status, pregnancy, physical handicap, disability, genetic information, age, or any other basis prohibited by law. Each applicant shall complete and sign a City Aapplication form which includes anand aAuthorization to rRelease iInformation, forms prior to being considered for any position. Resumes may supplement, but not replacewill not serve in place of, the City's official application form. Additional materials may be required for Police Department applicants. Vacancy notices for regular positions will be posted internally on the bulletin boards for at least a five (5) day period. In addition, vacancy notices will be sent to outside agencies representing protected classes of persons in order to encourage and attract the broadest range of qualified job applicants. The Human Resources Office may use other sources of recruitment, such as newspaper advertising and the Internet, as needed to attract qualified applicants. The City may choose to advertise a position to the general public at the same time it posts the promotional opportunity within the City. The City reserves the right to seek qualified applicants outside of the organization at its discretion. To be considered for promotion, an employee must be employed in their current position for at least one (1) year, and meet the qualifications for the vacant position Applications may not be accepted after the published closing date for the position vacancy. If there are not sufficient qualified candidates at the closing date, the position will be reopened and readvertised. Applications will be accepted only for a published vacancy opening, and are retained for such period of time in accordance with the Washington State Records Retention policies and requirements. They will not be kept on file for future vacancies. Any applicant supplying false or misleading information is subject to immediate termination, if hired. Packet Page 159 of 248 18 3.3 HIRING POLICY When a regular position becomes vacant and prior to any posting or advertisement of the vacancy, the department head or division manager shall review the position, its job description, and the need for such a position. The department head or division manager will submit a request to fill the position to the Human Resources Office. The position will be posted and/or advertised after the request is approved. The City may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the City. The City may also conduct certain background procedures as required by law and/or policy. Examples of such procedures include: requiring applicants/employees to show proof they are authorized to work in the United States and requiring applicants/employees, who have unsupervised access to children or vulnerable adults, to complete a disclosure statement. Additionally, tThe City may contract with any agency or individual to prepare and/or administer examinations. Residency within the City shall not be a condition of initial appointment or continued employment; provided, however, that an employee's selection of residence shall not interfere with the daily performance of his/her duties and responsibilities including the ability to respond to emergency callouts within an established period of time. The minimum time required for an employee to respond to an emergency callout is established by each Department, or as otherwise noted in the respective collective bargaining agreement for the bargaining unit by which the employee will be represented, or the applicable employment contract. Applicants for positions in which the applicant is expected to operate a motor vehicle must be at least 18 years old and will be required to present a valid Washington State driver's license with any necessary endorsements. They will also be required to furnish a current (within the last 30 days) Driver’s Abstract, which shows any history of driving violations. Applicants with poor driving records, as determined by the City, may be disqualified for from employment with the City in positions requiring driving. Applicants, who are under 18 years of age, must show provide a valid State Work Permit, signed by a parent or guardian., The City will comply with State law (RCW 41.04.010 or RCW 73.16.010) with regard to any applicable veteran’s preference during the hiring process. After a conditional offer of employment has been made and prior to commencement of employment, the City may require persons selected for employment certain positions to successfully pass a medical examination and/or psychological test, which may include testing for alcohol and controlled substances. The purpose of the examination is to determine if the individual is able to perform the essential functions of the job, and to ensure any physical or mental condition will not endanger the health, safety or well being of other employees or the public. The offer of employment is conditioned on the results of the examination, and the City’s ability to reasonably accommodate any revealed disability. Packet Page 160 of 248 19 A candidate may be disqualified from consideration if: (1) found unable to perform the essential duties of the position (and the individual's condition cannot reasonably be accommodated in the workplace); (2) the candidate refuses to submit to a medical examination or complete medical history forms; or (3) if the Drug/Alcohol exam reveals the use of a controlled substance without a valid prescription. 3.4 HOURLY EMPLOYEES Department Directors and Division Managers may use hourly employees for positions which 1) regularly work less than 20 hours per week, 2) perform seasonal employment, 3) to temporarily replace regular employees who are on vacation or other leave, 4) to meet peak work load needs, 5) or to temporarily fill a vacancy until a regular employee is hired. Hourly employees may be hired without a competitive recruitment or examination process, although all hiring processes must will comply with City policy and state and federal laws. Hourly employees are considered at-will employees and may be terminated from City employment at any time, with or without cause, and with or without notice, by their Department Manager or Director. Hourly employees are eligible for overtime pay as required by law. Hourly employees normally do not receive vacation, sick leave, health insurance, holidays, or any other benefits during their employment. Hourly employees, excluding Fire Reserves, pay contributions to the MEBT IISocial Security program. Hourly employees will normally not be placed ion the state PERS retirement system or MEBT, although there are a few exceptions depending on PERS and MEBT eligibility criteria. 3.5 TRIAL ORIENTATION PERIOD Upon hire or appointment, all employees enter an trialorientation period (also known as a probationary or trial period) that is considered an integral part of the selection and evaluation process. The trial orientation period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate. The normal trial orientation period is six months from the employee's date of hire, rehire or promotion, except for entry level uniformed Police and Fire personnel which have a twelve (12) month trial orientation period. Lateral entry public safety personnel have a six (6) month trial period. The Mayor may authorize the department director to extend the trial orientation period for up to an additional six (6) months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee. Extensions for represented employees also require concurrence with the Union. The City may terminate an employee without cause from employment at any time during the trial orientation period. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee, if the previous position is still available. Once the trial orientation period is successfully completed, the employee may be certified to regular employment status. Satisfactory completion of the trial orientation Packet Page 161 of 248 20 period does not create an employment contract or guarantee employment with the City for a specified duration. Trial During their orientation period, employees may use their accrued sick leave or any accrued compensatory time from the beginning of their employment, but may not use earned vacation until they have successfully completed their trial orientation period. Police and Firepersonnel may use vacation after the completion of the first six (6) months. 3.6 EMPLOYMENT OF RELATIVES (NEPOTISM) The immediate family of current Ccity employees and City Council members will not be employed by the City where: One of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other; One party would handle confidential material that creates improper or inappropriate access to that material by the other; One party would be responsible for auditing the work of the other; or Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. If two employees marry, become related, become registered domestic partners, or begin sharing living quarters with one another, and in the City's judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the City, unless reasonable accommodations, as determined by the Mayor in consultation with Human Resources and/or the City Attorney, can be made to eliminate the potential problem. The decision as to which employee will remain with the City must be made by the two employees within thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the City reserves the right to terminate either employee. 3.7 PROMOTIONS The City encourages promotion from within the organization whenever possible. All openings will be posted so employees may become aware of opportunities and apply for positions in which they are interested and qualified. Employees must remain in a position for a minimum of 12 months before they can apply for a promotion, unless this requirement is waived by the Department Director or the Mayor. Employees, who are promoted into a new position, will be required to serve a new 6 month trialorientation period. Police Department personnel who are promoted into a new position will be required to serve a new 12-month orientation period. If the employee is unsuccessful during their trialorientation period, he or she will may be placed back in their previous position, if the position still exists. Formatted: Condensed by 0.15 pt Formatted: Normal, Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Don't keep lines together, Tab stops: Not at 0" + 0.5" Formatted: Justified, Indent: Left: 0.5" Formatted: Normal, Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Justified, Indent: Left: 0.5" Formatted: Normal, Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Justified, Indent: Left: 0.5" Formatted: Normal, Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Justified, Indent: Left: 0.5" Packet Page 162 of 248 21 3.8 TRANSFERS/LATERAL MOVES Upon recommendation of the appropriate department director and concurrence of the Human Resources Office or designee, or to meet the needs of the City, a transfer may be made. Transfers are based on work force requirements, performance evaluations, job descriptions, related City requirements, and the supervisor's recommendation, unless otherwise noted in an applicable collective bargaining agreement. To be considered for another position, an employee must have satisfactorily completed the probationary period for the employee's current position and possess the qualifications for the vacant position, unless such requirements are waived in the best interests of the City. A new probationary period shall be established for any employee who requests a transfer. A transfer shall not be used to circumvent regulations regarding promotions, demotions, or terminations. 3.98 REHIRE The City may rehire previous employees, provided they performed satisfactorily in their previous employment with the City. If an employee has retired from the Washington State Retirement System, they cannot exceed the Washington DRS employee maximum hours per year. 3.109 JOB ASSIGNMENTS It is the supervisor's responsibility to maintain the employee's primary job assignments within the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. Revised job descriptions, along with the appropriate pay grade, are subject to the Mayor's approval, before submittal to the Human Resources Committee Office and City Council for their approval. Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: (Default) Arial, 12 pt Formatted: Font: Arial Packet Page 163 of 248 22 CHAPTER IV HOURS AND ATTENDANCE 4.1 VALUE STATEMENT The City values dependability, attendance, and punctuality with its employees. The City’s staffing level requires each employee to do their share of the workload and not to overburden others because of attendance problems. 4.2 STANDARD WORK HOURS Although the City's normal business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m., the City uses a variety of different work schedules to meet the varied service demands of the public. Departments are allowed to establish regular work schedules, including alternatives such as flextime and the four/ten schedules, provided that they do not conflict with business needs, and subject to the Mayor’s approval. Due to the nature of the City's operations, longer hours may be necessary in some instances, and overtime may be required by the supervisor. A normal work schedule for regular, full-time employees consists of forty (40) hours each workweek. Different work schedules, such as in the case of the fire Police Department employees, have been established by the City to meet job assignments and provide necessary City services. Each employee's immediate supervisor will advise the employee regarding his/her specific working hours. Part-time and hourly employees will work hours as specified by their supervisor. 4.3 OVERTIME All City positions are designated as either "exempt" or "non- exempt" according to the Fair Labor Standards Act ("FLSA") and Washington Minimum Wage Act regulations. EmployeesYou will be informed of your their overtime status at the time of your their appointment. For most City employees, the established work period is forty (40) hours within a seven (7) day workweek. For fire protection personnel, the average workweek is a 48 hour period. Public Safety personnel may have a modified work period as established in the collective bargaining agreements. All personnel are responsible for accurately reporting all hours worked on forms time sheets supplied by the City. Employees failing to accurately record time worked are subject to discipline. Overtime is recorded to the nearest 15 minute increment. Non-exempt employees are entitled to additional compensation (overtime), either in cash or compensatory time off, when they work more than the maximum numbers of hours during a work period. All overtime must be authorized in advance by the employee's supervisor, although exceptions may be made for emergency situations . Overtime may not be voluntarily worked without the supervisor’s permission. Overtime pay is calculated at one and one-half times the employee's regular rate of pay for all time worked beyond the established work periodforty (40) hours in a workweek, Packet Page 164 of 248 23 provided that public safety personnel may have a different work period, and therefore a different overtime threshold). When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time), is not counted as hours worked. 4.4 COMPENSATORY TIME Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment. This is approved on a case- by-case basis by the supervisor. The City is not required to grant comp time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory time shall be limited to forty-eight (48) hours for regular employees. After maximum accrual, overtime compensation shall be paid. Compensatory time, which has been credited to an employee, may be converted to overtime pay at any pay period at the employee’s request. Employee compensatory time balances may be reviewed at least annually as part of the City's budget process. Use of compensatory time must be approved by the supervisor. Time off can be requested by the employee or directed by the supervisor. Exempt employees are not covered by the FLSA or the Washington Minimum Wage Act overtime provisions. They may earn compensatory time as follows; Department Directors and Division Managers will work under an informal honor system for discretionary time off. Formal time records for hours worked and discretionary time off will not be maintained, and the City will not be liable for any pay beyond the employee’s normal monthly salary. All other exempt employees shall receive compensatory time for nightly meetings, emergency callouts, and other similar times, which they are required by their supervisor to work. Compensatory time generally will not be earned for short term extensions of the regular workday or assignments, such as staying late or coming in early , without the prior approval of the supervisor. Compensatory time shall be earned at the straight time rate, that being one hour of compensatory time for each hour worked, as specified above. Exempt employees, who are regularly scheduled for night meetings should be assigned a flex schedule to adjust for the meeting times. Exempt employees will be allowed to accumulate up to 48 hours of compensatory time during the year. If additional time is earned after the maximum is reached, the exempt employee will be paid for the excess time or given the time off during the next pay period. Employees may use compensatory time within a reasonable time period after making a request to their supervisor, unless doing so would unduly disrupt City operations. Compensatory time should be used for short-term absences from work during times mutually agreed to by the employee and his/her supervisor. Accumulation of compensatory time to be used as a substitute for extended vacation time off is not normally permitted, however may be approved on a case-by-case basis by the Department Director or Mayor. Use of compensatory time may either be requested by the employee or directed by the supervisor. Packet Page 165 of 248 24 4.5 ATTENDANCE Punctual and consistent attendance is a condition of employmentRegular and punctual attendance is an essential function of every position in the City. Each supervisor is responsible for maintaining an accurate attendance record of his/her employees. Every employee has the responsibility of maintaining a good attendance record. Employees are expected to be at the assigned place of work during their scheduled work time. Employees unable to work or unable to report to work on time should notify their supervisor as soon as possible, ordinarily before the work day begins or within thirty (30) minutes of the employee's usual starting time. If an absence continues beyond one day, the employee is responsible for reporting in each day. If the supervisor is unavailable, the employee may leave a message with the Department Director or his/her designated representative, stating the reason for being late or unable to report for work. An employee who is absent without authorization or notification is subject to disciplinary action, up to and including possible termination. 4.6 UNUSUAL WEATHER CONDITIONS During times of inclement weather or natural disaster, it is essential that the City continue to provide vital public services. Therefore, it is expected that employees make every reasonable effort to report to work without endangering their personal safety. An employee who is unable to get to work or leaves work early because of unusual weather conditions may charge the time missed to: vacation, floating holiday, compensatory time, or leave without pay. The employee shall advise the supervisor by phone as in any other case of late arrival or absence. Employees, who are sent home without prior notice by their employer and therefore denied the opportunity to work, shall continue to receive their normal pay for the rest of the day in which they are sent home. 4.7 MEALS AND RESTBREAKS Except in urgent situations, personal phone calls and conversations should occur during meal periods and rest breaks rather than during working time. An exempt employee is expected to effectively handle his or her meal period and rest break schedule. The following policy applies only to non-exempt employees. A non-exempt employee must notify his or her supervisor at the end of the shift if he or she has not had a meal period or rest break. A non-exempt employee who works at least five (5) hours in a workday will be provided an unpaid meal period of at least thirty (30) minutes, approximately midway through the workday, unless otherwise specified. Non-exempt employees must not perform any work during the meal period, and must take at least thirty (30) minutes completely off work. Employees working at least (3) three hours longer than a normal workday will be allowed a meal period before or during the overtime portion of the shift. A “normal workday” is the shift the employee is regularly scheduled to work. If the employee’s scheduled shift is changed due to working a double shift, or working extra hours, the Packet Page 166 of 248 25 additional meal period will be permitted. Employees working a regular twelve (12) hour shift will be entitled to a second meal period. A non-exempt employee will be provided one (1) paid fifteen (15) minute rest break for every four (4) hours worked. Rest breaks may be taken on a scheduled or intermittent basis as determined by the employee’s supervisor. These rest breaks are for the purpose of a few minutes of relaxation. The City asks employees to please not stay away from their job beyond the time allotted. Rest breaks are paid, but may not be used to extend a lunch period, leave early, or arrive late. Police Department employee meal and break times will be consistent with the appropriate Collective Bargaining Agreement. For one year following childbirth, non-exempt employees who are nursing mothers are entitled to unpaid breaks during the workday for the purpose of expressing breast milk. The City will provide a suitable, private location for these breaks. Employees may take one (1) fifteen-minute break for every four hours worked. All breaks shall be arranged so that they do not interfere with City business or service to the public. The employee’s supervisor shall schedule meal periods. The scheduling of meal periods may vary depending on department workload, but not later than five (5) hours following the beginning of their workday. Meal periods are unpaid and usually one hour in length. 4.8 CALLBACKS All employees are subject to call back in emergencies or as needed by the City to provide necessary services to the public. A refusal to respond to a call back is grounds for immediate disciplinary action, including possible termination. Employees called back to duty will be paid their appropriate rate of pay for hours worked or according to the labor collective bargaining agreement, whichever is appropriate for the employee. 4.9 PAYROLL RECORDS The official payroll records are kept by the Finance Office. Each supervisor employee shall submit a signed time sheet each pay periodto their supervisor for approval each pay period. Each supervisor is responsible for submitting a time sheet (signed by the employee and the supervisor) to Finance, for each employee within their department, noting hours worked, leaves taken, and overtime worked. Each department director is responsible for assigning the payroll entry for his/her department to appropriate personnel in the department. The time sheet shall be signed by the employee and the supervisor. The Mayor shall sign time sheets for all Department Directors. Packet Page 167 of 248 26 CHAPTER V COMPENSATION 5.1 VALUE STATEMENT The City strives to reach a balance between fairness in pay for all employees and rewarding excellent job performance for the deserving individual. It believes in paying competitive wages in order to attract qualified candidates for job vacancies. Pay is one of several means to reward job performance. 5.2 SALARY CLASSIFICATION AND GRADES Each regular position within the City is classified into a classification title for salary purposes. Each classification title is designated a particular salary or salary range as shown on the City's salary and wage schedule, which is approved in the labor agreement or annually by the City Council. All regular employees are assigned to a classification title and provided a job description. This job description shall be reviewed annually with the employee and the supervisor during the employee’s performance evaluation, and any changes to the description shall be referred to the Human Resources Office. Any significant change in a job assignment, which may subsequently require a change in salary grade assignment, must have prior approval by the Mayor and City Council, and the appropriate Union as needed. 5.3 PAY RATES Employees shall be paid within the limits of the wage range to which their positions are assigned. Usually, new employees will start their employment at the minimum wage ratepay grade or wage range for their classification. However, a new employee may be employed at a higher rate than the minimum when the employee's experience, training or proven capability warrant, or when prevailing market conditions require a starting rate greater than the minimum, subject to the Mayor's approval. 5.4 UNION EMPLOYEES Employees, who are covered under a collective bargaining agreement, shall be compensated in compliance with the labor agreementterms of the respective collective bargaining agreement. The Mayor or his representative and the Union’s bargaining agent must approve any deviation from such agreement in writing. 5.5 NON REPRESENTED EMPLOYEES With the approval of the Mayor and City Council, all other employees (Non Represented) may receive an across-the-board pay adjustment (cost-of-living increase) from time to time, raising the salaries of all positions by a specified amount within a defined group of classifications. Such adjustments, if any, will not change an employee's pay anniversary date. Other pay increases (merit) within the position’s salary range are contingent on meritorious performance. Non represented employees, who are not at the top of their position’s designated salary range, may receive a merit pay increase upon the completion of their trialorientation period or annually upon their performance review date. Merit pay increases may range from 0% up to 5%, but cannot exceed the top of the salary range. If a non-represented Packet Page 168 of 248 27 employee's performance is unsatisfactory, the department head may defer a scheduled pay increase for a stipulated period of time or until the employee's job performance is satisfactory. 5.6 PROMOTION Any employee promoted to a position in a higher classification and salary range shall receive a promotional pay increase to either 1) the entry step or salary of the new salary range, 2) the next highest available pay step in the new range which provides at least a 5% increase in pay (Union Employees), or 3) placement in the new range which provides a 5% pay increase (Non Represented Employees) or to start at the bottom of the pay grade of the higher classification, whichever is greater. Changes in salary due to a Reclassification of a position will be treated the same as a Promotion. Promotions change an employee's pay anniversary date and subsequent merit pay reviews. 5.7 PAYDAYS City employees are paid semi-monthly on the 5th and the 20th of each month. If a regularly scheduled payday falls on the weekend or a holiday, the paychecks will be distributed on the last preceding regularly scheduled working day. Automatic deposit is available upon request. Pay increases, other than those occurring upon the 1st or the 16th of the month, become effective at the beginning of the next pay period. 5.8 ERRORS IN PAY Every effort is made to avoid errors in paychecks. However, any employee who believes that an error has been made should contact the Finance Department immediately. The Finance Department will take the necessary steps to research the problem and to assure that any necessary correction is made properly and promptly. An employee reporting an error will be notified in writing within 15 business days of the outcome. An employee who believes further discrepancies exist should submit a written complaint to the Mayor immediately. If an employee has been overpaid in error, the City will ask that the amount be repaid by payroll deductions or by agreement, consistent with applicable laws. 5.98 DEDUCTIONS Some regular deductions from the employee's earnings are required by law; all other deductions are must be approved by the City and specifically authorized in writing by the employee. The City will withhold from the employee's paycheck those deductions required by law and any voluntary deductions approved by the City and authorized by the employee, by applicable union contract, or by statute or regulation. 5.109 ACTING PAY When an employee is temporarily assigned to work in a position with a higher pay rate in order to fill a vacancy or act on behalf of an absent employee, the employee shall be paid Acting Pay in the amount of either the minimum of the salary rate of the acting position or a 5% increase in base pay, whichever is greater. To qualify, the employee must be assigned to the acting position for a period of ten (10) or more consecutive workdays. Acting Pay is limited to a six month period as noted in the City Ordinance. Any extenuating circumstances requiring Acting pay for Packet Page 169 of 248 28 a period beyond six months are subject to the Mayor and City Council ’s approval, or subject to applicable Civil Service Rules. 5.11 SPECIAL DUTY PAY The mayor is authorized to pay any manager or director level employee special duty pay in addition to that person’s regular compensation when the mayor has temporarily assigned special duties to that person. No employee may receive special duty pay for longer than one year without city council approval. “Special duties” are defined as those duties not included as “Primary Duties and Responsibilities” in the employee’s official job description and not otherwise associated with the employee’s position. Special duty pay shall consist of up to ten percent of the employee’s salary at the time the special duties are assigned. The mayor is authorized to grant to each such employee up to five percent (5%) for special duty pay at the mayor’s discretion, and shall be based upon the scope of the additional responsibilities identified by the mayor. If the mayor determines that special duty pay above five percent (5%) is warranted for a particular employee, the mayor will be authorized to grant up to ten percent (10%) for special duty pay upon prior approval by the City Council. 5.120 COMPENSATION UPON TERMINATION When an employee's employment with the City is terminated, the employee will receive the following compensation on the next regularly scheduled payday including: 1) regular wages for all hours worked up to the time of termination which have not already been paid; 2) any overtime or holiday pay due; 3) A lump sum payment of any accrued but unused vacation and compensatory time and; 4) any employee-paid health insurance premiums paid in advance for health insurance coverage. Accrued sick leave will be paid in accordance with City Ordinance for Non- Represented employees or the applicable labor collective bargaining agreement for Union Employees. 5.131 RECLASSIFICATION It is the supervisor's responsibility to maintain the employee's primary job assignments within the scope of the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. In the event that an employee is eligible for a reclassification as determined by his/her supervisor, a reclassification form and a rRevised job descriptions, along with the appropriate recommended pay grade should be submitted to Human Resources for review., All revised job descriptions and reclassification requests are subject to the Mayor's approval, before submittal to the City Council for their approval and/or the respective Union as required. 5.142 COMPLETION OF TRIALORIENTATION PERIOD Upon the successful completion of an probationary trialorientation period, the employee is eligible for either a pay step for represented employees, or a merit pay review for non-represented employees, depending upon their pay schedule and provided that they do not exceed the approved pay range for their position classification. Formatted: Font: Bold Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Normal, Justified, Indent: Left: 0", First line: 0", Right: 0", Line spacing: single, Don't hyphenate, Tab stops: -0.5", Left Packet Page 170 of 248 29 Packet Page 171 of 248 30 CHAPTER VI PERFORMANCE EVALUATIONS AND TRAINING 6.1 VALUE STATEMENT The City values honest communications and the desire to improve services to the customer. It believes these values are the foundation of a Performance Evaluation leading to a positive outcome. Personal development and changes in the work environment require continuous training, communication, and ongoing commitment from both the employee and the City. 6.2 PERFORMANCE EVALUATION POLICY To achieve the City's goal to train, promote and retain the best qualified employee for every job, the City conducts periodic performance evaluations for all positions. Each supervisor is responsible to set and communicate clear performance standards for his or her employees at the beginning of and throughout the review period. Employees are to be evaluated by their supervisor at both the midpoint and the completion of their trialorientation period and normally once every 12 months thereafter, unless otherwise specified in the employee’s respective collective bargaining agreement. Additional performance appraisals or performance improvement plans may be given, if necessary. Performance review dates are changed following a promotion with a new trialorientation period. Employees should complete a self-evaluation form for their upcoming evaluation as directed by their supervisor. During the evaluation process, the employee and the supervisor will review the Department’s goals and the employee’s role in the Department. They will also review the employee’s self-evaluation, job description and rate the employee’s job performance outcomes in each of the assigned responsibilities. If changes in the job description are needed to ensure its accuracy, the corrections will be forwarded to the Human Resources Office. The employee and supervisor will discuss and select a course of personal training, which will improve the employee’s job performance. Goals for the next year and a training plan will be included in the performance evaluation. The evaluation will be signed by the employee, and the supervisor, and the Department Director, and forwarded to the Mayor for review and to the Human Resources Office to be placed in the Personnel File. A copy should be retained by the Supervisor for periodic checkups. If the employee disagrees with the evaluation, he or she is allowed to submit written rebuttal comments to be placed in their personnel file along with the evaluation. The evaluation is part of an employee's personnel record and may be a factor in determining the employee's conversion to regular status, whether the employee receives a wage increase, or is to be promoted, transferred, demoted, laid off, or terminated. 6.3 TRAINING POLICY The City seeks, within the limits of available resources, to offer training to increase an employee's skill, knowledge and abilities directly related to Packet Page 172 of 248 31 his or her position, to obtain or maintain required licenses and certifications, and to develop an career path within the City organization. Opportunities may include, but are not limited to: on-the-job training, in-house workshops and seminars sponsored by other agencies or organizations. When training opportunities are identified, the Department will complete an AUTHORIZATION FOR TO TRAVEL and ATTEND TRAINING and submit the registration. Each Department is responsible for budgeting and paying for training for their employees (for courses not specifically approved as outlined in the college reimbursement policy below). Following completion of the training program, a copy of the AUTHORIZATION will be filed in the employee’s Personnel File. Training programs, which are required by the City, are paid by the City, including the employee's wages, travel, registration, and, if needed, out of area expenses directly related to the training. For the purposes of insurance, the employee is to make every reasonable effort to use a city vehicle to attend training events. In the event that using a city vehicle is not possible, the employee will be reimbursed for mileage under the current IRS regulations and as noted in the Edmonds City Code. Training programs, which that are initiated by the employees and not required by the City, (such as certification programs) are considered as voluntary programs and will not be paid by the City, unless a direct benefit to the City can be shown. If a benefit can be shown, the City may pay for all or a portion of the training costs, but not to include wages. 6.4 COLLEGE REIMBUSEMENT The City will reimburse full tuition for college courses that are required for; 1) advancement to the next promotional rank up to an Associates Degree level (90 credit hours), and 2) to maintain or upgrade a required certificate or license. Employees must obtain a passing grade of C and/or 2.0 or better in order to qualify for reimbursement of the class at the rate established below. Employees, who take college courses leading to a Bachelors or Masters degree, will be reimbursed 50% of the tuition costs. This course work must be an educational requirement of a future position in the City, which has been previously identified in the performance evaluation as the employee’s career goal. Employees must obtain a passing grade of B and/or 3.0 or better in order to qualify for reimbursement of the class at the rate established below. Tuition costs will be based upon comparable public education credit hours and charges. Employees will not be on paid City time while attending such courses nor will books, transportation, or course material costs be reimbursed. The maximum costs per employee for college reimbursement in a calendar year cannot exceed $2000. Tuition Reimbursement is available to the extent funds are budgeted in the sole discretion of the City Council. Should inadequate funding be available in the budget in any given year to reimburse all requests, reimbursements will be made on a “first come, first served” basis. Packet Page 173 of 248 32 In the event that an employee leaves employment with the City within twenty-four (24) months after receipt of tuition reimbursement funding, the employee shall reimburse the City for the amount they received from the beginning of the previous 24 months. Packet Page 174 of 248 33 CHAPTER VII BENEFITS All benefit programs are administered by the Human Resources Office. For any and all benefits and eligibility related questions, please contact Human Resources. 7.1 MEBT The Municipal Employee Benefit Trust (MEBT) is a City retirement program provided in lieu of the federal Social Security benefit. The City does not participate in the federal Social Security Trust, excluding Medicare (employees, who are hired after April 1986, must contribute into Medicare). The MEBT benefit is made up of three components: a retirement benefit, long-term disability insurance, and a $75,000 term life insurance benefits for survivors. Participation in MEBT is mandatory. The City and all employees make payroll deduction contributions (pre-tax) into the MEBT program in the amount normally paid through a FICA deduction. Employees can also make additional voluntary after-tax contributions into the MEBT program. A separate MEBT II program is established for hourly employees, who work less than 1000 hours per year and are not covered by another pension plan. All hourly and part-time employees working less than 1000 hours per year are not eligible to participate in MEBT, and are required to pay into the Social Security program. 7.2 STATE RETIREMENT All regular uniformed public safety employees in the police and fire departments are covered by the Law Enforcement Officer's and Firefighters Retirement System (LEOFF 2). Benefit levels and contribution rates are set by the State of Washington. All regular full-time non-uniformed employees are covered under the Public Employees Retirement System (PERS). Both retirement programs are administered by the Department of Retirement Systems (DRS). Regular part time employees are covered, provided they work at least 70 hours per month for five or more months each year. Benefit levels and contribution rates are set by the State of Washington. Participation is mandatory. Employees intending to retire should plan to attend a retirement planning seminar provided by the State. They should also notify their department head and the DRS of their intent to retire at least three months prior to the date of retirement. 7.3 DEFERRED COMPENSATION Deferred Compensation is a tax shelter program provided to City employees through IRS code 457. The eEmployee deposits are subject to limitations defined by the IRS. It Deferred Compensation is a voluntary program made available through payroll deduction (pre-tax), and funded by individual employee contributions only. The City provides several deferred compensation plan vendors, which allows employees to select investment options of their choice. 7.4 INDUSTRIAL ACCIDENT INSURANCE (WORKERS COMPENSATION) All employees (except LEOFF I) are covered by the State Workers' Compensation Packet Page 175 of 248 34 Program. This insurance covers employees for on-the-job injuries or job-related illnesses. All job-related accidents should be reported immediately to the supervisor. For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and specific medical costs due to job-related injuries or illnesses. All job-related accidents should be reported immediately to the supervisor.All employees who have enough accrued sick leave are eligible to turn their time loss check over to the City for paid (“sick”) leave “buy back.” When an employee receives treatment because of an on-the-job accident/injury, the physician/hospital will file a claim for Workers' Compensation (L&I). In the event of absence due to injury, the employee will be placed on paid sick leave pending approval of Workers' Compensation benefitsmay use their paid leaves to keep them in paid status while their claim is under consideration for approval of benefits by L&I. When the employee receives Workers' Compensation benefits, he/she is required to repay to the City the amount of time loss covered by Workers' Compensation and previously advanced by the Cityturn their time loss check over to the City so that the City can use the check to buy back a portion of the paid leaves used by the employee which shall be restored to the employee’s leave balances. This policy is to ensure that employee will receive prompt and regular payment during periods of injury or disability so long as disability continues, and to allow the employee to maintain as much accrued sick leave as possible after the buy back. The employee will not receive more than he/she would have received had the injury not occurred. In the event that an employee does not have enough accrued leave to keep them in paid status during their period of disability (as certified by their doctor) due to their work related injury, the employee will keep the tim e loss check from L&I and no buy back will be processed. Neither can eEmployees cannot receive Worker's Compensation benefits and paid sick leave for the same time period. Additionally, absence from work due to a work-related (L&I) approved injury may not be eligible for DRS service credit hours. Upon the repayment of funds advanced, the appropriate amount of sick leave shall be restored to the employee's account. In accordance with state law, the City will also provide a wage supplement to LEOFF II employees who are receiving worker’s compensation due to an occupational injury or illness. The supplement shall be in an amount which when added to the worker’s compensation will result in the same pay the employee would have received for full time active service. The supplemental benefit begins on the sixth day of absence from work. The City pays one half of the supplement and the other half is charged to accrued paid leave in the order of Sick Leave, Compensatory Time, Holiday, and Vacation. The supplement and use of accrued sick leave shall continue, as long as the employee is receiving worker’s compensation, to a maximum of six (6) months from the date of the injury. If the employee returns on a part time basis, the supplement and accrued sick leave shall be pro-rated. The employee must furnish a physician's release to return to full work duty without restrictions before returning to work. At any time during the disability period, but no later than six (6) months from the last day worked, the City may require an examination at its expense, performed by a physician Packet Page 176 of 248 35 of its choice to determine if the employee can return to work and if he/she will be capable of performing the essential duties of the position. 7.5 HEALTH INSURANCE Regular full-time and part-time employees (working 20 or more hours per week) and their dependents are eligible to participate in the City's medical, dental, and vision insurance programs. The programs and criteria for eligibility will be explained upon hire. The City contributes toward the cost of premiums in the amounts authorized by the City Council and the labor agreements. The remainder of the premiums, if any, shall be paid by the employee through payroll deduction on a pre- tax basis. The City reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees, and in compliance with the terms of the respective collective bargaining agreements. Part Time employees , who regularly work 20 or more hours each week during the full calendar year, are entitled to participate in the insurance program. Their insurance costs will be pro-rated depending upon the average number of hours they are scheduled to work during the year. Hourly employees, including those who occasionally work 20 or more hours in a week, are not eligible for insurance coverage. COBRA Rights: Upon an employee's termination from City employment or upon an unpaid leave of absence, the employee is eligible to continue City health insurance benefits to the extent provided under the federal COBRA regulations. The employee or his/her dependents that elect to exercise their COBRA continuation rights will be charged a small administrative handling fee 7.67 UNEMPLOYMENT INSURANCE City employees may qualify for State Unemployment Compensation after termination from City employment depending on the reason for termination and if certain qualifications are metas determined by the Employment Security Department. 7.78 LIFE INSURANCE Union employees are provided a $10,000 Term Life Insurance benefit, and the premium is fully paid by the City. The insurance also provides a $1,000 benefit upon the death of a dependent. Non-represented employees are provided Term Life Insurance, which is based upon a portion or all of their annual salary level. This benefit is explained when the new employee is hired. Police Officers and Firefighters are provided an additional $150,000 life insurance benefit by the State of Washington in the event of their death in the line of duty. Additionally, all eligible employees are provided a life insurance benefit through MEBT. 7.89 EMPLOYEE ASSISTANCE PLAN (EAP) EAP is a confidential problem assessmentservice, providing short term counseling, and referral, service which is provided offerred to employees and their dependents at no cost by the City. This service assists employees obtain professional help with problems which may be interfering withimpacting their jobs. The EAP can assist employees with a wide variety of problems, including financial, personal, and job related. Please contact Human Resources for more information of the EAP. Packet Page 177 of 248 36 7.9 EXTENDED HEALTH BENEFITS (COBRA). In compliance with COBRA (the Consolidated Omnibus Budget Reconciliation Act), the City will offer continuing health care coverage on a self-pay basis to employees and their dependents following termination (for reasons other than gross misconduct), a reduction in hours, retirement or death. These health benefits will be identical to the coverage offered to full-time employees. A. For terminated or reduced-hour employees, the coverage may last up to 18 months or until they become eligible for other health insurance coverage, whichever is earlier. In the event of the employee's retirement, divorce, separation, or death, the coverage may last up to a maximum of 36 months for the employee and/or qualified beneficiary. B. Upon mutual agreement between the employee and the City, and in accordance with the terms and conditions of the insurance coverage at the employee's expense during an approved unpaid leave of absence, COBRA continuation rights may apply in the event coverage is not extended through the City. C. While an employee is receiving worker's compensation benefits, the City may continue to pay the employee's health insurance premiums for three (3) months, after which the employee may choose to use COBRA rights and self-pay insurance premiums. D. Upon an employee's termination from City employment, at the employee's option and expense, the employee may elect to continue City health insurance benefits to the extent provided under COBRA. Continuation rights are not available if an employee is terminated for "gross misconduct." E. An administrative handling fee over and above the cost of the insurance premium may be charged the employee or dependents that elect to exercise their COBRA continuation rights. F. The employee or beneficiary may waive all rights to continuation coverage notification procedures and time limits outlined in the continuation coverage "Notification of Rights" letter. Packet Page 178 of 248 37 CHAPTER VIII LEAVES 8.1 VALUE STATEMENT The City believes a balance between time spent working and time spent in pursuit of personal interests creates a better overall employee. The City believes employees need time away from work in order to achieve that balance. 8.2 VACATION Employees will be provided annual vacation in accordance with their labor collective bargaining agreement or City ordinance. Non Represented employees receive annual vacation in accordance with the Edmonds City Code Chapter 2.35. In appropriate situations for recruitment purposes, the Mayor, with approval of the City Council, may authorize placement of a newly hired employee at a level on the vacation and/or sick-leave accrual charts consistent with his/her prior experience. All new employees must satisfactorily complete their trialorientation period to be entitled to the accrual and use of vacation leave. Employees may only use accrued vacation; vacation credit cannot be advanced to an employee. Regular part-time employees will receive vacation on a pro-rata basis. Hourly employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Each department is responsible for scheduling its employees' vacations without unduewith the least disruption of department operations whenever possible. Leave requests shall be submitted at least two weeks prior to taking vacation leave or as otherwise stated in the applicable collective bargaining agreement. Vacation schedules for union employees shall be submitted to their department directors for approval and established in compliance with the applicable labor collective bargaining agreement. The maximum number of vacation hours, which may be accrued is two year's at the current accrual rate, unless otherwise stated in a labor collective bargaining agreement. After reaching the maximum amount, the employee will not accrue any additional vacation, until leave is used. Any exceptions to extend vacation accruals due to extenuating circumstances must be approved by the Mayor. Employees will be paid for unused vacation time upon termination of employment. 8.3 SICK LEAVE All full-time regular employees, except LEOFF I employees, accrue sick leave benefits at the rate of eight (8) hours for each calendar month of continuous employment, unless otherwise specified in their labor agreement. Regular part-time employees may accrue sick leave benefits on a pro-rata basis according to hours worked. Hourly employees do not earn sick leave benefits. The maximum accrual, unless otherwise specified in a labor agreement, is 1000 hours. Non Represented employees may annually convert accrued sick leave in excess of 800 hours to a cash payment at the rate of three hours of sick leave to one hour of Packet Page 179 of 248 38 compensation at the employee’s current rate of pay, up to a maximum of $1000 per year. Employees do not accrue sick leave benefits during a leave without pay. Sick leave cannot be advanced; only accrued sick leave can be used. Allowable uses of sick leave cover those situations in which an employee is absent from work (including reasons as defined under state and federally approved leaves) due to: Employee's own health condition (illness, injury, physical or mental disability, including disability due to pregnancy or childbirth); The need to care for the employee's dependent children under the age of 18 who are ill. Care for other members of the immediate family (as defined by federal law, which includes spouse-child-parent) may be allowed on a short-term basis (maximum 3 days) when a life-threatening situation is present.an ill family emeber in accordance with the Family Care policy below. Medical or dental appointments for the employee or dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day; Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others; Use of a prescription drug, which impairs job performance or safety; Additional leave (maximum 3 days) beyond bereavement leave for a death in the immediate family (see section 8.9) to be authorized by the Department Head. A doctor's certificate may be required when an employee is absent for a period in excess of three (3) days, or at any other occasion the Department Director deems appropriate. The City may require a physician’s certification of the existence of a serious health condition or emergency condition affecting the employee or immediate family member in accordance with state and federal law. The City may also request the opinion of a second doctor at the City's expense to determine whether the employee suffers from a serious health care condition which impairs his/her ability to perform the essential elements functions of his or her job or return to work after an absence of two (2) weeks. Employees who are habitually absent due to illness or disability may be terminated if their disability cannot be reasonably accommodated and/or when the employee's absenteeism prevents the orderly and efficient provision of services to the citizens of the City. Employees who use all their accumulated sick leave and require more time off work due to illness or injury may, with their department head's prior approval, request a leave without pay. (See Leave Without Pay Policy.) Employees will be paid for any unused sick leave upon leaving City service in accordance with City Ordinance or the applicable labor collective bargaining agreement. Formatted: Condensed by 0.15 pt Formatted: Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Justified, Indent: Left: 0.5" Formatted: Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Condensed by 0.15 pt Formatted: Justified, Indent: Left: 0.5" Formatted: Normal, Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Don't hyphenate, Tab stops: -0.5", Left Formatted: Justified, Indent: Left: 0.5" Formatted: Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Justified, Indent: Left: 0.5" Formatted: Normal, Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Don't hyphenate, Tab stops: -0.5", Left Packet Page 180 of 248 39 FAMILY CARE (USE OF ACCRUED LEAVE TO CARE FOR ILL FAMILY MEMBER) Consistent with the Washington Family Care Act, employees may use their choice of any accrued leave (whether vacation, sick leave or comp time) that they have available for their own use in order to care for their child, spouse, parent, parent-in-law, registered domestic partner, or grandparent. This policy reflects requirements for all employees under state law, and therefore applies to represented and non-represented employees alike. An employee may use available paid time off to care for his/her child where the child has a health condition requiring treatment or supervision, or where the child needs preventive care (such as medical, dental, optical or immunization services). An employee may use available paid time off when a spouse, registered domestic partner, parent, parent-in-law, or grandparent has a “serious or emergency health condition”, which are conditions: * Requiring an overnight stay in a hospital or other medical-care facility; * Resulting in a period of incapacity or treatment or recovery following inpatient care; * Involving continuing treatment under the care of a health care services provider that includes any period of incapacity to work or attend to regular daily activities; or * Involving an emergency (i.e., demanding immediate action). Where the need for family care leave is unexpected, the City understands that advance approval of the use of leave (as is required for certain kinds of leave) may not be possible. Employees are required, however, to notify their supervisor of the need to take time off to care for a family member as soon as the need for leave becomes known. The City reserves the right to require verification or documentation confirming that a family member has or has had a “serious or emergency” health condition when available leave is used to care for that family member. SICK LEAVE INCENTIVE PLAN Unless otherwise specified in the labor agreement, employees, who maintain a good attendance record, shall be eligible for the following Sick Leave Incentive Plan. Hours of Sick Leave Used during the Calendar Year Hours of Vacation Leave Earned 0 24 8 16 16 8 24+ 0 Formatted: Font: Not Bold Packet Page 181 of 248 40 Incentive leave will be added to the employee’s maximum vacation accrual, however earned leave must be used in the year following the year in which the sick leave was usedearned. Sick leave used due to Workers Compensation illness or injury , FMLA, or other protected leaves will not be counted. The hours earned and used will be pro-rated to the nearest full hour. Employees must be employed for a full calendar year to be eligible for this benefit. 8.4 FITNESS FOR DUTY Whenever a supervisor has reasonable belief that an employee may not be able to perform all of his or her assigned job duties, the supervisor may require the employee to submit to a Fitness for Duty evaluation by a qualified professional and/or medical provider. The Fitness for Duty evaluation with be at the City’s expense. Any employee, who is absent from work because of illness or injury for six (6) months, will may be required by the City to submit to a fitness for duty examination by a City physician to determine if he or she can return to work or if he or she is capable of performing the essential duties of their jobposition. 8.5 LEAVE WITHOUT PAY The Mayor may grant leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. Examples of situations for which leave without pay may be granted include time off work for personal reasons, such as a prolonged illness, parenting, caring for an ill relative, or pursuing an education. Any leave without pay requests should be forwarded to the Department Director for approval by the Mayor. Employees do not accrue benefits or DRS service credits during a leave without pay, nor does the City pay for any other benefits, unless specifically stated elsewhere in City Policy or the applicable labor collective bargaining agreement. 8.6 JURY AND WITNESS DUTY The City provides all regular employees time off with pay for jury duty service up to a maximum of one month each time they are called for jury service. If jury duty extends beyond one month in any one instance the additional leave will be unpaid. Payment provided by the courts during periods of paid jury duty must be paid over to the City, excluding expense reimbursements, such as mileage. You Employees must provide your their supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, you employees are required to provide your their supervisor with proof of jury service. All employees summoned to testify in court are allowed time off for the period they serve as witnesses. In general, witness duty leave is unpaid unless you the employee isare a witness in a case involving the City. For exempt salaried employees, however, salary payment will continue except for full-day absences caused because the employee is a party in a lawsuit. 8.7 ADMINISTRATIVE LEAVE On a case-by-case basis, the City may place an employee on administrative leave with or without pay for an indefinite period of time. Administrative leave may be used in the best interests of the City (as determined by the Mayor) during a pending investigation or other administrative proceeding. Packet Page 182 of 248 41 8.8 MILITARY LEAVE ANNUAL TRAINING: The City provides employees with paid leave while performing annual military training duty in accordance with federal and state law. Regular full-time and part-time eEmployees receive paid military leave of up to 15 21 working days per year for annual military training dutybeginning October 1 and ending the following September 30. This military service includes annual Reserve and National Guard training. You Employees are required to provide your their supervisor with copies of your their military orders before the leave begins. Military leave in excess of this paid leave entitlement will be unpaid, provided that employees may use accrued vacation or compensatory time off during such military leave. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. INVOLUNTARY MILITARY SERVICE: City employees, who are involuntarily called into active duty for an indefinite period of time, are entitled to receive the following benefits, commencing on the first day the employee reports for active duty and continuing for the periods specified below or until the employee’s discharge from active duty, whichever occurs first: 1. For sixty (60) calendar days – the difference, if any, between the employee’s regular City salary and the monetary compensation paid to the employee for the employee’s military service, inclusive of housing and food allowances and other similar expenses; and 2. For ninety (90) calendar days or three months – the insurance premiums for the employee’s dependents, as previously covered by the insurance, shall be paid by the City; and 3. Shared Leave as donated by other City employees. Employees, who have been called to active duty and who apply for the above benefits, must agree in writing to return to work with the City. Failure to return to work with the City upon completion of the military duty will be cause for reimbursement of the compensation and benefits paid under this paragraph in order to be entitled to this benefit. 8.9 WASHINGTON MILITARY LEAVE FOR SPOUSES AND DOMESTIC PARTNERS During times of military conflict declared by the President or Congress, an employee may be eligible for unpaid leave if his or her spouse or registered domestic partner is a member of the armed forces, National Guard or Reserves. An employee is eligible so long as he or she works an average of twenty (20) or more hours a week. An eligible employee may take up to fifteen (15) days of unpaid leave upon being notified of an impending call to duty, order to active duty, and before the deployment or when the military spouse/registered domestic partner is on leave from deployment. Formatted: Condensed by 0.15 pt Formatted: Normal, Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Don't hyphenate, Tab stops: -0.5", Left Formatted: Font: Not Bold, No underline, Condensed by 0.15 pt Formatted: Condensed by 0.15 pt Packet Page 183 of 248 42 While leave is unpaid, the employee may elect to use paid sick, vacation, or other accrued paid time off while on leave. An employee must provide Human Resources with notice of his or her intent to take leave within five (5) business days of receiving official notice that the employee’s spouse or registered domestic partner will be on a leave from deployment, or (b) official notice of an impending call to active duty. Upon returning from leave, the employee is entitled to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within twenty miles of the employee’s workplace when leave commenced. 8.109 FAMILY MEDICAL LEAVE The City complies with the federal Family and Medical Leave Act of 1993 (the FMLA) as amended, and all applicable state laws related to family and medical leave, including but not limited to the Washington Family Leave Act (WFLA) and the Washington Pregnancy Disability Regulations (MDR). This means that, in cases where the law grants you an employee more leave than the City’s leave policies provide, you the employee will be given the leave required by law. The FMLA and WFLA, which usually run concurrently, provides up to 12 weeks of unpaid, job-protected leave every 12 months to eligible male and female employees for certain family and medical reasons. To be eligible for FMLA you employees must have worked for the City for a least one year and for 1,250 hours over the previous 12 months , and must not have exhausted their FMLA leave entitlement during the previous rolling 12- month period. Unpaid FMLA/WFLA leave is granted for any of the following reasons: To care for your a child after birth or placement for adoption or foster care. To care for your a spouse, registered domestic partner, son, daughter or parent who has a serious health condition. For a serious health condition that makes you the employee unable to perform the essential functions of your their job. Any qualifying exigency as defined by the Secretary of Labor, arising when the employee’s spouse, registered domestic partner, child, or parent is called to active military duty or is on active duty. Qualifying exigencies are generally activities related to the active foreign duty or call to foreign duty, including attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post- deployment reintegration briefings. To care for an employee’s family member who is a covered servicemember with a serious injury or illness. Formatted: Condensed by 0.15 pt Formatted: Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Condensed by 0.15 pt Formatted: Justified, Indent: Left: 0.5" Formatted: Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Condensed by 0.15 pt Formatted: Justified, Indent: Left: 0.5" Formatted: Justified, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Condensed by 0.15 pt Formatted: Condensed by 0.15 pt Formatted: Condensed by 0.15 pt Packet Page 184 of 248 43 A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves: Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; A period of incapacity of more than three consecutive, full calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; A period of incapacity due to pregnancy or for prenatal care; A period of incapacity or treatment due to a chronic serious health condition, for a permanent or long-term condition for which treatment may not be effective, or to receive multiple treatments for restorative surgery after an accident or injury or for a condition that would likely result in an incapacity of more than three full, consecutive calendar days in the absence of medical treatment (e.g. chemotherapy for cancer or dialysis for kidney disease). Leave to care for a child after birth or placement for adoption or foster care must be concluded within 12 months of the birth or placement. Under some circumstances FMLA leave may be taken intermittently -- which means taking leave in blocks of time or on a reduced leave schedule--by reducing your the normal weekly or daily work schedule. FMLA leave may be taken intermittently if medically necessary because of a serious health condition or for a qualifying military exigency. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the City’s approval. The City requires employees to use accrued paid sick leave during FMLA leave in circumstances where the City's policy or state law permits the use of sick leave. If you havethe employee has any sick leave available that may be used for the kind of FMLA leave you they are taking, it is the City’s policy that you the employee must use that paid sick leave, beginning with the first day, as part of your the FMLA leave. Use of vacation time for FMLA leave, however, is at your optionEmployees may use their vacation leave under FMLA at their option to remain in a paid status after first using their sick leave as required by City policy. If you use sick leave is used for a purpose for which FMLA leave would be available, it is the City’s policy to designate your the employee’s sick leave as counting against your their FMLA leave allowance. You areThe employee is required to notify the City if you they use sick leave for a reason covered by the FMLA so that the City may properly account for the leave. Please contact the Human Resources Office for any questions about FMLA The City requires that you employees provide advance leave notice, with medical certification, of the need for a leave related to a health condition, and with medical Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.5" Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.5" Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.5" Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Tab stops: Not at 0.5" Packet Page 185 of 248 44 certification of your their fitness to return to duty after medical leave. Taking leave, or reinstatement after leave, may be denied if these requirements are not met. You Employees must give us the City at least 30 days' advance notice of your their request for leave if the reason for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment. If 30 days' notice is not practicable, you employees must give the City notice as soon as practicable, usually within one or two business days of when the need for leave becomes known to youthe employee. If you do not give 30 days' advance notice is not given, and if the need for the leave and the approximate date of the leave were clearly foreseeable by youthe employee, the City may deny your the request for leave until at least 30 days after the date you give notice is given. The City requires that you employees provide a medical certification to support a request for leave because of a serious health condition (your their own or your their child's, spouse's, registered domestic partner’s, or parent's) whenever the leave is expected to extend beyond five consecutive working days or will involve intermittent or part-time leave. The City may require second or third opinions at its option with such expense covered by the City. You Employees are also required to provide a medical certification of your their fitness for duty to return to work after a medical leave that extends beyond 10 consecutive working days, that involves a mental disability or substance abuse, or where the medical condition and your the job are such that the City believes you the employee may present a serious risk of injury to yourself themselves or others if you they are not fit to return to work. If you an employee takes leave for more than two weeks, you they will be required to report to your their supervisor at least every two weeks on your their status and intent to return to work. The City can place an employee on Family Medical Leave at any time sufficient evidence exists of a qualifying event. The employee will be notified in writing of this decision. If you the employee isare covered by the City’s group health plan (medical, dental or vision), your their health insurance benefits continue to be paid during FMLA leave on the same basis as during regular employment. But if you the employee doesn’tdon't return to work after the leave, you they will be required to pay the City back for its portion of the insurance premiums unless your the failure to return was beyond your the employee’s control. If you arethe employee is covered by other insurance plans through the City, such as life or disability insurance, those coverages will continue during paid leave on the same basis as during regular employment. If you the employee takes unpaid FMLA leave, you they will be responsible during the leave for the premiums you normally pay paid plus the premiums we the City normally pays for youon the employee’s behalf. If you the employee don'tdoesn’t pay these premiums, we the City may choose to pay them for youon their behalf, to keep your their coverage from lapsing, but you the employee will be responsible for repaying us the City whether or not you they return to work. Packet Page 186 of 248 45 If both you and youran employee and their spouse work for us the City and you request leave for the birth, adoption or foster care placement of a child, to care for a new child, or to care for a sick parent is requested, the total annual FMLA leave available to you as a coupleboth employees combined for those purposes is 12 weeks. Leave for the birth or for placement for adoption or foster care must be completed within 12 months of the child’s birth or placement. FMLA leave is available for up to 12 weeks during a 12-month period. For purposes of calculating leave availability, the "12-month" period is a rolling 12-month period measured backwards from the date you use any FMLA leave started. If you take leave for the disability phase of pregnancy or childbirth while you are physically unable to work, this time is counted against your annual 12-week FMLA leave allowance. For example, if you take six weeks of FMLA leave for childbirth to recover from childbirth, you are entitled to only six weeks of FMLA leave after that to care for your new child. You are entitled to unpaid leave for the full period of your physical disability resulting from pregnancy and childbirth, even if you are disabled for more than 12 weeks, and even if you don't qualify for leave under the federal law. CAREGIVER LEAVE FOR AN INJURED SERVICEMEMBER Per FMLA, eligible employees may receive up to 26 weeks of unpaid leave in a 12- month period to care for an injured or ill military service personnel: Who is the employee’s spouse, registered domestic partner, parent, chil d, or next of kin; and Who is a current member of the armed forces, including National Guard and Reserves; with a serious injury or illness incurred or aggravated in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy, or is in outpatient status, or is on eht temporary disability retired list; or Who is a veteran who was a member of the armed forces any time during the five years preceding his/her need for medical treatment, recuperation or therapy for a serious injury or illness, where the injury or illness was incurred or aggravated in the line of duty.. The combined total of leave for all purposes described in this policy may not exceed 26 weeks in the applicable leave year. Spouses who are both employed by the City and who are eligible for FMLA leave may be limited to a combined total of 26 workweeks of leave during the single 12-month period if leave is taken for military caregiver leave, and leave for the birth or placement of a child, to care for the child after birth or placement, or to care for a parent with a serious health condition. Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Arial Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Left, Indent: Left: 0.5", No bullets or numbering, Hyphenate, Tab stops: Not at -0.5" Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 0.5", No bullets or numbering, Hyphenate, Tab stops: Not at -0.5" Packet Page 187 of 248 46 QUALIFYING EXIGENCY RELATING TO A CALL TO COVERED ACTIVE DUTY. Under the FMLA, leave is available for certain qualifying military exigencies, as described below. The City may require certification of a qualifying exigency, which requires the following: The eligible employee must be the spouse, son, daughter, or parent of a covered servicemember. The son or daughter may be of any age. The servicemember must be in covered active duty. “Covered active duty” means the servicemember must be a current member of the Regular Armed Forces or a member of the National Guard or Reserve (Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve), or be a retired member of the Regular Armed Forces or Reserve who is called to active duty. A call to covered active duty refers to a Federal call to active duty, and the active duty must involve deployment to a foreign country. The leave must be needed for a non-medical qualifying exigency which arises out of the servicemember being on covered active duty or having been notified of an impending call or order to covered active duty. Qualifying exigencies include: Short-notice deployment Eligible employee may take up to seven calendar days’ leave if the military member receives seven or less days’ notice of a call to covered active duty. Military events and related activities (before and during deployment) Certain temporary childcare arrangements on an urgent, immediate need basis (but not on a routine, regular, or everyday basis), or to attend meetings with staff at a school or daycare facility Financial and legal arrangements to address the servicemember’s absence Counseling by a non-medical counselor (such as a member of the clergy) Rest and recuperation Eligible employee may take up to fifteen days’ leave for each instance when the military member is on temporary rest and recuperation leave. Formatted: Font: 12 pt, Not Bold, All caps Formatted: Font: 12 pt, All caps Formatted: All caps Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 1", Tab stops: Not at 0.5" Formatted: Indent: Left: 1.5", Tab stops: Not at 0.5" Formatted: Indent: Left: 1", Tab stops: Not at 0.5" Formatted: Indent: Left: 1.5", Tab stops: Not at 0.5" Packet Page 188 of 248 47 Post-deployment military activities Additional activities agreed to by the Company and the employee relating to the servicemember’s call to covered active duty 8.11 PREGNANCY DISABILITY LEAVE The City provides pregnancy disability leave to all female employees for the period of actual disability associated with pregnancy and childbirth. Pregnancy disability leave is for the period of disability that is determined to be medically necessary, and not for child rearing after the disability ends. Pregnancy disability leave is treated the same as leave for any other short-term disability. Like any other medical leave, the City may require medical certification to support a request for leave. A female employee has who taken a leave of absence only for the period of her disability relating to pregnancy or childbirth will generally be permitted to return to the same job, or a similar job of at least the same pay, except in cases of business necessity. If eligible for FMLA, the pregnancy disability leave runs concurrent (at the same time) with the FMLA and does not extend the 12 weeks of leave allowed under federal law. Pregnancy disability leave runs consecutive (one begins after the other ends) with the WFLA and does extend the 12 weeks of leave allowed under state law for the duration of the physical disability. Thus, a pregnant employee with no complications in the pregnancy and childbirth is likely entitled to 18-20 weeks of leave (six to eight weeks of physical disability leave, plus 12 weeks of leave under the WFLA). Unpaid pregnancy disability leave is without employer-paid benefits unless the leave is also covered by FMLA, although the employee may utilize accrued leave to remain in a fully paid status. 8.120 BEREAVEMENT LEAVE The City provides regular employees with paid leave for up to three (3) days in the event of the death of a member of the employee’s immediate family. Immediate family is defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father in- law, step parent, brothers, sisters, and grandparents. If the death occurs out of area and involves travel; up to three additional days may be granted off provided the additional time is charged to the employee’s accrued sick leave. 8.13 DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING LEAVE Employees who are victims of domestic violence, sexual assault, or stalking, or who have a family member who is a victim, may take reasonable unpaid leave from work either in continuous blocks of time or intermittently, or continue employment on a reduced work schedule, to take care of related legal or law enforcement needs, to obtain or assist in obtaining medical treatment, social services assistance, or mental health counseling, to Formatted: Indent: Left: 0.83", Tab stops: Not at 0.5" Formatted: Font: (Default) Arial Formatted: Font: Arial Packet Page 189 of 248 48 participate in safety planning, to temporarily or permanently relocate, or to take other actions to increase the safety of the employee or family member. An employee may elect to use paid sick leave, if applicable, vacation, comp time, or floating holiday time while on leave. For purposes of this policy, family member is defined as child, spouse/domestic partner, parent, parent-in-law, grandparent, or person the employee is dating. Employees must give as much advance notice of the need for the leave as possible. Leave requests must be supported with one or more of the following: A police report; A court order of protection; Documentation supporting a court appearance; Documentation from a healthcare provider, domestic violence advocate, attorney, or clergy; or An employee’s written statement that the employee or employee’s family member is a victim and needs assistance. If the situation does not allow for advance notice, the employee must notify the Human Resources Office no later than the end of the first day that the employee takes leave. The City will continue to pay the City’s share of health benefits as if the employee were still at work provided the employee pays his or her share of the premium. At the end of the leave, the employee will be restored to the same position or equivalent position in pay, benefits, terms and conditions unless the employee had a temporary assignment or was hired to work on a limited term project that was completed before or during the leave. 8.141 SHARED LEAVE The Mayor may authorize employees to donate their accrued leave to another City employee who is suffering from or who has an immediate family member suffering from an illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. The following conditions apply: Both accrued sick and vacation leave may be donated for a Shared Leave, which is based on a catastrophic level of illness or injury. Catastrophic illnesses or injuries are those which are potentially career-ending or life-threatening. All donated vacation leave hours must be used prior to any use of donated sick leave hours. However, only vacation donations leave hours can be donated for a shared leave request, which are based uponwhere the need arises from a non-catastrophic level of illness or injury. Immediate family is defined as spouse, registered domestic partner, son, daughter, mother, father, and in-laws of the same degree. Formatted: Font: Arial Packet Page 190 of 248 49 To be eligible to donate leave, the employee must have at least ten (10) days of accrued leave before donatinghe/she is eligible to donate leave hours. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave and/or sick leave balance to less than ten (10) days. Transfer of leave will be in increments of one day of leave. All donations of leave are strictly voluntary. The employee receiving donated leave shall have exhausted all his/her accumulated vacation, sick leave, holiday, compensatory time, or any other paid leave. Employees on L&I injuries are not eligible for shared leave if they are receiving time loss or LEP checks. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave. The maximum duration of a shared leave is limited to no more than six (6) continuous months or six (6) months in a five year period and cannot be used to extend the absence beyond the post leave time prescribed by law, labor agreement, or City policy. 8.152 HOLIDAYS The following are recognized as paid holidays for all regular full- time and part-time employees: New Year's Day January 1 Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day after Thanksgiving Christmas Eve December 24th Christmas Day December 25 Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday. For employees, who are working an alternative work schedule, an alternative eight (8) hour period of time off for the holiday will be granted. Employees, who are represented by a Union, will be paid for the holiday in accordance with their labor collective bargaining agreement. Hourly employees will be paid at their regular straight-time rate for hours worked on a holiday. Each employee who, because of the nature of his/her service, serves on a holiday, shall be compensated in accordance with the following provisions: Packet Page 191 of 248 50 Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may at his/her election receive an equivalent amount of compensatory time off at a date convenient to the City. Such day away from service shall be set at a date mutually agreed upon, but shall be set within 12 months of the holiday served. Such rate of pay shall not be pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act or the Washington Minimum Wage Act. Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within the same calendar year in which the holiday occurred. If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specified in this policy shall be recognized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for employees. 8.163 RELIGIOUS HOLIDAYS If an employee's religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with his/her department head's approval, take the day off using vacation, a floating holiday, compensatory time, or leave without pay. 8.174 BENEFITS FOR PART TIME AND TEMPORARY HOURLY EMPLOYEES Unless noted otherwise in these policies, benefits for regular part-time employees are pro-rated based upon the number of regular hours worked. Temporary Hourly employees are not normally granted leave benefits, unless otherwise specified in an individual employment agreement. 8.185 PAYMENT FOR ACCRUED LEAVES Leave must be accrued before it can be taken off for pay. Pay cannot be advanced for leave which has not yet been accrued. Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Packet Page 192 of 248 51 CHAPTER IX TRAVEL & MEAL EXPENSES 9.0 VALUE STATEMENT It is the City’s policy to pay for reasonable and necessary expenses relating to authorized City business for travel, meals, lodging, and related accommodations. Eligible expenses, with the exception of meals, shall be reimbursed on an actual expense basis only and must be accompanied by invoices and/or receipts showing proof of payment. All persons are to use good judgment and discretion, limiting expenses with the best interests of the City foremost in mind. Excessive or unnecessary expenses will not be approved or reimbursed. 9.1 AUTHORIZATION All requests for travel out of area shall be submitted on an AUTHORIZATION FOR TRAVELTO TRAVEL and ATTEND TRAINING FORM and TRAINING. The request must be approved by the Department Director in advance of the travel or expenditure. All anticipated expenses, either known or estimated, should be listed on the authorization. 9.2 ACCOMMODATIONS Accommodations, including transportation, lodging, and registrations, shall normally be arranged in advance by the designated staff person and billed directly to the City or placed on the Department's credit card. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation and single occupancy government rate for lodging. 9.3 ADVANCE PAYMENTS Employees may be provided a City credit card or will be allowed to request advance payment of travel expenses in excess of $100 as listed on the approved travel authorization. Requests should be made at least one week before the travel departure date. Receipts for all authorized expenses, excluding meals, must be submitted upon return to substantiate the advance payment. Failure to provide receipts may result in a charge back to the person failing to provide the required documentation. 9.43 MEALS The City’s per diem expense for meals is $40.00 per day and is periodically adjusted by City Ordinance following a review of the CPI and meal expense guides used by other cities. will be in conformance with the State of Washington Office of Financial Management guidelines. A guide, which has been developed by the State Office of Financial Management, will be used to determine the per diem rate for out of area locations. The daily per diem is paid on the following basis; 20% for breakfast, 30% for lunch, and 50% for dinner. Receipts are not required unless additional reimbursement is requested. Per diem for meals will be paid a) when the meal is part of a scheduled conference or business meeting and attendance is required, b) for all out of area travel, which includes an overnight stay. Per diem shall also be paid when travel time to and from the destination exceeds the normal workday by three or more hours. Travel time is measured from the employee’s workplace to his or her destination. Expenses not approved for reimbursement includes but is not limited to; alcoholic Packet Page 193 of 248 52 beverages, expenses for family or guests, entertainment, and meals provided as part of the registration costs. 9.45 USE OF PRIVATE CARSVEHICLES City employees on official business may use private cars when a City vehicle is not available. Employees, who are operating City vehicles or private cars while on City business, must have in their possession a valid operator’s license and be insured to the State’s minimum liability standards. Employees will be reimbursed at the mileage rate set annually by the fFederal IRS. The mileage rate includes all costs associated with the City’s use of the private car. Mileage will be computed from the City or actual miles, which ever is less. Reimbursement to employees, who wish to use their private car in lieu of air transportation, may not exceed the amount, which would have been paid for appropriate airfare. In the event of an accident, the employee’s insurance will be primary accident coverage. The Mayor, members of the city council, boards and commissions shall not be reimbursed for mileage expenses incurred within the city limits of Edmonds. Daily commute transportation expenses between the employee’s official residence and official station is a personal obligation of the employee and is not reimbursable by the city. All other miles driven on official City business are reimbursable. Employees may be reimbursed for miles driven between their official station or official residence and temporary duty station, whichever is shortest. 9.5 USE OF CITY VEHICLES While operating City of Edmonds vehicles, all employees must have a valid Washington State Drivers License in their possession at all times. Employees who operate a City vehicle shall immediately notify their Department Director any time the employee’s drivers license becomes suspended, revoked, or is any way not valid or current, for any reason. Employees shall not resume operation of any City vehicle until a valid, current drivers license is presented to their Department Director. Formatted: Font: Bold Packet Page 194 of 248 53 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CONDUCTCODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City’s primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on-going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner: All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens’ rights, and showing courtesy to all. Their actions shall be conducted within compliance of the laws and regulations governing the City’s actions, including but not limited to RCW Title 42. Business matters, involving the City representatives, shall be conducted in an open manner, allowing opportunity of any citizen to provide information, prior to official actionCity representatives are expected to conduct business in an open manner. They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City’s business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere Formatted: Font: 12 pt Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5", Border: Top: (No border), Bottom: (No border), Left: (No border), Right: (No border), Pattern: Clear Formatted: Font: Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: Not Bold, Not Italic Formatted: Font: 12 pt Packet Page 195 of 248 54 with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: (1) prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. Retaliatory Action is any material adverse change in the terms and conditions of an employee's employment. Packet Page 196 of 248 55 Emergency is a circumstance that if not immediately changed may cause damage to persons or property. City employees who become aware of improper governmental action should follow this procedure: Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action. Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney. The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur. Outside agencies to which reports may be directed include: Formatted: Condensed by 0.15 pt Formatted: Normal, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Indent: Left: 0.5" Formatted: Normal, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Condensed by 0.15 pt Formatted: Condensed by 0.15 pt Formatted: Condensed by 0.15 pt Formatted: Indent: Left: 0.5" Formatted: Normal, Indent: Left: 0.25", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75", Tab stops: Not at 0" + 0.5" Formatted: Condensed by 0.15 pt Packet Page 197 of 248 56 Snohomish County Prosecuting Attorney Washington State Auditor M/S 504 Capital Campus Everett, WA 98201 P.O. Box 40021 (425)388-3333 Olympia, WA 98504 (360)902-0370 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 If the above-listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation: (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Packet Page 198 of 248 57 Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. 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 dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 10.5 NO SMOKING POLICY The City maintains a smoke-free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City’s buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it must be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. For health and safety considerations, the City prohibits smoking by employees in all City facilities, including City-owned buildings, vehicles, and offices or other facilities rented or leased by the City, including individual employee offices. Packet Page 199 of 248 58 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of employees and reserves the right to search employee desks, lockers, and personal belongings brought onto City premises, if necessary.The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work-related searches of an employee’s work area, workspace, computer and electronic mail on the City’s property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to and including immediate termination. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA’s while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington Packet Page 200 of 248 59 State Driver's license and/or a Commercial Drivers License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspension, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by us the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community-based fund raising effort. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Soliciting employees who are on non-work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City’s electronic systems. The employee lunchroom is considered a non-work area under this policy. 10.13 USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City’s credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily Packet Page 201 of 248 60 seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. An employee may be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. Testing: Certain employees of the City, including those who must possess CDLs or who have safety sensitive positions, are subject to random drug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City’s substance abuse policy, and these are incorporated herein by reference as Appendix B. City employees who operate emergency vehicles or hold commercial driver's licenses ("CDLs") and operate commercial motor vehicles while employed by the City are subject to additional rules and regulations imposed by the federal government. These regulations require urine drug testing and alcohol breath testing in the following circumstances: pre-employment; Formatted: Font: 12 pt Formatted: Justified Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Justified Formatted: Font: 12 pt Formatted: Font: 12 pt Packet Page 202 of 248 61 reasonable suspicion; post-accident; return to duty testing; random testing. CDL holders who test positive must be removed from their motor vehicle operator duties and are subject to discipline, up to and including termination. CDL holders should consult the City's CDL policy for the additional details concerning these rules. Based on the federal Drug-Free Workplace Act, the manufacturing, distribution, dispensation, possession and use of unlawful drugs or alcohol on City premises or during work hours by City employees is strictly prohibited. Violation of this policy can result in disciplinary action, including termination. Continued poor performance or failure to successfully complete a rehabilitation program is grounds for termination. Packet Page 203 of 248 62 CHAPTER XI DISCIPLINE AND TERMINATIONS 11.1 VALUE STATEMENT The City values the self discipline which most employees exercise in performing their jobs. The City also believes that external discipline can also be positive, if it is honest, constructive, timely, and provided in the best interests of both the employee and the City. When teaching or discipline fails to correct an ongoing problem, progressive discipline will be used to provide sufficient opportunity for the employee to understand and correct it. 11.2 ACTIONS SUBJECT TO DISCIPLINARY ACTION Our success in providing excellent service to our citizens and maintaining good relationships with the community depends on our employees. We have therefore provided for your guidance certain conduct which, if engaged in, would be detrimental to our objective and could lead to disciplinary action including discharge. The following specified conduct is illustrative and not comprehensive.  Misrepresentation or withholding of pertinent facts in securing employment.  Unauthorized use or possession of the city facilities/property. Improper use of the Internet.  Unauthorized use of position with the city for personal gain or advantage. Accepting unlawful gratuities or bribes. Lying.  Smoking in any unauthorized posted area or creating of fire hazards in any area.  Employee appearance or dress which is inappropriate for the employee’s work area, creates a potential safety hazard, violates common decency standards, or otherwise significantly distracts from the employee’s job responsibilities.  Personal telephone calls, both number and duration, should be held to a minimum. SCAN lines and FAX machines are available for City business only. Personal long distance calls must be placed through the City’s central switchboard for billing purposes.  Failure to report an occurrence causing damages to the city, customer, or public property. Failure to properly secure the city facilities or property.  Loitering after completing day's work, which results in the disruption of the city's business or the work effort of other employees. Vending, soliciting, or Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: -0.25" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: -0.25" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Packet Page 204 of 248 63 collecting contributions for any purpose whatsoever during working time on the premises without the permission of the supervisor.  Unauthorized operation or using machines, tools, or equipment to which the employee has not been specifically assigned.  Unauthorized recording of another employee's time record. Both employees can be subject to disciplinary action.  Habitual lateness for work. Absence without proper notification to immediate supervisor, excessive absenteeism, or insufficient reasons for absenteeism. Loitering, goofing off, failing to assist others in a work situation.  Making malicious, false, or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of the city, members of the public, or our employees, on or off premises. Disorderly conduct, including fighting on the premises. Rudeness, discrimination, harassment, intimidation, coercion, use of obscene language, gesture or lack of courtesy to the public or fellow employees. Immoral conduct while on duty.  Intentional falsification of records/paperwork required in the transaction of the city business.  Inability, inefficiency, negligence, or insubordination, including a refusal or failure to perform assigned work. Concealing defective work. Poor job performance.  Failure to observe safety practices, rules, regulations, and instructions. Negligence that results in injury to others. Failure to wear required safety clothing and equipment.  Failure to promptly report an on-the-job injury or accident involving City employees, equipment, property, or a visitor.  Dishonesty or theft, including deliberate destruction, damage, or removal of the city's or other's property from the premises, or any job site.  Possession, use, sale, or being under the influence of alcohol and controlled substances while on the city business (including standby duty). The only exception to this rule shall be for (a) an employee using or possessing a controlled substance prescribed by a doctor if such employee has given his/her supervisor prior notice of such use and/or possession and such use does not impair safe and/or efficient work performance; (b) an employee carrying in his/her personal vehicle one or more unopened, factory or store sealed container(s) of alcohol; and (c) a law enforcement officer carrying in Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Packet Page 205 of 248 64 his/her city vehicle any alcohol and/or controlled substances that have been seized as evidence in a law enforcement action.  Possession of explosives or weapons on the premises or at any job site.  Conviction of a gross misdemeanor or felony. 11.3 DISCIPLINARY ACTIONS In the event that discipline is necessary, the following are examples of types of disciplinary actions that may be used for employees, by the Department Director (with the exception of terminations which are at the discretion of the Mayor). ; tThe level selected depends on the particular situation and severity of the offense:; A. Oral Warning Oral warnings may be given for minor offenses, or to bring to the employee's attention a potential work performance problem. They are intended to give an employee an opportunity to correct a condition. B. Written Warning A written warning will be issued by the supervisor in the event the employee continues to disregard an oral warning, or if the misconduct, inadequate performance, or infraction is severe enough to warrant a written record in the employee's personnel file. C. Suspension A suspension is time off with or without pay for disciplinary reasons. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations. D. Demotion. A demotion is a transfer to a position with lesser responsibility and usually less pay. Demotions may be temporary or permanent. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has demonstrated an inability to competently perform his assigned position E. Performance Improvement Plan/Last Chance Agreement. A Performance Improvement Plan may be used when an employee has violated rules and standards, or has demonstrated an inability to competently perform his assigned position, and the employee is given an additional period of time to demonstrate rule abiding and competent behavior. A Performance Improvement Plan may not exceed six cumulative months. Leave days will not be included in this six month period. If the regular employee fails to correct performance or repeats the unacceptable conduct during the Performance Improvement Plan period, the employee may be discharged. F. Termination Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 0.5", Bulleted + Level: 3 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Packet Page 206 of 248 65 A termination is the involuntary separation of an employee from the City. This form of discipline is also administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has demonstrated an inability to competently perform his assigned position. Terminations are subject to approval by the Mayor. (1) Oral Warning. (2) Written Reprimand. (3) Suspension. (4) Demotion. (5) Termination. The choice of what discipline to apply in any particular case is solely the City's decision. The City reserves the right to discipline employees up to and including termination without following any of the above examples of disciplinary actions in any particular order (unless otherwise specified in an applicable collective bargaining agreement) for single offenses if warranted depending on the severity of the offense. Employees who are exempt from overtime laws will not be suspended without pay for disciplinary purposes for periods less than a full workweek, unless the infraction involves violation of safety rules of major significance. Paid Administrative Leave. On a case-by-case basis, the employee may be placed on paid administrative leave with pay for an indefinite period of time as determined by the Mayor to be in the best interests of the City during the pendency of an investigation or other administrative proceeding. The City may place an employee on unpaid administrative leave if the circumstances warrant this action. 11.4 PRE-DISCIPLINARY OR PRE-TERMINATION HEARING A pre-disciplinary hearing shall be conducted in the following manner before a disciplinary action is taken which results in a decrease or loss of pay and/or benefits, for represented employees. In the case of termination of an employee, the city will conduct a pre-termination hearing. The pre-disciplinary termination hearing serves as a check against mistaken decisions and as an opportunity for an employee to furnish additional facts before a termination disciplinary decision is finalized. In the event a department head desires to suspend, demote, or terminate an employee, after consultation with Human Resources, the employee shall be provided with a notice of the recommendation for terminationdisciplinary action. The notice shall include an explanation of the charges on which the recommendation is based, and the time and date for a pre-termination disciplinary hearing. If the employee fails or refuses to appear, the termination disciplinary action may proceed. Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial, Not Italic Formatted: Font: Arial Formatted: Font: Arial Formatted: Hyphenate, Tab stops: Not at -0.5" Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Packet Page 207 of 248 66 Pre-termination disciplinary hearings will be presided over by the Mayor or a designated representativeDepartment Director and a Human Resources representative and/or the City Attorney. The hearings are intended to be informal. The employee may show cause why he/she should not be terminateddisciplined. The employee may bring one person to the hearing as a representative. Usually within two ten (102) working days after the pre-termination disciplinary hearing, the Mayor Department Director or Mayor will issue a decision on whether there are reasonable grounds to believe the charges against the employee are true and support terminationthe recommended disciplinary action. The Department Director or Mayor’s decision may include whether to accept the disciplinary recommendation, to impose lesser discipline, or to impose no discipline. Written notice of the decision shall be supplied to the employee. A longer review period may be required in more complex situations. Probationary employees who have not completed their orientation period with the City will not be eligible for a pre-disciplinary or pre-termination hearing, and may be terminated from employment with the City at any time during their orientation period. 11.5 LAYOFF The Mayor may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place. In determining who is to be laid off, the Mayor reserves the right, within the budget parameters set by the Council, to determine the layoffs in a way which provides the best mix of skills and experience as needed to provide services by the City. Consideration will be given to the needs of the City, individual job classifications, individual job performance, and the qualifications required for the remaining jobs. Employees , who are laid off, may be eligible to be re-employed, if a vacancy occurs in a position for which they are qualified within a one year period. 11.6 RESIGNATION As a professional courtesy and in consideration of staffing needs, aAn employee should provide two (2) weeks notice of his/her resignation. The employee’s department head may waive this time limitlimit; however employees must be aware that by not providing written notice they may in many cases reduce their sick leave pay out amounts upon termination, under applicable collective bargaining agreements. Once written notice of a resignation is submitted by the employee, the supervisor or Department Director will notify the Human Resources Office. Human Resources will contact the resigning employee to schedule an exit interview prior to the date of their resignation of employment. At the exit interview, the employee will be given information related to benefits and/or continuation of benefit options, and be expected to turn over any City issued property, including keys, ID badges and/or City credit cards. If any Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: No bullets or numbering Packet Page 208 of 248 67 employee would also like to meet with the Mayor or Department Director to discuss their reasons for leaving employment with the City, they may do so at their option. The City may request that the employee work the entire notice period, or may have the employee discontinue working earlier, with full pay and benefits through the duration of the notice period, at the City’s sole discretion. Packet Page 209 of 248 68 CHAPTER XII RECOGNITION AND SUGGESTIONS 12.1 VALUE STATEMENT The City values would like to show special recognition to employees who provide extraordinary achievement and contribution. To that end, the City encourages this through public recognition and reward. 12.2 RECOGNITION The City extends formal recognition each year for all regular employees whose work and dedication exceed expected standards. The formal recognition programs include the following: 1. Service Awards - Employees who have completed 10, 15, 20, 25, and 30 years of years employment. 2. Perfect Attendance - Employees who have not used any paid sick leave during the year. 23. Employee of the Year - Employee who is selected by his or her peers as the individual who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 3. Humanitarian of the Year - Employee who is selected by the Mayor as an individual who goes above and beyond the normal job duties as an exemplary worker and who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 12.3 SUGGESTIONS It is the policy of the City to reward employees whose suggestions result in significant cost reductions, increased value of services, or greater efficiencies of time. Suggestion rewards are limited for creative/innovative changes, which are not performed within the scope of the employee's job description or for work already performed. The Mayor is authorized to pay awards based upon value of the suggestion. The Mayor may appoint a Suggestion Committee to review and investigate employee suggestions and make recommendations for an appropriate reward amount. Suggestion awards which exceed $250 shall be approved by the City Council and awarded in a public meeting. Packet Page 210 of 248 69 CHAPTER XIII SAFETY 13.1 VALUE STATEMENT The City recognizes that no every job is too important to allow it to be done in an unsafe manner. Performing a job unsafely and placing self and coworkers in jeopardy of accidental injury or damage to property is unacceptable behavior, and grounds for disciplinary action. 13.2 GENERAL SAFETY Every employee has the right to a safe working environment. Every employee is responsible for maintaining a safe work environment and following their Department’s safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to his/her supervisor. The City will make every effort to remedy problems as quickly as possible. 13.3 BLOODBORNE PATHOGENS Since being exposed to a bloodborne pathogen may lead to sicknesses such as hepatitis, HIV, or malaria, and since the City wants to assure provide our employees as with a safe and healthly work environment as possible, it is the policy of the City to comply with all statutory obligations for the prevention of exposure to bloodborne pathogens. Employees should familiarize themselves with the City's Exposure Control Plan and follow it at all times. Failure to comply with this Plan will result in discipline up to and including termination. 13.4 WORKPLACE VIOLENCE The City is committed to providing a safe workplace for its employees, guests, and the public. Threatened or actual workplace violence is strictly prohibited. This includes, but is not limited to, any of the following conduct occurring in or around the workplace, or otherwise related to employment: Threatening injury or damage against a person or property. Fighting or threatening to fight with another person. Threatening to use or the possession, custody, storage, or control of a weapon (an instrument or device of any kind which may be used to inflict bodily harm or injury, or to establish fear simply due to its presence on the scene) on City premises including, but not limited to, buildings, offices, work areas, lounges, vehicles, parking lots, desks, cabinets, lockers, storage areas, and any other City owned property on which employees may work, unless the weapon is required to fulfill the employee’s job duties, such as those of a police officer. Pepper spray and similar devices maintained for personal protection are permissible, provided that employees are responsible for ensuring that such devices are secure while at work. Abusing or injuring another person. Abusing or damaging property. Using obscene or abusive language or gestures in a threatening manner. Raising voices in a threatening manner. Formatted: Font: Not Bold Formatted: Font: Arial Formatted: Font: Arial Packet Page 211 of 248 70 Because of the potential for misunderstanding, joking about any of the above misconduct is also prohibited. Any employee who violates this policy will be subject to corrective or disciplinary action, up to and including termination. Employees should immediately report threats or incidents of workplace violence to their supervisor, Department Director, Human Resources, or the Mayor. If the act or altercation constitutes an emergency, CALL 911. The Police Department should be notified immediately in case of a threat of or the actual commission of a crime. In the event of imminent danger to persons or property, employees should take immediate action to safeguard themselves. At no time should employees place themselves in harm’s way to protect vehicles or property. Even without an actual threat of violence, employees should report any behavior they have witnessed which they may regard as a real or perceived threat of violence. Incident reports are to be completed, as appropriate. Department Directors and, in the case of criminal actions, City law enforcement are responsible for responding to and investigating potential or violent situations. Supervisors detecting situations where they believe an employee represents a workplace violence concern should contact their Department Director or to Human Resources prior to addressing a potential workplace violence situation. The specific circumstances applicable to the situation will determine the intervention and disciplinary approach to be taken. While the City has a strong commitment to customer service, employees are not expected to be subjected to verbal abuse or physical threats from the public. Rather, the employee should excuse him/herself and report the situation to a supervisor who will handle the situation from that point. Supervisors will discuss the situation with the appropriate Department Director and/or the City police personnel. If an employee has been served a protection or no contact order which would restrict his/her ability to perform his/her assigned duties or be at a City work location, the employee shall report the matter to his/her supervisor. The City will consider possible job modifications and the overall safety interests of the general workforce and the public when determining an appropriate course of action. Employee safety depends on the safety consciousness of everyone. In order to facilitate a safe work environment, employees may not bring dangerous weapons, such as guns, explosives, and knives, to the workplace. This includes, but is not limited to, weapons for which employees have a valid permit. The only exception to this rule involves law enforcement positions for which the job requires possession of dangerous weapons. Any person who makes substantial threats, exhibits threatening behavior, or engages in violent acts on City property shall be removed from the premises as quickly as safety permits. Employees who observe acts of workplace violence shall report the behavior to their immediate supervisor. Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Packet Page 212 of 248 71 13.5 SAFETY COMMITTEES Each Department with employees that, because of job related duties are subjected to potentially hazardous conditions, shall have an Employee Safety Committee. The members of the Department Safety Committee shall be selected by their coworkers. They shall meet at least quarterly to review accidents and recommend corrective actions, investigate employee safety concerns and complaints, and recommend training and accident prevention programs. They shall keep minutes of their meetings. There shall also be a City Safety Committee, which shall be composed of a representative from each Department Committee and a representative from Human Resources. They shall should meet quarterly to review city wide safety issues and recommend corrective actions on unresolved safety problems. They One designated member shall prepare minutes of their meetings, which will be maintained by th e Human Resources Office. 13.6 ACCIDENTS In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor, and complete the appropriate department accident report form. In case of vehicle accident, call 911 and request Police assistance. Employees should render aid to injured persons at the scene of an accident to the extent they have been trained to assist. In the event of an accident involving injury or damage to property, the employee(s) involved shall complete a City Accident Report as soon as reasonably possible following the accident. The Supervisor shall investigate the accident and complete the Supervisor’s Accident Report. Both reports shall be submitted to the Department Director and the Department Safety Committee. In the next City-wide Safety Committee meeting, the Committee shall review the reports and make recommendations for appropriate corrective actions. The Human Resources Office maintains accident Reports. 13.7 TRAINING At least one member of each crew working in the field is required to have a valid First Aid card. This requires recertification training every two years. 13.8 ACCIDENT PREVENTION PROGRAM Each Department must have a formal written accident prevention program tailored to its particular operations and hazards. This program must include a safety orientation program and a safety bulletin board. The safety orientation must inform employees of the following: how and when to report injuries and unsafe conditions and practices, the use and care of required personal protection equipment, actions to take in emergencies including exit routes and locations of first aid facilities, and on-the-job safety practices. Employees will also be provided the hazard communications guidelines supporting the Worker's Right to Know requirements, which provides instructional information on hazardous materials used in the workplace, proper labeling of chemicals used, and emergency procedures for the employee to use in the event of a hazardous exposure or spill. Workers will be provided with proper personal protective equipment while working with hazardous materials and are required to use such safety equipment. Each worksite must also have a designated Safety Bulletin Board for displaying safety bulletins, posters, accident statistic, and other Packet Page 213 of 248 72 safety educational materials. The Human Resources Office will maintain a comprehensive Accident Prevention Plan for the City. Packet Page 214 of 248 73 CHAPTER IVX COMPLAINT PROCEDURES 14.1 COMPLAINT PROCEDURES The City recognizes that sometimes situations arise in which employees feel that they have not been treated fairly or in accordance with City policies. For this reason the City provides its employees with procedures for resolving complaints. Step 1: Employees should first try to resolve any problem or complaint with their supervisor. Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of City policies and procedures, the employee should attempt to resolve the problem with his/her department head. The complaint must be filed within ten (10) working days of the occurrence leading to the complaint, or ten (10) working days after the employee becomes aware of the circumstances. The department head will usually respond to the employee [in writing] within five (5) days after meeting with him/her, if possible. Step 3: If the employee is not satisfied with the response from the department head, the employee may submit the problem, in writing, to the Mayor. The written complaint must contain, at a minimum: (1) A description of the problem; (2) A specific policy or procedure which the employee believes has been violated or misapplied; (3) The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances; (4) The remedy sought by the employee to resolve the complaint. The written complaint must be filed within ten (10) working days of the occurrence leading to the complaint, or ten (10) working days after the employee becomes aware of the circumstances.from receipt of the department head’s response. The Mayor may meet with the parties, either individually or together, and will usually respond in writing to the aggrieved employee within ten (10) days of the meeting. The Mayor's response and decision shall be final and binding. Certain employees may have more than one source of dispute resolution rights, i.e., the City's Civil Service rules, a collective bargaining agreement, if any, and this complaint process. Employees represented by a bargaining unit or who are covered under civil Packet Page 215 of 248 74 service rules should follow grievance procedures set out in their respective labor contracts or civil service rules, where applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to utilize both this process and any other complaint or appeal procedure that may be available to an employee. Packet Page 216 of 248 75 APPENDIX A Information Services Acceptable Use Policy 1.0 Overview The Information Services Division’s intent for publishing an Acceptable Use Policy is not to impose restrictions that are contrary to the City of Edmonds established culture of openness, trust and integrity. The Information Services Division is committed to protecting the City and its employees from illegal or damaging actions by individuals, either knowingly or unknowingly. Internet systems, including but not limited to computer equipment, software, operating systems, storage media, network providing electronic mail, WWW browsing, and FTP, are the property of the City of Edmonds. These systems are to be used for business purposes in serving the interests of the City, and of our customers in the course of normal operations. Effective security is a team effort involving the participation and support of every City employee, who deals with information and/or information systems. It is the responsibility of every computer user to know these guidelines, and to conduct their activities accordingly. 1.0 Purpose This documents acceptable use of City of Edmonds Device and Systems Policy, and provides guidance for managing the use of electronic devices and systems by all departments, employees and users of City systems. 2.0 Background The City of Edmonds provides employees with a variety of devices, and technology systems such as telephones, voice mail, computers, facsimile machines, instant messaging, electronic bulletin boards, electronic mail (email) systems, cellular phones, wireless devices, Internet access, and social media. The City recognizes the importance of electronic devices and tools in accomplishing work in an efficient manner. Access to these systems provides rapid exchange of information that improves productivity. It is important, however, that these devices and systems be used in a manner which benefits the government and which is responsible to City taxpayers. The goal of this policy is to ensure economical, effective, and efficient management of communication systems and to ensure that employees use these systems in a professional manner that reflects positively upon the City. This policy establishes privileges and responsibilities for employees, and employees must agree to, and abide by this policy to utilize these systems. 3.0 Scope Packet Page 217 of 248 76 This policy applies to all employees, contractors, consultants, temporary employees, vendors and any others that are provided access to City of Edmonds communication systems, including those workers associated with any third parties who access these systems. Throughout this document, the word "employee" will be used to collectively refer to all such individuals. This policy also applies to all communications and data systems owned by and/or administered by the City of Edmonds both on and off City property. 4.0 Authority RCW 42.17 Public Disclosure RCW 40.14 Public Records 5.0 Device & Systems Usage Policy The City of Edmonds provides access to the vast information resources available through communication devices and systems including, computers, servers, email, voice mail, bulletin boards, instant messaging, cell phones, telephones, wireless devices, tablets, and other telecommunications and information systems. These information resources are for use to help employees work better, faster and smarter, and be well-informed about effective business practices. The facilities to provide that access represent a considerable commitment of City resources. This usage policy is designed to help employees understand the City’s expectations for the use of those resources. First and foremost, the City’s supplied devices, software, and systems, are provided at significant cost. That means that the City expects these systems to be used for City business-related purposes: to accomplish tasks, communicate with customers, suppliers, and associates, to research relevant topics and obtain useful business information. With rare exceptions, these systems are not to be used for private purposes. Employees should have no expectation of personal privacy in using them. The City requires employees to conduct themselves honestly and appropriately in the use of the use of technology provided, and respect copyrights, software licensing rules, proprietary rights and prerogatives of others, just as in any other business dealings. To be absolutely clear on this point, all existing City policies apply to employees conducting business with these devices, software, and systems. This includes especially, but not exclusively, those that deal with intellectual property protection, misuse of City resources, harassment, including sexual harassment, information and data security, and confidentiality. Unnecessary or unauthorized device and system usage costs money, and causes network and server congestion. It slows other users, takes away from work time, consumes supplies, and ties up printers and other shared resources. Unlawful devices or systems usage may also garner negative publicity for the City and expose Edmonds Packet Page 218 of 248 77 to significant legal liabilities. Internet, postings, blogs, chat groups, social media, newsgroups, and email systems give each user an immense and unprecedented reach to propagate City messages and tell the City story. Because of that power the City must take special care to maintain the clarity, consistency and integrity of the City of Edmonds image and posture. Anything any one employee writes in the course of acting for the City on the communication systems can be interpreted as a formal representation of the City’s position. While the City’s use of these devices and connections to systems offer many potential benefits, it can also open the door to significant risks to our data and systems if employees do not follow appropriate security discipline. As presented in greater detail, that may mean preventing machines with sensitive data or applications from connecting to a communication system entirely, or it may mean that certain users must be prevented from using certain communication systems or their features, for example remote file access or file transfers. The overriding principle is that security is to be a primary concern of every user. Employees can be held accountable for any breaches of security or confidentiality. Certain terms in this policy should be understood expansively to include related concepts. Document Covers any kind of file, or stream of data, that can be stored, printed, read, or viewed. This would include files for browsers, desktop applications, such as word processing or desk-top publishing, and specialized software programs databases, GIS, and their viewers. Graphics Includes photographs, pictures, video, images, animations, movies, or drawings. Display Includes monitors, flat-panel active or passive matrix displays, monochrome LCDs, projectors, televisions, handheld screens and virtual-reality tools. Audio Includes any sounds, recordings and files containing sounds or voice. All employees provided or granted device, software or systems access will be provided a copy of this policy or a “link” to the policy where it may be viewed and/or printed. Any questions concerning the policy should be directed to the employee’s supervisor. If there is any portion of this policy that is not clearly understood by the employee, it is the employee’s responsibility to bring the question to the attention of their supervisor for clarification. 6.0 Detailed Policy Provisions Packet Page 219 of 248 78 1. Management and Administration 1.1. The City of Edmonds has software and systems in place that can monitor and record all software and systems usage. Most systems such as electronic mail, facsimile transmissions, Internet traffic, and voice mail are technologies that create an electronic record. This is what separates these from other forms of communication such as a telephone conversation. An electronic record, like a paper record, is reproducible and therefore special care must be taken to avoid improper dissemination of protected or confidential information. Electronic records are subject to public disclosure laws to the same extent as are paper records. Electronic records may be inspected for audit or legitimate operational or management purposes. The City reserves the right to inspect any and all files stored in any areas of City systems in order to assure compliance with policy. Electronic records are to be kept, maintained, released, withheld, and destroyed only in accordance with the Public Disclosure Act (RCW 42.17) and the law governing preservation and destruction of public records (RCW 40.14). 1.2. The City’s security systems are capable of recording (for each and every user) each World Wide Web site visit, each chat newsgroup or email message, and each file transfer into and out of City systems, and other communications related information. The City reserves the right to monitor and record such uses at any time. No employee should have any expectation of personal privacy as to their communication systems usage or use of any software or hardware provided by the City. The City will review communication systems activity and analyze usage patterns, and may use this data to assure that City communication systems resources are devoted to maintaining the highest levels of productivity. 1.3. The creation or transmission of any kind of sexually explicit image or document on any City system is a violation of the City’s policy on sexual harassment (see Personnel Policies Section 2.4, Sexual Harassment Prohibited). Some images or documents do not apply to this policy, such as the legitimate needs of public safety agencies. In addition sexually explicit material may not be accessed, viewed, downloaded, archived, stored, distributed, edited or recorded using our network or communication systems. The City of Edmonds uses independently supplied software and data to identify inappropriate or sexually-explicit material. The City may block access to all such sites of which the City becomes aware. If an employee is inadvertently connected to a site that contains sexually explicit or offensive material, the employee must disconnect from that site immediately, regardless of whether that site had been previously deemed acceptable by any screening or rating program. 1.4. The creation or transmission of derogatory, inflammatory or harassing messages or content (including, without limitation, derogatory, inflammatory or Packet Page 220 of 248 79 harassing remarks about an individual's race, age, gender, disability, religion, national origin, marital status, military or honorably discharged veteran status, sexual orientation, including gender expression or identity, genetic information or any other protected characteristic) is a violation both of this policy and of the City’s Anti-Harassment Policy. 1.5. Use of City communication systems for solicitation of non-City business or for personal gain is prohibited. 1.6. The City of Edmonds communication systems and computing resources must not be used to violate the laws and regulations of the United States or any other nation or the laws and regulations of any county, city, province or other local jurisdiction in any material way. Use of any City resources for illegal activity is grounds for discipline, up to and including immediate dismissal and consistent with applicable law. The City will cooperate with legitimate law enforcement and regulatory agencies for logs, diaries and archives on employee activities. 1.7. Any software or files downloaded via the City’s devices, software, or systems into the City’s systems may be used only in ways that are consistent with their licenses or copyrights. 1.8. No employee may use City systems to knowingly download or distribute pirated software or data. Any file that is downloaded must be scanned for viruses before it is run or accessed. 1.9. No employee may use a City device, software, or its systems to deliberately propagate any viruses or other code harmful to City data or systems. 1.10. No employee may use City devices, software, or systems to knowingly disable or overload any computer system or network or to circumvent any security feature of the systems. 1.11. Each employee shall identify themselves honestly, accurately and completely (including City department and function where requested) when participating in authorized chats or newsgroups, or when setting up accounts on outside computer systems. 1.12. Only those employees or officials who are duly authorized to speak on behalf of the City to the media, to analysts or in public gatherings may speak/write in the name of the City to any electronic media, such as newsgroup, chat room, blog, or social media. Other employees may participate in electronic media in the course of business when authorized and relevant to their duties, and should be cautious to make it clear when they are expressing an individual opinion as opposed to establishing or representing the City’s position or policy on a matter. Where an individual participant is identified as an employee or agent of the City of Edmonds, the employee must refrain from political advocacy and must refrain from the unauthorized endorsement or appearance Packet Page 221 of 248 80 of endorsement by the City of any commercial product or service. 1.13. The City of Edmonds retains proprietary rights and the copyright to any material posted to any electronic media (including, without limitation, any social media, forum, newsgroup, chat room or World Wide Web) by any employee in the course of his or her duties with the City, unless otherwise provided by law. 1.14. Electronic transmission of protected or confidential City information is governed by the same rules and principles that govern paper transmittals. Protected or confidential City information may include, but is not limited to, certain financial data, personal data, certain proprietary information, security information, trade secrets, and any other material exempted from disclosure, or required to be held confidential by law and City policies and/or procedures. The unauthorized release of protected information - whether or not the release is inadvertent - may subject an employee to penalties or discipline under existing policies and procedures. 1.15. A wide variety of materials may be deemed offensive by colleagues, customers or business suppliers. Employees must be aware of this and not store, view, print or redistribute any document or graphic file that is not directly related to the user's job or City activities, or that is likely to be deemed offensive by a reasonable person. (Exception: Viewing of unsolicited material sent to the employee.) 1.16. Employees must understand that copyright, trademarks, libel, slander and public speech control laws of all jurisdictions in which the City conducts business apply to the City and its employees. Care must be taken so that the use of the communication systems does not inadvertently violate any laws which might be enforceable against the City. 1.16.1. Employees with device and communication systems access may only download software for direct business use, and they must arrange to have such software properly licensed and/or registered with Information Services. Downloaded software if subject to a license must be used only under the terms of its license. 1.16.2. Employees may not download entertainment software or games or play games with others over the communication systems. 1.16.3. Employees may not download audio, images or videos unless there is an explicit business-related use for the material and such downloading does not violate any copyright or licensing requirements. Packet Page 222 of 248 81 1.17. Employees may not upload any software licensed to the City or data owned or licensed by the City without explicit authorization from the manager responsible for the system, software or data. 2. Technical 2.1. User identification (IDs) and passwords help maintain individual accountability for communication systems resource usage. However, the issuance of ID's and passwords is not intended to create any personal privacy rights. Any employee who obtains a password of or for a device or system resource must keep that password confidential, except for communication with authorized personnel. City policy prohibits the sharing of user IDs or passwords obtained for access to devices, software and systems. Employees shall not use the password or ID of another user, except in cases of job related necessity as approved by the Department Head. Employees shall not reveal the password or ID to an unauthorized person or entity. 2.2. Video and audio streaming and downloading technologies represent significant data traffic which cause local network congestion. Employees should schedule communications-intensive operations such as large file transfers, video or audio downloads, mass e-mailings and the like so as not to impact other users of the City’s systems. The preferred time for such transfers are the off peak hours between 6:00 PM and 7:00 AM Pacific time. 3. Security 3.1. The City has installed a variety of firewalls, application, network address screening programs and other security systems to assure the safety and security of systems. Any employee who attempts to disable, defeat or circumvent any security facility is subject to discipline up to and including dismissal and possible criminal prosecution. 3.2. Files containing confidential and/or protected data that are transferred in any way across communication systems must be protected. 3.3. Devices that use their own network to create an independent data connection can sidestep network security mechanisms. These independent connections to outside networks can be used by an attacker to compromise City software, systems and networks. Any device used for an independent network connection must be isolated from the City’s internal networks and approved in advance by Information Services. 3.4. Only those communication systems, services and functions with documented City business purpose will be enabled at the systems firewall. 4. Incidental use Packet Page 223 of 248 82 4.1. De minimis use is an infrequent or occasional use that results in little or no actual cost to the City. An occasional brief local phone call, Internet access or email to make a medical or dental appointment is an allowable de minimis use of communications systems. The cost of a brief local phone call is negligible and need not interfere with job performance. 4.2. The proper stewardship of City resources, including funds, facilities, tools, property, and employees and their time, is a responsibility that all employees share. Accordingly, employees may not use devices, software, or systems for personal benefit or gain or for the benefit or gain of other individuals or outside organizations. Personal benefit or gain may include a use solely for personal convenience, or a use to avoid personal expense. 4.3. Responsibility and accountability for the appropriate use of devices, software, or systems ultimately rests with the individual City official and City employee, or with the City official or City employee who authorizes such use. Employees and officials are cautioned that their own personal use of devices, software, or systems should never interfere with another City official or employee, or obligate another employee to make personal use of City resources. In addition, City employees have an affirmative duty to ensure that any personal use of devices, software, and systems is the most efficient in terms of time and resources. 4.4. Extensive or repeated personal misuse of City resources, including time, significantly undermines public trust in government. Nevertheless, a very limited personal use of City devices, software, and systems that supports organizational effectiveness would not undermine public trust and confidence. 4.5. Subject to restrictions elsewhere in this policy, a City official or employee may make an occasional, but limited, personal use of devices, software, or system resources only if each of the following conditions are met: 4.6. There is little or no cost to the City; 4.6.1. Any use is brief in duration, occurs infrequently, and is the most effective use of time or resources; 4.6.2. The use does not interfere with the performance of the officer's or employee's official duties; 4.6.3. The use does not disrupt or distract from the conduct of City business due to volume or frequency; 4.6.4. The use does not disrupt other City employees and does not obligate them to make a personal use of City resources; and Packet Page 224 of 248 83 4.6.5. The use does not compromise the security or integrity of City property, information, or software. 4.7. The City Code, state and federal laws, strictly prohibit uses of taxpayer resources for private benefit or partisan political purposes. Any use of City resources to support such activity clearly undermines public confidence in government and reflects negatively on City employees generally. In compliance with these provisions, this policy explicitly prohibits, at all times and to any degree, the following private uses of devices, software, and systems and resources: 4.7.1. Any use for the purpose of conducting an outside business or private employment. 4.7.2. Any use for the purpose of supporting, promoting the interests of, or soliciting for an outside organization or group, including, but not limited to: a private business, a nonprofit organization, political candidate, a political party, or a ballot issue (unless provided for by law, City code, or other policy). (Note: It is not intended to prohibit forwarding information related to United Way or other organizations related to city government such as the Association of Washington Cities (AWC)). 4.7.3. Any use for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. 4.7.4. Any use related to conduct that is prohibited by a federal or state law or rule, or a City code or policy; and 4.7.5. Any private use of any devices, software, or systems property that has been removed from City facilities or other official duty stations, even if there is no cost to the City. 4.8. The general ethics standard is that any use of devices, software, or systems resources other than for official business purposes needs to be brief in duration and frequency to ensure there is little or no cost and the use does not interfere with the performance of official duties. 5. Policy Changes; Other City of Edmonds Policies 5.1. The City of Edmonds Information Services may modify or revise its devices, software, and systems use policies (including these specific regulations) at any time, in its sole discretion. The City will notify the Union of any changes in policy that may affect wages, hours, or working conditions prior to implementation. Employees are required to comply with all such subsequent modifications or revisions. Modifications and/or revisions will be posted on a Packet Page 225 of 248 84 shared network resource, posted on City Web sites, distributed through email, staff meetings or other communication method. 5.2. These devices, software, and systems use policies are in addition to, and do not replace or supersede, any and all other policies promulgated by the City from time to time which are applicable to its employees (including general policies relating to misuse of City assets or resources, sexual harassment, unauthorized public speaking and misappropriation or theft of intellectual property). Misuse or inappropriate use of devices, software, or resources, in violation of these or any other City policy, may result in discipline, up to and including discharge. 5.3. Violation of these policies may result in discipline, up to and including discharge, regardless of whether the particular section or paragraph refers to disciplinary action. 6. References: 6.2. Regulatory Codes of Washington (RCW) 42.52.160, 42.52.180, 42.17.190 6.3. Washington Administrative Code (WAC) 292-120-035 2.0 Purpose The purpose of this policy is to outline the acceptable use of computer equipment at the City. These rules are in place to protect the employee and the City. Inappropriate use exposes the City to risks including virus attacks, compromise of network systems and services, and legal issues. 3.0 Scope This policy applies to regular employees, temporary employees, and all other persons working under the supervision of the City. This policy applies to all equipment that is owned or leased by the City. 4.0 Policy 4.1 General Use and Ownership 1. While the City's network administration desires to provide a reasonable level of privacy, users should be aware that the data they create on the computer systems remains the property of the City of Edmonds. Because of the need to protect the network, the City cannot guarantee the confidentiality of information stored on any network device belonging to the City. 2. Employees are responsible for exercising good judgment regarding the reasonableness of personal use. Individual departments are responsible for creating guidelines concerning personal use of Internet systems. In the absence of such policies, employees should consult their supervisor or manager. 3. The Information Services Division recommends that any information, including e- mail, that users consider sensitive or vulnerable be safeguarded. For special assistance on safeguarding information, please contact the Information Services Packet Page 226 of 248 85 Division. For security and network maintenance purposes, persons authorized by the City may monitor equipment, systems and network traffic at any time. 4. The Information Services Division reserves the right to audit networks and systems on a random and/or periodic basis to ensure compliance with this policy. When requested by the Information Services Division, employees will provide full access to any City work area, computing equipment, and information stored within such equipment. Audits may be conducted to insure the integrity and availability of information and resources, investigate possible security breaches, and monitor user activity. The Information Services Division is also authorized to interactively monitor and log traffic on the City network. 4.2 Security Information 1. Employees should be aware that information processed through a City computer may be accessible to others unless reasonable precaution is exercised. Information, which is confidential, needs to be protected within the system. Employees, who wish to protect confidential information, need to first consult with their Department Director and then with the Information Services Division to determine the appropriate tools to maintain the confidential information. 2. Employees also need to exercise reasonable password security for their workstations. Passwords are required to be changed every 180 days. Employees should not give out their password to others and should not store their password in plain sight. The selection of passwords should also avoid the obvious, such as middle names, birthdates, children's or pet's names. Employees should not leave their workstations unattended, unless reasonable security measures have been taken. This includes locking your computer (CTRL-ALT-DEL, then click the "Lock Computer" button) when leaving your workstation for any significant amount of time. Employees should log out of their computer during non-work hours. Because information contained on portable computers is especially vulnerable, special care should be exercised. For further assistance, please contact the Information Services Division. 3. Postings by employees from the City of Edmonds email address (@ci.edmonds.wa.us) to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the City of Edmonds, unless posting is in the course of business duties. 4. Any workstation used by the employee that is connected to the Internet, whether owned by the employee or the City, shall be continually executing approved virus-scanning software with a current virus database. 5. Employees must use extreme caution when opening e-mail attachments received from unknown senders, which may contain viruses, worms, or Trojan horse code. 4.3. Unacceptable Use The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities. Please contact the Information Services Division for further information on such exemptions. Under no circumstances is an employee of the City of Edmonds authorized to engage in Packet Page 227 of 248 86 any activity that is illegal under local, state, federal or international law while utilizing the City of Edmonds-owned resources. The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use. The following activities are strictly prohibited, with no exceptions: System and Network Activities 1. Violations of the copyright protections or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the City. 2. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, etc.). 3. Installing unauthorized hardware onto the City's network. 4. Revealing your password to others. 5. Using a City computing equipment to actively engage in procuring or transmitting material that is in violation of the City's sexual harassment policy or other hostile workplace laws. 6. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes. 7. Executing any form of network monitoring which will intercept data not intended for the employee's preview, unless this activity is a part of the employee's normal job/duty. 8. Circumventing user authentication or security of any workstation or network, or misrepresenting you as another person on the Internet. 9. Interfering with or denying service to any user other than the employee's workstation (for example, denial of service attack). 10. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet. 11. Providing lists of or information about the City's employees to parties outside the City of Edmonds. 12. Do not download software from the Internet and install it on the City's computer equipment. 13. Do not use City computers to listen to the radio. Email and Communications Activities 1. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam). Packet Page 228 of 248 87 2. Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages. 3. Unauthorized use, or forging, of email header information. 4. Solicitation of email for any other email address with the intent to harass or to collect replies. 5. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type. 6. Posting the same or similar non-City business-related messages to large numbers of Usenet newsgroups (newsgroup spam). 5.0 Enforcement Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. 6.0 Definitions Term Definition Spam Unauthorized and/or unsolicited electronic mass mailings. Packet Page 229 of 248 88 Appendix B Drug and Alcohol Testing Policies and Procedures Introduction: The City of Edmonds has adopted a substance abuse policy as part of the Personnel Policies that establishes that any employee may be required to submit to alcohol or controlled substance testing for reasons described in this policy. The City reserves the right to designate certain positions as “safety sensitive,” which may require pre-employment drug screening and random drug testing. Additionally, drug and alcohol testing policies and procedures are required by the U.S. Department of Transportation for employees who are required to have a Commercial Driver’s License (CDL) to perform their job. This document has three parts: 1) policies that apply to employees who are not required to have a CDL (non-CDL employees); 2) policies that apply to employees who are required to have a CDL; and 3) procedures applicable to all employees. PART I: POLICIES THAT APPLY TO ALL EMPLOYEES WHO ARE NOT REQUIRED TO HAVE A CDL (NON-CDL EMPLOYEES) Policy The City of Edmonds is committed to protecting the health, safety and well being of its employees and all individuals who come into contact with our employees and workplace. In addition, we strive to create and maintain a productive and efficient work environment in which all employees have an opportunity to thrive and be successful. Recognizing that drug and alcohol use and abuse can pose a serious threat to these goals, the City of Edmonds is committed to providing a drug and alcohol-free workplace for all of its employees. Definitions Drugs - For purposes of Part I of this policy, “drugs” refers to any illegal substance or controlled substance taken without a valid prescription, including but not limited to: marijuana (THC), cocaine, opiates, synthetic opiates, phencyclidine (PCP), and amphetamines. Alcohol – “Alcohol” means ethyl alcohol, the intoxicating agent in alcoholic beverages, or other low molecular weight alcohols, including methyl or isopropyl alcohol. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Reasonable Suspicion – Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation Formatted: Font: Bold Formatted: Font: (Default) Times New Roman Formatted: Normal, Left Formatted: Font: (Default) Times New Roman Formatted: Normal, Left Formatted: Font: 12 pt Formatted: Font: Bold Formatted: Font: (Default) Times New Roman Formatted: Normal, Left Packet Page 230 of 248 89 Form) regarding an employee’s appearance, behavior, speech, breath odor, or other factors that indicate the employee may be under the influence of alcohol or drugs. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. Drug and Alcohol Testing Tests The City of Edmonds may test any employee or applicant for drugs or alcohol as set forth in this policy. This includes urine drug testing and evidential breath alcohol testing. Alcohol and drug testing required by this policy is a mandatory condition of employment. Refusing to submit to such tests constitutes a violation of City policy and will result in termination of employment (or, for an applicant, withdrawal of the conditional job offer.) Reasonable Suspicion – Whenever a City of Edmonds Human Resource representative, or a supervisor has reasonable suspicion (described and documented using a Reasonable Suspicion Testing and Documentation Form) suggesting that the employee is under the influence of alcohol or drugs, the employee shall submit to a reasonable suspicion drug and/or alcohol test. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Supervisors should complete a Documentation Form and, if possible, have the form signed by a witness. If a supervisor has reasonable suspicion to believe that an employee who is on duty, about to go on duty, or just completed duty is under any influence of drugs or alcohol, the supervisor will remove the employee from duty immediately. The employee will be advised of the reasons for reasonable suspicion and will be transported to the collection site by the supervisor for testing. If a reasonable suspicion alcohol test is not conducted within two hours of determination that it is necessary, the supervisor will prepare and maintain documentation of the reasons why it did not occur within that time frame. Post-Accident – An employee who is involved in an accident while driving a vehicle for City business will be required to submit to a drug and alcohol test if the accident results in (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Formatted: Normal, Left Formatted: Font: (Default) Arial, Bold, Underline Formatted: Font: (Default) Times New Roman Packet Page 231 of 248 90 After an accident, employees are responsible for contacting their immediate supervisor or other management personnel. If the above conditions are met, the employee must make himself or herself available for post-accident testing as soon as possible. Post- accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within 32 hours. An employee who does not comply with the post-accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post- accident situation should cooperate with law enforcement personnel investigating the scene. Supervisors are responsible for determining if the accident qualifies the driver for post- accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to their medical condition, the supervisor will document the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. Return to Duty – Employees who have violated this policy but are allowed to return to work must test negative prior to being released for duty. A return-to-duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Follow Up – An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed twenty-four (24) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. PROHIBITED CONDUCT The City of Edmonds strictly prohibits the following: Reporting to work or remaining on duty under the influence of alcohol or drugs. Testing positive for alcohol or drugs. An alcohol concentration of 0.02 or higher is considered a positive test. The use, possession, manufacture, distribution, dispensing, transfer or trafficking of alcohol or drugs and their paraphernalia in any amount or any manner on City premises, in City vehicles, or while on duty at any time. Operating a City vehicle within four (4) hours after consuming any amount of alcohol. An on-call employee who consumes any amount of alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty. The unauthorized use or distribution of prescription drugs on City premises, in City vehicles, or while on duty at any time. Formatted: Font: Bold Formatted: Font: (Default) Times New Roman Formatted: Normal, Left Packet Page 232 of 248 91 The use of any legally obtained drug (prescription or over-the-counter) when such use adversely affects an employee’s job performance, their safety or the safety of others, or any combination thereof. Violations of this policy. Employees who are taking medically prescribed or over-the-counter drugs should notify their supervisor if the medication may cause a direct threat by impairing job performance of safety-sensitive functions. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana under all circumstances, including where the employee has a medical prescription or a medical marijuana green card. Any employee found in violation of the above stated prohibitions will be subject to disciplinary action up to and including termination. REFUSAL TO SUBMIT An employee may not refuse to submit to a post-accident, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy. A refusal is treated as though the test, if taken, was positive. An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering, adulteration, substitution, or other interference with the collection and testing process are considered a refusal to test. CONSEQUENCES OF ENGAGING IN PROHIBITED CONDUCT Employees are subject to disciplinary action up to and including termination (and as specified in the Personnel Policies) for violating this policy. All employees, regardless of disciplinary action, will be advised of resources available for assistance with drug or alcohol misuse. Employees who violate this policy but whose employment is not terminated will not be permitted to return to work unless the employee: 1. has been evaluated by a SAP; and 2. if recommended by a SAP, has properly followed any rehabilitation prescribed; and 3. has had a post-treatment evaluation by the original SAP and is released to return to work; and, 4. has a verified negative return-to-duty test. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Formatted: Font: Bold Formatted: Font: (Default) Times New Roman Formatted: Normal, Left Formatted: Font: Bold Formatted: Font: (Default) Times New Roman Formatted: Normal, Left Packet Page 233 of 248 92 An employee who successfully returns to work will be subject to follow-up random testing as recommended by the SAP with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. PART II: POLICIES THAT APPLY TO EMPLOYEES WITH COMMERCIAL DRIVER’S LICENSES Purpose The purpose of this part of this policy is to establish compliance with the Federal Motor Carriers Safety Administration regulations requiring drug and alcohol testing for Commercial Driver’s License holders. Regulations issued by the United States Department of Transportation mandate urine drug and evidential breath alcohol testing for employees in safety sensitive positions, including those who are required to hold certain Commercial Driver’s Licenses. These regulations may be found in 49 CFR Part 40 and Part 382 of the U.S. Code. This policy sets forth the City of Edmonds alcohol and drug testing program and the testing and reporting requirements as required by those regulations. Application Part II applies to all employees of the City who are required to have and maintain a Commercial Driver’s License in order to perform the duties of their job. Policy The City has a significant interest in the health and safety of its employees and the citizens of the City of Edmonds. In furtherance of that interest, it is the policy of the City to take those steps necessary to ensure that its employees perform their duties and responsibilities free of the influence of drugs and alcohol. Employees are encouraged to seek confidential counseling on problems associated with alcohol and drug abuse through the Employee Assistance Program. There will be mandatory drug and alcohol testing for employees and job applicants as outlined in this part of this policy. Definitions Commercial Vehicle - A commercial vehicle is one that either: 1) has a gross vehicle weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); 2) is designed to transport 16 or more persons, including the driver; or 3) is used to transport hazardous materials. Driver - All employees whose positions may involve driving a commercial vehicle and which require the possession of a Commercial Driver’s License. Drugs - For the purposes of this policy, in accordance with the applicable federal regulations for Commercial Drivers License holders, “drugs” refers to the following five Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Packet Page 234 of 248 93 substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP), and amphetamines. Nothing in this policy shall preclude the City from requesting testing for additional illegal or controlled substances taken without a valid prescription, including but not limited to synthetic opiates. Follow Up-An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Pre-Employment – After receiving a conditional offer of employment, applicants whose position requires a CDL are required to submit to, and successfully pass, a drug test. Reasonable Suspicion – Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation Form) regarding an employee’s current appearance, behavior, speech and breath odor or other factors that suggests the employee is under the influence of alcohol or drugs. Return to Duty-Employees who have violated this policy and who under the discipline policy are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Safety Sensitive Position - For purposes of this part (Part II) of this policy, these are positions that require a Commercial Driver’s License. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. The SAP is responsible for evaluating employees with positive test results. Prohibited Conduct. The following conduct regarding alcohol and drug use or abuse is prohibited: A. Alcohol Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Packet Page 235 of 248 94 An employee may not report for or remain on duty requiring the performance of duties covered under this policy while having an alcohol concentration of 0.02 or greater. An employee may not possess or use alcohol while on duty or while operating a City vehicle. An employee may not operate a commercial vehicle within four (4) hours after consuming alcohol. An on-call employee who consumes alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty. B. Drugs Reporting for duty or remaining on duty when the employee has used a drug or drugs is strictly prohibited, as defined with these adopted policies. C. Use of Prescription Medication Except for medical marijuana, use of prescription medication or over-the-counter medication pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial vehicle is not a violation of this policy. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively must inform their supervisor and may be required to provide written notice from their physician or pharmacist with respect to the effects of such substances and their ability to safely and effectively perform their job. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana even if the employee has a medical marijuana prescription or medical marijuana green card. D. Refusal to Submit to a Required Test An employee may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this part of this policy. A refusal is treated as though the test, if taken, was positive. E. Positive Drug Test An employee may not report for duty or remain on duty requiring the performance of duties covered under this policy if the employee tests positive for drugs or alcohol. F. Tampering with a Required Test An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering, adulteration, substitution, or other interference with the collection and testing process are considered a refusal to test. Testing Packet Page 236 of 248 95 1. Pre-employment Drug Testing All individuals who are covered by this part of this policy must pass a drug test as a post-offer condition of employment. 2. Reasonable Suspicion Testing Employees subject to this part of this policy shall submit to a drug and/or alcohol test when the City reasonably suspects that this policy may have been or is presently being violated. A referral for testing will be based on contemporaneous, articulated observations. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Alcohol testing for reasonable suspicion may only be conducted just before, during or after an employee operates a commercial vehicle. If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight hours, the employee will not be allowed to perform or continue to perform covered functions until: a) an alcohol test is administered and the driver’s breath alcohol concentration measures less than 0.02; or b) Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated this policy concerning the use of alcohol. 3. Post-Accident Testing All employees covered by Part II of this policy will be subject to post-accident testing if they are involved in an accident with a commercial vehicle on a public road or right-of-way which results in: a) A fatality OR b) The driver receives a citation under state or local law for a moving violation AND i. there is bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene OR ii. one or more motor vehicles incurs disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Post-accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within thirty-two (32) hours. Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: Numbered + Level: 2 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.5" + Indent at: 1.75" Packet Page 237 of 248 96 After an accident, employees are responsible for contacting the immediate supervisor or other management personnel and remaining readily available for testing. An employee who does not comply with the post-accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post-accident situation should cooperate with law enforcement personnel investigating the scene. Supervisors are responsible for determining if the accident qualifies the driver for post-accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to a medical condition, the supervisor will document the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. 4. Random Testing Employees covered by these procedures have been included in the AWC Drug and Alcohol Testing Consortium pool. This pool contains all eligible individuals from all of the consortium members. The pool database is managed by HealthForce Partners and is updated monthly as changes in personnel occur. The annual random testing rate required under federal regulations is fifty (50) percent of the pool of employees covered by this policy for drug testing and ten (10) percent of the pool for alcohol testing. This means that if the pool contains 1,000 members, there will be at least 500 random drug tests and at least 100 random alcohol tests conducted throughout the year. HealthForce Partners uses a software program to randomly select individuals for random testing on a monthly basis. Some individuals will be selected for drug testing and others will be selected for both drug and alcohol testing. Employees selected for random testing will be scheduled for a test by the Designated Employer Representative at some time during the month that the name was selected. Employees selected for alcohol testing may only be tested just before, during or after driving a commercial vehicle. Employees will not be notified until just prior to the testing. Upon notification of selection for random testing, the employee will receive an Employee Notification of Scheduled Drug and/or Alcohol Test letter from the Designated Employer Representative. The employee will be asked to sign this letter and a Testing Consent form. The employee must present the Employee Notification of Scheduled Drug and/or Alcohol Test letter at the collection site along with picture identification at the time of testing. A copy of all of the forms will be retained by the City. Formatted: List 2, Indent: Left: 0.5", First line: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Font: Not Bold Formatted: List 2, Indent: Left: 0" Packet Page 238 of 248 97 After notification, the employee must proceed immediately and directly to the collection site for testing. If an employee scheduled for an alcohol test receives a confirmed test result with a breath alcohol level of 0.02 or above and is unaccompanied at the collection site, a supervisor will be called to the site to transport the employee. Refusing to submit to a test will be considered the same as a positive test result and will subject the employee to the same consequences as receiving a positive test result. 5. Return to Duty Testing Employees who have violated Part II of this policy, including those who have tested positive on a drug or alcohol test, and who are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. 6. Follow-up Testing An employee who is referred for assistance related to alcohol misuse and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. 7. Split Sample Testing Employees who test positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result by the Medical Review Officer. Refusal To Take An Alcohol Or Drug Test. No employee shall refuse to submit to an alcohol or drug test as directed under this policy. A refusal to submit shall include, but is not limited to: a. a failure to provide adequate breath for testing without a valid medical explanation; b. failure to provide adequate urine for drug testing without a valid medical explanation; c. engaging in conduct that obstructs the testing process; d. failure to appear for a test; e. failure to remain at the testing site until the testing process is completed; Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Indent: Left: 1" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Indent: Left: 1" Formatted: Font: Bold Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Packet Page 239 of 248 98 f. failure to permit the monitoring of the provision of a specimen as directed by the collector; g. failure to take a second test as directed by the collector; h. tampering with a urine sample; i. failure to complete all required forms and documents. Refusal to submit to a test shall be considered the same as a positive test result. Securing Information From Previous Employers. If a person is to be hired into a position subject to this part of this policy and during the previous two (2) years has worked as a driver of a commercial vehicle, that person must authorize a request of all employers of the driver within the past two (2) years to release information on the following: a. Positive alcohol or drug tests b. Refusal to be tested The City will make a good faith effort to obtain and review the information from prior employers within twenty-eight (28) days of the person performing safety sensitive duties for the first time. Applicants are directed to disclose to the City any positive federal drug tests taken for entities other than bona fide employers within the previous two years. If the City obtains information that indicates either a positive test or that a refusal to be tested occurred within the past two (2) years, that person will not be permitted to drive commercial vehicles unless subsequent information indicates that an evaluation by a Substance Abuse Professional (SAP) was made, return to duty testing was administered, and the individual remains in compliance with the return to duty provisions outlined by the original SAP. Confidentiality and Record Retention. All records related to drug and alcohol testing will be maintained in a secure location with controlled access. These records will be kept separate from records pertaining to all other employees. Consequences of Engaging in Prohibited Conduct or Positive Drug or Alcohol Tests. A. Discipline An employee will be subject to appropriate disciplinary action as specified in the Personnel Policies up to and including termination from employment if: Formatted: Font: (Default) Times New Roman Formatted: Normal, Left, Indent: Left: 0" Formatted: Font: 12 pt Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Normal, Left Formatted: Font: Bold Formatted: Font: 12 pt, Bold, Condensed by 0.15 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1", Tab stops: Not at 0.5" Formatted: Font: Bold, Condensed by 0.15 pt Formatted: List Paragraph, Indent: First line: 0", Tab stops: Not at 0.5" Packet Page 240 of 248 99 1. the employee tests positive for a drug or drugs; 2. results from an alcohol test indicate a breath alcohol level of 0.04 or greater; and/or, 3. the employee has engaged in prohibited conduct as outlined in the Personnel Policies. All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. B. Positive Test Result and/or Engaging in Prohibited Conduct. The following provisions apply to employees who are not terminated for violating this policy: If an employee tests positive for drugs or has an alcohol test that indicates a breath alcohol level of 0.02 or greater from a random, reasonable suspicion or post- accident test, or engages in prohibited conduct as outlined in the Personnel Policies, the employee will be immediately removed from duties requiring the driving of a commercial vehicle. The employee will not be permitted to return to work unless he/she: 1. has been evaluated by a qualified Substance Abuse Professional; and, 2. if recommended by a Substance Abuse Professional, has properly followed any rehabilitation prescribed; and, 3. has had a post-treatment evaluation by the original SAP; and, 4. has a verified negative result on a return-to-duty alcohol (<0.02) and/or drug test. Upon completion of a recommended rehabilitation program and successful return to work, an employee will be subject to follow-up random testing for up to sixty (60) months as recommended by the Substance Abuse Professional, with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. Employee Assistance Program/Voluntary Referral. The City supports employees who voluntarily seek assistance with alcohol or drug abuse. Employees are encouraged to seek treatment voluntarily and to utilize the Employee Assistance Program described in Part III. Any employee who comes forth and notifies the City of alcohol or drug abuse problems will be given the assistance extended to employees with any other illness. Any such program, however, may not interfere with the tests required by these rules. For example, a driver may not identify himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect to avoid the consequences for a positive test or a refusal to Formatted: Font: 12 pt, Bold, Condensed by 0.15 pt Formatted: List Paragraph, Justified, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1", Don't hyphenate, Tab stops: -0.5", Left + 0", Left Formatted: Font: Bold, Condensed by 0.15 pt Formatted: Indent: First line: 0" Formatted: Font: Bold Formatted: Indent: Left: 0" Formatted: Font: Bold Packet Page 241 of 248 100 test. In addition, voluntarily seeking assistance does not excuse any failure to comply with all of the provisions of this part of this policy or other policies of the City. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as with other illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage. Confidentiality of information will be maintained as much as possible at all times. PART III: POLICIES APPLICABLE TO ALL EMPLOYEES RESOURCES A. Designated Employer Representative (DER) The Human Resources Manager has been designated by the City to answer questions about the program and program materials and may provide employees with resource materials or referral assistance. B. Employee Assistance Program The City offers an Employee Assistance Program (EAP) designed to assist employees and their families who are experiencing personal or job-related problems. The EAP is available to employees who need assistance in dealing with a substance abuse problem. Employees are encouraged to contact the EAP for assistance in early detection of substance abuse problems and referral for treatment programs. All EAP services are confidential and at no cost to the employee. Employees who would like information on benefits of the Employee Assistance Program should contact the Human Resources Department. C. Testing, Evaluation and Referral Services The City has joined the Association of Washington Cities (AWC) Drug and Alcohol Testing Consortium for the administration of this program. The AWC Consortium has contracted with HealthForce Partners to conduct the random testing services, provide the testing laboratory facilities, arrange the testing collection sites, and provide the Medical Review Officer (MRO) functions. The services of a Substance Abuse Professional (SAP) are also available for employees with positive test results. Drug and Alcohol Testing Collection Sites: CarePlus Medical Center 14330 Aurora Avenue N Shoreline, WA 98133 206.365.0220 Swedish/Stevens (after hours testing) PacLab Formatted: Font: 14 pt, Bold Formatted: Centered Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Packet Page 242 of 248 101 21601 76th Ave. W. Edmonds, WA 98026 (425) 640-4179 Testing Laboratory, as approved by the US Substance Abuse & Mental Health Services Administration (SAMHSA): LabCorp 1229 Madison Street, Suite 500 Seattle, WA 98104 206.386.2661 Medical Review Officer Paragon MRO Kirby Griffin, MD 9370 SW Greenburg Rd. Ste 200 Portland, OR 97223 1-877-3225 Substance Abuse Professional Compsych 1.800.570.9315 Compsyc will refer caller to a Substance Abuse Professional in the local area. TESTING PROCEDURES A. Pre-Employment Testing Following a conditional offer of employment, prospective employees will be tested for the presence of drugs if being hired into a job requiring a CDL, or as determined by the City. Current employees who are transferring from a position that does not require a Commercial Driver’s License to a position that does require one, will be tested for the presence of drugs prior to performing duties that require driving or operating a commercial vehicle. A positive drug test result for an employment candidate will result in the City rescinding the conditional offer of employment. The individual will only be eligible to re-apply for a position covered by these procedures after six (6) months. Proof of compliance with USDOT return-to-duty regulations will be required. A positive drug test result for an employee seeking to transfer to a position requiring the driving of a commercial vehicle will result in denial of the transfer and the employee will be subject to discipline as described in the Drug and Alcohol Testing Policy. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Indent: Left: 0" Packet Page 243 of 248 102 B. Random Testing C. After Hours Testing If the need for testing occurs outside of the normal hours of operation of the designated collection site, a supervisor or manager will be responsible for following the procedures established by HealthForce Partners for such occurrences. 8. Dilute Specimens If a test is reported to the City with a result of “Negative Dilute”, the City will require the employee to take another test immediately in the following circumstances: for pre-employment, return to duty, reasonable cause, and follow up. The result of the recollection shall become the official test of record. TESTING COSTS AND COMPENSATION A. Testing Costs 1. The City will pay for the following alcohol and or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post-accident testing d. Pre-employment e. Follow-up testing f. Return to duty testing 2. Employees are responsible for the costs associated with the following tests: a. Split sample re-tests made at the employee’s request Split sample testing will be initiated by the MRO immediately upon the request of the donor without regard to which party will ultimately be responsible for payment. However, the City will pursue reimbursement from the donor if the split test reconfirms the original positive result. 3. Substance Abuse Professional and rehabilitation costs will be the responsibility of the employee. B. Pay Status 1. For Time Spent Testing Employees will be compensated for time spent to report to the testing facility and be tested for the following alcohol and/or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post-accident testing Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Indent: Left: 0" Packet Page 244 of 248 103 e. Follow-up testing 2. Waiting for Results Employees who have been asked to submit to a reasonable suspicion drug test will be placed on paid leave pending the outcome of the test results. Such employees are eligible to use accrued vacation or sick leave during this time. If the test result is negative, the time will be paid and any sick or vacation leave used will be credited. 3. Waiting to Return to Duty An employee who receives a positive drug test or who tests 0.02 or greater on an alcohol test is not allowed to return to work until all of the applicable requirements are met as outlined in the above policies. Such employee may use accrued vacation or sick leave during this absence. TESTING METHODS A. Drug Testing Drug testing requires donors to provide a urine specimen of at least 45 ml to be tested. The specimen will be sent to LabCorp, a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMSHA) to conduct screening and confirmation tests according to the protocols identified in the Department of Transportation Rules. All test results will be reviewed by the Medical Review Officer (MRO). B. Alcohol Testing Alcohol testing will be conducted using an approved evidential breath testing (EBT) device operated by a trained breath alcohol technician (BAT) at the collection site. TRAINING AND EDUCATION The City will provide all affected employees with copies of the Drug and Alcohol Testing Policy and other information as may be required by the federal regulations. Each employee must sign a receipt upon having been provided the above referenced information. Managers and supervisors designated to determine whether reasonable suspicion exists to require an employee to undergo alcohol or drug testing will receive at least sixty (60) minutes of training on alcohol and sixty (60) additional minutes of training on drug abuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Packet Page 245 of 248 104 POLICY MODIFICATIONS The City reserves the right to amend this policy as required by changes to Federal law, State law, accepted industry practice, or for minor administrative modifications. Employees will be notified in writing of any changes made that affect them. A current copy of this policy will be kept in the office of the Drug Enforcement Representative and is to be incorporated as Appendix B to the City of Edmonds Personnel Policies. Formatted: Indent: Left: 0" Packet Page 246 of 248 105 APPENDIX CB RECEIPT OF PERSONNEL POLICIES All employees should read the following; then sign, date and return the form to Human Resources Office. The form will be placed in the employee's personnel file. Enclosed are the City of Edmonds Ppersonnel Ppolicies. These policies supersede any prior oral or written statements of the City’s Personnel PoliciesIt is your responsibility to read these policies, as they will acquaint you with your employee benefits, our personnel practices and rules, and some organizational philosophy. It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although we hope that your employment relationship with us will be long term, we recognize that a t times things do not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights are granted to you in employment contracts, civil service rules, or elsewhere, all employees of the City are considered at- will employees and may be terminated from City employment at any time, with or without cause and with or without notice. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. Please refer to the on-line version or contact Human Resources for the most up-to-date version. You will be notified of any such changes. Please also understand that no supervisor, manager or representative of the City other than the Mayor has the authority to make any written or verbal statements or representations which are inconsistent with these policies. The City, as the employer, reserves the right to deduct from an employee’s final paycheck and/or accrued benefits of any amounts advanced to an employee that remains unearned when his or her employment with the City ends. If you have any questions about these policies or any other policies of the City, please feel free to ask your supervisor, department head or the Mayor. Your signature below signifies you have received and understand the information stated above. ______________________________ Employee Signature ______________________________ Employee Printed Name Packet Page 247 of 248 106 ____________________Date Packet Page 248 of 248